SENATE, No. 2336

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED AUGUST 11, 2014

 


 

Sponsored by:

Senator† GERALD CARDINALE

District 39 (Bergen and Passaic)

Senator† NIA H. GILL

District 34 (Essex and Passaic)

 

 

 

 

SYNOPSIS

†††† Transfers immunity from civil liability for certain healthcare providers to other healthcare providers in certain circumstances.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning immunity from civil liability for certain healthcare providers and supplementing Title 2A of the New Jersey Statutes.

 

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

 

†††† 1.††† a.† Immunity from liability granted to a healthcare provider pursuant to section 1 of P.L.1987, c.87 (C.2A:53A-7.1) or P.L.1959, c.90 (C.2A:53A-7 et seq.) shall extend to any secondary healthcare provider to whom the patient is referred by the healthcare provider originally granted immunity, provided that:

†††† (1)†† The secondary healthcare provider also provides the healthcare services without compensation, other than reimbursement for actual expenses; and

†††† (2)†† The services rendered by the secondary healthcare provider are limited to services for which the healthcare provider refers the patient to the secondary healthcare provider, and to services reasonably related to those services.

†††† b.††† Nothing in this section shall be deemed to grant immunity to any person causing damage by a willful, wanton, or grossly negligent act of commission or omission.

 

†††† 2.††† This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill provides that immunity from civil liability for certain healthcare providers is transferred when a patient is referred to another healthcare provider.†

†††† Under current law, in certain circumstances, healthcare providers who provide volunteer services or assistance for nonprofit corporations, societies or associations may be granted immunity from liability in any action for damages as a result of acts of commission or omission arising out of, and in the course of, rendering the volunteer services or assistance.† This bill extends this immunity when a healthcare provider refers a patient to a secondary healthcare provider, if the secondary healthcare providerís services are provided without compensation, other than reimbursement for actual expenses. †Immunity for the secondary healthcare provider is limited to services for which the healthcare provider refers the patient to the secondary healthcare provider and to services reasonably related to those services.

†††† Nothing in this bill grants immunity to any person causing damage by a willful, wanton, or grossly negligent act of commission or omission.