Bill Text: NJ A2367 | 2010-2011 | Regular Session | Introduced
Bill Title: Reinstates certificate of need requirement for ambulatory surgical facilities.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-02-25 - Introduced, Referred to Assembly Health and Senior Services Committee [A2367 Detail]
Download: New_Jersey-2010-A2367-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman NANCY F. MUNOZ
District 21 (Essex, Morris, Somerset and Union)
SYNOPSIS
Reinstates certificate of need requirement for ambulatory surgical facilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning ambulatory surgical facilities and amending P.L.1992, c.160 and P.L.1998, c.43.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 19 of P.L.1992, c.160 (C.26:2H-7a) is amended to read as follows:
19. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, the following are exempt from the certificate of need requirement:
Community-based primary care centers;
Outpatient drug and alcohol services;
Hospital-based medical detoxification for drugs and alcohol;
Ambulance and invalid coach services;
Mental health services which are non-bed related outpatient services;
Residential health care facility services;
Capital improvements and renovations to health care facilities;
Additions of medical/surgical, adult intensive care and adult critical care beds in hospitals;
Replacement of existing major moveable equipment;
Inpatient operating rooms;
Alternate family care programs;
Hospital-based subacute care;
Ambulatory care facilities other than ambulatory surgical facilities;
Comprehensive outpatient rehabilitation services;
Special child health clinics;
New technology in accordance with the provisions of section 18 of P.L.1998, c.43 (C.26:2H-7d);
Transfer of ownership interest except in the case of an acute care hospital;
Change of site for approved certificate of need within the same county;
Additions to vehicles or hours of operation of a mobile intensive care unit;
Relocation or replacement of a health care facility within the same county, except for an acute care hospital;
Continuing care retirement communities authorized pursuant to P.L.1986, c.103 (C.52:27D-330 et seq.);
Magnetic resonance imaging;
Adult day health care facilities;
Pediatric day health care facilities;
Chronic or acute renal dialysis facilities; and
Transfer of ownership of a hospital to an authority in accordance with P.L.2006, c.46 (C.30:9-23.15 et al.).
(cf: P.L.2006, c.46, s.10)
2. Section 16 of P.L.1998, c.43 (C.26:2H-7c) is amended to read as follows:
16. a. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, 20 months after the effective date of P.L.1998, c.43 the following shall be exempt from the certificate of need requirement:
Extracorporeal shock wave lithotripter;
Hyperbaric chamber;
Positron emission tomography;
Residential drug and alcohol services;
[Ambulatory surgical facilities;]
Basic obstetric and pediatric services and birth centers, including additions of basic obstetric and pediatric beds in hospitals; and
Linear accelerator, including Cobalt 60 unit.
b. Notwithstanding the provisions of subsection a. of this section to the contrary, if the Commissioner of Health and Senior Services determines that Department of Health and Senior Services licensing standards for a health care service or facility listed in subsection a. of this section have been adopted by regulation of the department pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner may exempt the health care service or facility from the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) prior to the 20-month period established in subsection a. of this section.
The commissioner shall publish notice of any exemptions established pursuant to this subsection in the New Jersey Register and provide for 45 days' public notice prior to the effective date of the exemption.
c. In the case of any health care service or facility that is not exempted from the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) pursuant to this section or section 19 of P.L.1992, c.160 (C.26:2H-7a) and is not subject to expedited review, the commissioner shall publish a call schedule for the initiation of the services or facilities within 90 days of the date of enactment of this act. In the event that the commissioner determines that there is insufficient need to support the initiation of the service or facility, the commissioner is authorized to cancel the call. The commissioner shall provide public notice of the cancellation at least 45 days prior to the scheduled call date.
(cf: P.L.1998, c.43, s.16)
3. This act shall take effect immediately and shall apply to an ambulatory surgical facility for which an application for licensure is submitted to the Department of Health and Senior Services on or after the effective date of this act.
STATEMENT
This bill reinstates the certificate of need (CN) requirement, established pursuant to section 7 of P.L.1971, c.136 (C.26:2H-7), for ambulatory surgical facilities in New Jersey. Currently, these facilities are exempted from the CN requirement pursuant to section 16 of P.L.1998, c.43 (C.26:2H-7c), which this bill amends. The provisions of this bill take effect immediately and apply to an ambulatory surgical facility for which an application for licensure is submitted to the Department of Health and Senior Services on or after the effective date of the bill.
