SENATE, No. 1491

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED FEBRUARY 27, 2014

 

 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Requires DHSS to review standard of care at health care facilities in which 40% or more of direct patient care nursing staff are temporary hires.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning nursing staff at health care facilities 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.  A health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall promptly notify the Commissioner of Health and Senior Services, on a form and in a manner prescribed by the commissioner, when the number of registered professional nurses, licensed practical nurses, or certified nurse aides hired to work at the facility on a temporary basis as direct patient care staff in order to replace registered professional nurses, licensed practical nurses, or certified nurse aides, as applicable, who are permanent employees of the facility, reaches 40% or more of the total number of that category of health care provider providing direct patient care at the facility.

     The provisions of this act shall not apply to a health care facility that employs fewer than 10 persons as permanent employees in the category of health care provider for which the facility employs persons on a temporary basis.

     b.    Upon receipt of notification pursuant to subsection a. of this section, the commissioner shall provide for an immediate, on-site review by the Department of Health and Senior Services of the standard of care being provided to patients at the applicable facility, and shall direct the facility to take any measures determined necessary by the department to ensure that appropriate care is provided to those patients.

     c.    A health care facility that fails to comply with the provisions of this act, or any rules or regulations adopted pursuant thereto, shall be subject to a penalty as determined by the Commissioner of Health and Senior Services pursuant to sections 13, 14 and 16 of P.L.1971, c.136 (C.26:2H-13, C.26:2H-14 and C.26:2H-16).

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill is designed to ensure prompt review and oversight by the State of nursing care at health care facilities with large numbers of temporary nursing staff.

     The bill provides as follows:

·       A licensed health care facility is required to promptly notify the Commissioner of Health and Senior Services, on a form and in a manner prescribed by the commissioner, when the number of registered professional nurses (RNs), licensed practical nurses (LPNs), or certified nurse aides hired to work at the facility on a temporary basis as direct patient care staff in order to replace RNs, LPNs, or certified nurse aides, as applicable, who are permanent employees of the facility, reaches 40% or more of that category of health care provider providing direct patient care at the facility.

·       The bill exempts from its notification provisions a health care facility that employs fewer than 10 persons as permanent employees in the category of health care provider for which the facility employs persons on a temporary basis.

·       Upon receipt of notification pursuant to the bill, the commissioner is to:  provide for an immediate, on-site review by the Department of Health and Senior Services of the standard of care being provided to patients at the applicable facility; and direct the facility to take any measures determined necessary by the department to ensure that appropriate care is provided to those patients.

·       A health care facility that fails to comply with the provisions of the bill, or any rules or regulations adopted pursuant to the bill, is subject to a penalty as determined by the commissioner pursuant to N.J.S.A.26:2H-13, 26:2H-14 and 26:2H-16.