S4622

An Act concerning home health care services 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. As used in this section, “home care agency” means a home health care agency that is licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.)

b. As a condition of the licensure of a home care agency, a home care agency that provides home care services to a patient, shall, upon the request of the patient or the patient’s guardian, provide home care services to the individual in a manner that is culturally sensitive to that patient and to those who are within the patient’s home, which shall include, but shall not be limited to:

(1) home care services that are delivered in a manner that does not infringe or violate the recognized, ethnic traditions or religious laws that are observed by the patient;

(2) the preparation and delivery of meals in a manner that conforms to the religious dietary law observed by the patient, if applicable;

(3) the administration of medicines and treatments in a manner that conforms to the religious laws observed by the patient, including the religious dietary law observed by the patient;

(4) the ability of the patient to choose the sex of the home care agency employee who provides treatment to the patient in order to comply with the religious laws observed by the patient;

(5) the delivery of services by home care agency employees who are dressed modestly and who interact with the patient and those within the patient’s home in a manner that:

(a) is mindful and respectful of the patient’s religion; and

(b) conforms to the religious law observed by the patient and those within the patient’s home, as it pertains to appropriate interaction and physical contact between individuals; and

(6) the delivery of home health care services in a manner that accommodates the schedule of the patient or the patient’s guardian, as it pertains to prayer time, observed religious holidays, religious days of rest, and other ethnic or religious activities, observances, and traditions.

2. This act shall take effect 180 days following the date of enactment.

STATEMENT

This bill requires home health care services to be delivered in a culturally sensitive manner.

Under the bill, a home care agency that provides home care services to a patient, is to, upon the request of the patient or the patient’s guardian, provide home care services to the individual in a manner that is culturally sensitive to that patient and to those who are within the patient’s home, which is to include, but is not to be limited to: (1) home care services that are delivered in a manner that does not infringe or violate the recognized, ethnic traditions or religious laws that are observed by the patient; (2) the preparation and delivery of meals in a manner that conforms to the religious dietary law observed by the patient, if applicable; (3) the administration of medicines and treatments in a manner that conforms to the religious laws observed by the patient, including the religious dietary law observed by the patient; (4) the ability of the patient to choose the sex of the home care agency employee who provides treatment to the patient in order to comply with the religious laws observed by the patient; (5) the delivery of services by home care agency employees who are dressed modestly and who interact with the patient and those within the patient’s home, as provided for in the bill; and (6) the delivery of home health care services in a manner that accommodates the schedule of the patient or the patient’s guardian, as it pertains to prayer time, observed religious holidays, religious days of rest, and other ethnic or religious activities, observances, and traditions.