An Act concerning hepatitis C testing and supplementing Title 26 ¹and Title 45¹ 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:

"Hepatitis C diagnostic test" means a laboratory test that detects the presence of hepatitis C virus in the blood and provides confirmation of whether the individual tested has a hepatitis C infection.

"Hepatitis C screening test" means a ¹[laboratory screening test] U.S. Food and Drug Administration-approved test, including a rapid point-of-care test,¹ that detects the presence of hepatitis C virus antibodies in the blood.

b. A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), or a health care professional licensed pursuant to Title 45 or 52 of the Revised Statutes, shall, when providing a health care service to an individual who was born between 1945 and 1965, ¹and except as provided in subsection c. of this section,¹ offer a hepatitis C screening test to that individual, unless the health care professional ¹[who has] with¹ primary responsibility for the treatment and care of the individual reasonably believes that the individual:

(1) is being treated for a life threatening emergency;

(2) has previously been offered or has been the subject of a hepatitis C screening test; or

(3) lacks capacity to consent to a hepatitis C screening test.

c. ¹Notwithstanding the provisions of subsection b. of this section to the contrary, a nursing home or other long-term care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), or a health care professional licensed pursuant to Title 45 or 52 of the Revised Statutes who is employed by a nursing home or other long-term care facility, shall, when providing a health care service to an individual who was born between 1945 and 1965, offer to arrange a hepatitis C screening test for that individual, either by setting up a screening test appointment with an appropriate health care professional or general hospital, or by arranging for a mobile laboratory or other laboratory site to provide the screening test, except in those cases where the health care professional with primary responsibility for the treatment and care of the individual reasonably believes that the individual satisfies one of the conditions identified in paragraphs (1) through (3) of subsection b. of this section.

d. (1)¹ If an individual accepts ¹[the] an¹ offer for a hepatitis C screening test¹, as provided by subsection b. of this section,¹ and the screening test is positive, the hospital or health care professional shall either offer the individual follow-up care or refer the individual to a health care provider who can provide follow-up care.

¹(2) If an individual accepts an offer for the arrangement of a hepatitis C screening test, as provided by subsection c. of this section, and the screening test is positive, the person or entity providing the screening test pursuant to the arrangement shall either offer the individual follow-up care or refer the individual to a health care provider who can provide follow-up care.

(3)¹ The follow-up care ¹that is provided pursuant to this subsection¹ shall include a hepatitis C diagnostic test.

¹[d.] e.¹ The ¹[offering of a hepatitis C screening test under] offer that is made pursuant to¹ this section shall be culturally and linguistically appropriate in accordance with regulations promulgated by the Commissioner of Health.

¹[e.] f.¹ This section shall not affect the scope of practice of any health care professional or diminish any authority or legal or professional obligation of any health care professional to offer a hepatitis C screening or diagnostic test, or to provide services or health care for the individual who is subject to a hepatitis C screening or diagnostic test.

¹[f.] g.¹ The Commissioner of Health shall evaluate the impact of the provisions of this section with respect to the number of individuals who are screened for hepatitis C and the number of individuals who have accessed care following a positive test. No later than January 1, 2016, the Commissioner of Health shall submit a report of the evaluation to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1)¹.¹

¹2. The Commissioner of Health, in consultation with the Public Health Council in the Department of Health, shall adopt regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to permit any laboratory site that has a current Clinical Laboratory Improvement Amendments Certificate of Waiver issued by the federal Centers for Medicare & Medicaid Services to perform rapid point-of-care tests for hepatitis C virus licensed by the federal Food and Drug Administration.¹

¹[2] 3.¹ The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to effectuate the purposes of this act.

¹[3.] 4.¹ This act shall take effect on the first day of January next following the date of enactment, and ¹section 1¹ shall expire and be deemed repealed on January 1, 2020, except that the Commissioner of Health may take such anticipatory administrative action in advance of the effective date as shall be necessary for the implementation of this act.