CHAPTER 320

An Act concerning neonatal care and amending P.L.1992, c.160.

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:

C.26:2H-7a  Exemptions from certificate of need requirement.

     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;

     Full service diagnostic catheterization services, primary angioplasty services, and elective angioplasty services in accordance with a license issued under section 2 of P.L.2021, c.18 (C.26:2H-7.23);

     Residential health care facility services;

     Dementia care homes;

     Capital improvements and renovations to health care facilities;

     Additions of medical/surgical, adult intensive care, and adult critical care beds in hospitals;

An increase in the level of neonatal care designation of a health care facility, which provides inpatient, maternity services, from “community perinatal center-basic” to “community perinatal center – intermediate,” as these terms are defined in N.J.A.C.8:33-1.3, or its successor regulation;

     Inpatient special psychiatric beds used solely for services for patients with co-occurring mental health and substance use disorders;

     Replacement of existing major moveable equipment;

     Inpatient operating rooms;

     Alternate family care programs;

     Hospital-based subacute care;

     Ambulatory care 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.).

C.26:2H-11.2  Certificate of need call, "community perinatal center – intensive".

     2.  Within 180 days following the effective date of P.L.2025, c.320 (C.26:2H-11.2 et al.), the Department of Health shall issue a certificate of need call for the neonatal level of care designation, "community perinatal center – intensive," as this term is defined in N.J.A.C.8:33-1.3 or its successor regulation, and for the addition of intensive bassinets within health care facilities that provide inpatient, maternity services in a manner that reflects the current needs of the State.

C.26:2H-11.3  Construction of act.

     3.  Nothing in P.L.2025, c.320 (C.26:2H-11.2 et al.), shall be construed as limiting the Department of Health’s licensing authority with regard to bassinets within health care facilities that provide inpatient, maternity services.

     4. This act shall take effect immediately.

     Approved January 20, 2026.