A2259 1R

An Act concerning the rights of hospital patients with developmental disabilities and supplementing Title 26 of the Revised Statutes.

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

1. a. As used in this section:

“Caregiver” means the same as that term is defined by section 2 of P.L.2010, c.5 (C.30:6D-74).

“Developmental disability” means the same as that term is defined by section 3 of P.L.1977, c.82 (C.30:6D-3).

“Direct support professional (DSP)” means an individual who provides direct, non-medical supportive assistance, on a daily basis, to a person who has a developmental disability, with the aim of helping the person: become better integrated into the community or the least restrictive environment; more effectively understand, communicate, and advocate for, the person’s individual needs and desires; identify and participate in positive employment, job coaching, and training opportunities; make informed choices and better understand the options and possible consequences of choices relating to physical health, safety, and emotional well-being; address challenging behaviors through a person-centered approach; successfully engage in the basic activities of daily living; identify and participate in activities that promote a healthy lifestyle; and otherwise lead a self-directed and autonomous life.

“Guardian” means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of a person with a developmental disability, but does not include a guardian ad litem.

“Hospital” means a general hospital licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

b. In addition to the other rights that are retained by a hospital patient under section 2 of P.L.1989, c.170 (C.26:2H-12.8) or under any other law, an individual with a developmental disability who is admitted to a hospital shall have the right to be ¹[personally]¹ accompanied by a family member, guardian, direct support professional, or other caregiver ¹[designated pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) throughout the duration of the individual’s stay at the hospital, except when the patient is actively undergoing a surgical procedure and would be endangered by the presence of the designated person in the room where surgery is being performed] in accordance with hospital policies necessary to ensure patient safety, privacy, infection control, and clinical care.

c. A designation made pursuant to this act shall not confer decision-making authority, unless the designated individual is otherwise authorized under law as a guardian, health care representative, or legally authorized decision-maker.

d. A hospital may temporarily limit or revoke the presence of a designated person when necessary to protect the health or safety of the patient, staff, or other patients; maintain patient privacy or confidentiality; comply with infection control protocols or public health emergency requirements; or ensure the safe delivery of clinical care.

e. A patient may designate one caregiver at a time for purposes of accompaniment under this act.

f. A designation made pursuant to this act shall be recorded by the hospital in a manner consistent with the hospital’s existing medical record and patient visitor documentation procedures.

g. Nothing in this act shall be construed to require a hospital to permit a designated person to enter a behavioral health treatment unit or other secure clinical area where such presence would conflict with federal or State privacy protections, patient safety requirements, or facility security protocols¹.

¹[2. a. As used in this section:

“Caregiver” means the same as that term is defined by section 2 of P.L.2010, c.5 (C.30:6D-74).

“Developmental disability” means the same as that term is defined by section 3 of P.L.1977, c.82 (C.30:6D-3).

“Hospital” means a general hospital licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

b. Immediately upon the admission of a patient with a developmental disability to a hospital, the hospital shall provide the patient or the patient’s parent or legal guardian, as appropriate, with an opportunity to designate a family member, guardian, direct support professional, or other caregiver to accompany the patient throughout the patient’s hospital stay, as provided by section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). If the patient is unconscious or is otherwise incapacitated upon admission to the hospital, the patient’s parent or guardian, if any and as appropriate, shall be given the opportunity to make the designation pursuant to this subsection unless the patient is an adult who does not have a guardian, in which case, the adult patient shall be given the opportunity to make the designation as soon as practicable after the patient regains consciousness or decision-making capacity. If a patient with a developmental disability is a minor child whose parents are divorced, the custodial parent shall have the authority to make a designation pursuant to this subsection.

c. A hospital shall:

(1) promptly include, in the patient’s medical record, either the name of the person designated pursuant to subsection b. of this section or a statement indicating that the patient or the patient’s parent or guardian, as the case may be, has declined to make a designation pursuant to subsection b. of this section; and

(2) allow any person designated pursuant to subsection b. of this section to accompany the patient throughout the course of the patient’s hospital stay, except as otherwise provided by section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

d. A designation made pursuant to this section shall not obligate the designated family member, guardian, direct support professional, or other caregiver to provide direct support or personal care assistance to the patient during the patient’s hospital stay or after-care assistance to the patient following the patient’s discharge from the hospital.

e. A patient or the patient’s parent or guardian, as the case may be, may elect, at any time, to change the designation made pursuant to this section. Any such person wishing to change the designation shall provide notice of the change to the hospital at least one hour prior to the effectuation thereof, and the hospital shall promptly update the designation in the patient’s medical record.

f. This section shall not be construed to require a hospital patient with a developmental disability or the patient’s parent or guardian, as the case may be, to make any designation pursuant to this section.]¹

¹[3.] 2.¹ The Department of Health, in consultation with the Department of Human Services, shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.

¹[4.] 3.¹ This act shall take effect ¹[immediately] 365 days following enactment¹.