New Jersey A 300: Authorizes hospital patient with developmental disabilities to have designated family member, guardian, direct support professional, or other caregiver accompany patient throughout hospital stay.

Bill Text

(Sponsorship Updated As Of: 4/4/2024)
ASSEMBLY, No. 300

STATE OF NEW JERSEY
221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Morris, Somerset and Union)
Assemblywoman MARGIE DONLON, M.D.
District 11 (Monmouth)
Assemblyman AL BARLAS
District 40 (Bergen, Essex and Passaic)

Co-Sponsored by:
Assemblywoman Flynn

SYNOPSIS
Authorizes hospital patient with developmental disabilities to have
designated family member, guardian, direct support professional, or other
caregiver accompany patient throughout hospital stay.

CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.

A300 MATSIKOUDIS, DONLON
2

AN ACT concerning the rights of hospital patients with 1
developmental disabilities and supplementing Title 26 of the 2
Revised Statutes. 3
4
BE IT ENACTED by the Senate and General Assembly of the State 5
of New Jersey: 6
7
1. a. As used in this section: 8
“Caregiver” means the same as that term is defined by section 2 9
of P.L.2010, c.5 (C.30:6D-74). 10
“Developmental disability” means the same as that term is 11
defined by section 3 of P.L.1977, c.82 (C.30:6D-3). 12
“Direct support professional (DSP)” means an individual who 13
provides direct, non-medical supportive assistance, on a daily basis, 14
to a person who has a developmental disability, with the aim of 15
helping the person: become better integrated into the community or 16
the least restrictive environment; more effectively understand, 17
communicate, and advocate for, the person’s individual needs and 18
desires; identify and participate in positive employment, job 19
coaching, and training opportunities; make informed choices and 20
better understand the options and possible consequences of choices 21
relating to physical health, safety, and emotional well-being; 22
address challenging behaviors through a person-centered approach; 23
successfully engage in the basic activities of daily living; identify 24
and participate in activities that promote a healthy lifestyle; and 25
otherwise lead a self-directed and autonomous life. 26
“Guardian” means a person appointed by a court to make 27
decisions regarding the support, care, education, health, or welfare 28
of a person with a developmental disability, but does not include a 29
guardian ad litem. 30
“Hospital” means a general hospital licensed by the Department 31
of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). 32
b. In addition to the other rights that are retained by a hospital 33
patient under section 2 of P.L.1989, c.170 (C.26:2H-12.8) or under 34
any other law, an individual with a developmental disability who is 35
admitted to a hospital shall have the right to be personally 36
accompanied by a family member, guardian, direct support 37
professional, or other caregiver designated pursuant to section 2 of 38
P.L. , c. (C. ) (pending before the Legislature as this bill) 39
throughout the duration of the individual’s stay at the hospital, 40
except when the patient is actively undergoing a surgical procedure 41
and would be endangered by the presence of the designated person 42
in the room where surgery is being performed. 43
44
2. a. As used in this section: 45
“Caregiver” means the same as that term is defined by section 2 46
of P.L.2010, c.5 (C.30:6D-74). 47

A300 MATSIKOUDIS, DONLON
3

“Developmental disability” means the same as that term is 1
defined by section 3 of P.L.1977, c.82 (C.30:6D-3). 2
“Direct support professional (DSP)” means an individual who 3
provides direct, non-medical supportive assistance, on a daily basis, 4
to a person who has a developmental disability, with the aim of 5
helping the person: become better integrated into the community or 6
the least restrictive environment; more effectively understand, 7
communicate, and advocate for, the person’s individual needs and 8
desires; identify and participate in positive employment, job 9
coaching, and training opportunities; make informed choices and 10
better understand the options and possible consequences of choices 11
relating to physical health, safety, and emotional well-being; 12
address challenging behaviors through a person-centered approach; 13
successfully engage in the basic activities of daily living; identify 14
and participate in activities that promote a healthy lifestyle; and 15
otherwise lead a self-directed and autonomous life. 16
“Guardian” means a person appointed by a court to make 17
decisions regarding the support, care, education, health, or welfare 18
of a person with a developmental disability, but does not include a 19
guardian ad litem. 20
“Hospital” means a general hospital licensed by the Department 21
of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). 22
b. Immediately upon the admission of a patient with a 23
developmental disability to a hospital, the hospital shall provide the 24
patient or the patient’s parent or legal guardian, as appropriate, with 25
an opportunity to