ASSEMBLY HEALTH COMMITTEE

STATEMENT TO

ASSEMBLY, No. 2259

with committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 9, 2026

      The Assembly Health Committee reports favorably and with committee amendments Assembly Bill No. 2259.

      As amended by the committee, this bill would provide that, in addition to the other rights that are retained by a hospital patient under section 2 of P.L.1989, c.170 (C.26:2H-12.8) or under any other law, an individual with a developmental disability who is admitted to a hospital is to have the right to be accompanied by a family member, guardian, direct support professional, or other caregiver in accordance with hospital policies necessary to ensure patient safety, privacy, infection control, and clinical care.

     Under the bill, a designation is not to confer decision-making authority, unless the designated individual is otherwise authorized under law as a guardian, health care representative, or legally authorized decision-maker.  A hospital may temporarily limit or revoke the presence of a designated person when necessary to protect the health or safety of the patient, staff, or other patients; maintain patient privacy or confidentiality; comply with infection control protocols or public health emergency requirements; or ensure the safe delivery of clinical care.

     The bill provides that a patient may designate one caregiver at a time for purposes of accompaniment.  A designation is to be recorded by the hospital in a manner consistent with the hospital’s existing medical record and patient visitor documentation procedures.  Nothing in the bill is to be construed to require a hospital to permit a designated person to enter a behavioral health treatment unit or other secure clinical area where such presence would conflict with federal or State privacy protections, patient safety requirements, or facility security protocols.

      This bill was pre-filed for introduction in the 2026-2027 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.

COMMITTEE AMENDMENTS:

      The committee amendments:

      1) revise section 1 to provide that accompaniment is to be in accordance with hospital policies;

      2) provide that decision-making authority for designated persons is reserved to those who are authorized as such under the law;

      3) provide for:  visitor documentation procedures, designating one caregiver at a time, limiting or revoking the presence of a designated person, and the presence of designated persons in behavioral health treatment units; and

      4) omit section 2 in its entirety and revise numbering and the effective date.