Bill Text: NJ S4816 | 2024-2025 | Regular Session | Amended

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Bill Title: Expands New Jersey's certificate of need exemption list.

Sponsorship: Moderate Partisan Bill (Democrat 7-1)

Status: (Passed) 2026-01-20 - Approved P.L.2025, c.320. [S4816 Detail]

Download: New_Jersey-2024-S4816-Amended.html

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[Second Reprint]

SENATE, No. 4816

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED OCTOBER 27, 2025

 

 

Sponsored by:

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

Assemblyman  LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblywoman  CAROL A. MURPHY

District 7 (Burlington)

 

Co-Sponsored by:

Senators Diegnan, Schepisi, Johnson, McKnight and Assemblywoman Haider

 

 

 

 

SYNOPSIS

     Expands New Jersey's certificate of need exemption list.

 

CURRENT VERSION OF TEXT

     As amended on January  12, 2026 by the Senate pursuant to the Governor's recommendations.

  

An Act concerning neonatal care and amending P.L.1992, c.160.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1. Section 19 of P.L.1992, c.160 (C.26:2H-7a) is amended to read as follows:

     19.  Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, the following are exempt from the certificate of need requirement:

     Community-based primary care centers;

     Outpatient drug and alcohol services;

     Hospital-based medical detoxification for drugs and alcohol;

     Ambulance and invalid coach services;

     Mental health services which are non-bed related outpatient services;

     Full service diagnostic catheterization services, primary angioplasty services, and elective angioplasty services in accordance with a license issued under section 2 of P.L.2021, c.18 (C.26:2H-7.23);

     Residential health care facility services;

     Dementia care homes;

     Capital improvements and renovations to health care facilities;

     Additions of medical/surgical, adult intensive care and adult critical care beds in hospitals;

      ¹[An addition of intermediate or intensive bassinets in a health care facility that provides inpatient, maternity services, irrespective of whether the health care facility has an existing certificate of need to provide neonatal care services; however, a reduction of intermediate or intensive bassinets in a health care facility that provides inpatient, maternity services, shall not be exempt from the certificate of need requirement;

     An increase in the level of neonatal care designation of a health care facility that provides inpatient, maternity services, irrespective of whether the health care facility has an existing certificate of need to provide neonatal care services; however, a decrease in the level of neonatal care designation of a health care facility that provides inpatient, maternity services, shall not be exempt from the certificate of need requirement;]

      An increase in the level of neonatal care designation of a health care facility, which provides inpatient, maternity services, from "community perinatal center-basic" to "community perinatal center - intermediate," as these terms are defined in N.J.A.C.8:33-1.3, or its successor regulation;¹

     Inpatient special psychiatric beds used solely for services for patients with co-occurring mental health and substance use disorders;

     Replacement of existing major moveable equipment;

     Inpatient operating rooms;

     Alternate family care programs;

     Hospital-based subacute care;

     Ambulatory care facilities;

     Comprehensive outpatient rehabilitation services;

     Special child health clinics;

     New technology in accordance with the provisions of section 18 of P.L.1998, c.43 (C.26:2H-7d);

     Transfer of ownership interest except in the case of an acute care hospital;

     Change of site for approved certificate of need within the same county;

     Additions to vehicles or hours of operation of a mobile intensive care unit;

     Relocation or replacement of a health care facility within the same county, except for an acute care hospital;

     Continuing care retirement communities authorized pursuant to P.L.1986, c.103 (C.52:27D-330 et seq.);

     Magnetic resonance imaging;

     Adult day health care facilities;

     Pediatric day health care facilities;

     Chronic or acute renal dialysis facilities; and

     Transfer of ownership of a hospital to an authority in accordance with P.L.2006, c.46 (C.30:9-23.15 et al.).

(cf: P.L.2021, c.18, s.4)

 

     ²[¹2. Notwithstanding the provisions of sections 1 or 3 of P.L.     , c.     (C.        ) (pending before the Legislature as this bill), a health care facility that provides inpatient maternity services, as of the effective date of P.L.     , c.     (C.        ) (pending before the Legislature as this bill), shall be permitted to increase its total number of bassinets by no more than 25 percent of its total number of bassinets that are licensed as of the effective date of P.L.     , c.     (C.        ) (pending before the Legislature as this bill), provided that this increase shall only occur once and shall only occur prior to December 31, 2026.¹]²

 

     ²[¹3.] 2.²  Within 180 days following the effective date of P.L.     , c.     (C.        ) (pending before the Legislature as this bill), the Department of Health shall issue a certificate of need call for the neonatal level of care designation, "community perinatal center - intensive," as this term is defined in N.J.A.C.8:33-1.3 or its successor regulation, and for the addition of intensive bassinets within health care facilities that provide inpatient, maternity services, in a manner that reflects the current needs of the State.¹

 

     ²[¹4.] 3.²  Nothing in P.L.     , c.     (C.        ) (pending before the Legislature as this bill), shall be construed as limiting the Department of Health's licensing authority with regard to bassinets within health care facilities that provide inpatient, maternity services.¹

 

     ¹[2.] ²[5.¹] 4.² Thi `s act shall take effect immediately.