S4816

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:

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 addition of intermediate or intensive bassinets in a health care facility that provides inpatient, maternity services, irrespective of whether the health care facility has an existing certificate of need to provide neonatal care services; however, a reduction of intermediate or intensive bassinets in a health care facility that provides inpatient, maternity services, shall not be exempt from the certificate of need requirement;

An increase in the level of neonatal care designation of a health care facility that provides inpatient, maternity services, irrespective of whether the health care facility has an existing certificate of need to provide neonatal care services; however, a decrease in the level of neonatal care designation of a health care facility that provides inpatient, maternity services, shall not be exempt from the certificate of need requirement;

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.).

(cf: P.L.2021, c.18, s.4)

2. This act shall take effect immediately.

STATEMENT

This bill expands New Jersey’s certificate of need exemption list.

Under New Jersey’s certificate of need requirement, an application for and receipt of a certificate of need from the Department of Health is required for the construction of a health care facility, the expansion of a health care facility, or the institution of a new health care service.

This bill provides exemptions from New Jersey’s certificate of need requirement for: 1) an addition of intermediate or intensive bassinets in a health care facility that provides inpatient, maternity services, irrespective of whether the health care facility has an existing certificate of need to provide neonatal care services; however, a reduction of intermediate or intensive bassinets in a health care facility that provides inpatient, maternity services, is not to be exempt from the certificate of need requirement; and 2) an increase in the level of neonatal care designation of a health care facility that provides inpatient, maternity services, irrespective of whether the health care facility has an existing certificate of need to provide neonatal care services; however, a decrease in the level of neonatal care designation of a health care facility that provides inpatient, maternity services, is not to be exempt from the certificate of need requirement.