S4284

An Act end-of-life planning and amending P.L.2019, c.420.

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

1. Section 1 of P.L.2019, c.420 (C.26:2H-132.2) is amended to read as follows:

1. a. Assisted living facilities, dementia care homes, nursing homes, assisted living residences, comprehensive personal care homes, residential health care facilities, hospitals, and long-term care facilities licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall:

(1) require all administrative personnel and professional staff to complete an annual training on advance care planning, end-of-life care, and the use of advance directives and Physician Orders for Life-Sustaining Treatment (POLST) forms;

(2) provide patients and residents, and their families, as appropriate, with educational materials on POLST forms, advance directives, and hospice and palliative care; and

(3) develop and implement policies to identify and address end-of-life care issues for patients and residents upon admission to the facility.

b. The Department of Health shall:

(1) issue a training manual via regulation to establish uniform policies and procedures that a facility, at a minimum, shall follow in order to comply with the requirements outlined in subsection a. of this section. A facility may implement policies and procedures beyond those issued in the department's manual, provided that such policies and procedures do not conflict with the department's regulations; and

(2) require a facility that fails to comply with the provisions of this section to submit a plan of corrective action to the department for approval, and may impose additional penalties or administrative disciplinary action as shall be prescribed by the Commissioner of Health by regulation.

c. (1) Upon the discharge of a patient from a hospital, each hospital shall make an affirmative inquiry of the patient to determine if the patient has completed an advance directive or a POLST form if there is not a current advance directive or POLST form in the patient’s medical records. A hospital shall offer to provide the patient a paper copy of a POLST form and a link to advance directive and POLST form resources available through the Department of Health’s Internet website if there is not an advance directive or POLST form in the patient’s medical records or if the patient indicates that the patient’s advance directive or POLST form is not current.

(2) A primary care provider shall not be required to make an affirmative inquiry of a patient as to whether the patient has completed an advance directive or POLST form more than once per year. The requirements of this subsection shall not affect policies and procedures adopted by a health care institution pursuant to section 13 of P.L.1991, c.201 (C.26:2H-65).

(3) An affirmative inquiry made pursuant to this subsection shall be deemed to satisfy the requirements of section 10 of P.L.1991, c.201 (C.26:2H-62).

(cf: P.L.2019, c.420, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill requires hospitals to make an affirmative inquiry of patients as to whether a patient has completed an advance directive or a practitioner orders for life-sustaining treatment (POLST) form.

Under current law, “advance directive” means a writing executed in accordance with the requirements of P.L.1991, c.201. An “advance directive” may include a proxy directive or an instruction directive, or both. A POLST form complements an advance directive by converting a person's wishes regarding life-sustaining treatment into a medical order.

Under the bill, upon the discharge of a patient from a hospital, each hospital is to make an affirmative inquiry of the patient to determine if the patient has completed an advance directive or a POLST form if there is not a current advance directive or POLST form in the patient’s medical records. A hospital is to offer to provide the patient a paper copy of a POLST form and a link to advance directive and POLST form resources available through the Department of Health’s Internet website if there is not an advance directive or POLST form in the patient’s medical records or if the patient indicates that the patient’s advance directive or POLST form is not current.