New Jersey A 1830: Establishes "Right to Try Act" permitting terminally ill patients to access investigational drugs and treatment.

Bill Text

A1830 

ASSEMBLY, No. 1830 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ANTHONY S. VERRELLI

District 15 (Hunterdon and Mercer)

SYNOPSIS

���� Revises provisions of State law concerning licensure 
of ambulatory care facility.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning licensure of ambulatory care facilities and 
amending P.L.1971, c.136.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.� Section 12 of P.L.1971, 
c.136 (C.26:2H-12) is amended to read as follows:

���� 12.� a.� No health care 
service or health care facility shall be operated unless it shall: (1) possess 
a valid license issued pursuant to [this 
act] P.L.1971, 
c.136 (C.26:2H-1 et seq.), which license shall specify the kind or kinds of 
health care services the facility is authorized to provide; (2) establish and 
maintain a uniform system of cost accounting approved by the commissioner; (3) 
establish and maintain a uniform system of reports and audits meeting the 
requirements of the commissioner; (4) prepare and review annually a long range 
plan for the provision of health care services; and (5) establish and maintain 
a centralized, coordinated system of discharge planning which assures every 
patient a planned program of continuing care and which meets the requirements 
of the commissioner which requirements shall, where feasible, equal or exceed 
those standards and regulations established by the federal government for all 
federally-funded health care facilities but shall not require any person who is 
not in receipt of State or federal assistance to be discharged against his 
will. 

���� b. (1) Application for a 
license for a health care service or health care facility shall be made upon 
forms prescribed by the department.� The department shall charge a single, 
nonrefundable fee for the filing of an application for and issuance of a license 
and a single, nonrefundable fee for any renewal thereof, and a single, 
nonrefundable fee for a biennial inspection of the facility, as it shall from 
time to time fix in rules or regulations; provided, however, that no such 
licensing fee shall exceed $10,000 in the case of a hospital and $4,000 in the 
case of any other health care facility for all services provided by the 
hospital or other health care facility, and no such inspection fee shall exceed 
$5,000 in the case of a hospital and $2,000 in the case of any other health 
care facility for all services provided by the hospital or other health care 
facility.� No inspection fee shall be charged for inspections other than 
biennial inspections.� Any surgical practice required to apply for licensure by 
the department as an ambulatory care facility pursuant to P.L.2017, c.283 shall 
be exempt from the initial and renewal license fees required by this section.� 
The application shall contain the name of the health care facility, the kind or 
kinds of health care service to be provided, the location and physical 
description of the institution, and such other information as the department 
may require. 

���� (2)�� A license shall be 
issued by the department upon its findings that the premises, equipment, 
personnel, including principals and management, finances, rules and bylaws, and 
standards of health care service are fit and adequate and there is reasonable 
assurance the health care facility will be operated in the manner required by [this act] P.L.1971, 
c.136 (C.26:2H-1 et seq.) and rules and regulations thereunder.

���� (3)�� The department shall 
post on its Internet website each inspection report prepared following an 
inspection of a residential health care facility, as defined in section 1 of 
P.L.1953, c.212 (C.30:11A-1) or licensed pursuant to P.L.1971, c.136 (C.26:2H-1 
et seq.), that is performed pursuant to this subsection, along with any other 
inspection report prepared by or on behalf of the department for such facility.

���� If an inspection reveals a 
serious health and safety violation at a residential health care facility, the 
department shall post the inspection report, including the name of the facility 
and the owner of the facility, on its website no later than 72 hours following 
the inspection.� If a license of a residential health care facility is 
suspended, the department shall post the suspension on its website no later 
than 72 hours following the suspension.� The department shall update its 
website to reflect the correction of a serious health and safety violation, and 
the lifting of a suspension.

���� The department shall notify, 
as soon as possible, the Commissioner of Human Services, or the commissioner's 
designee, and the director of the county board of social services or county 
welfare agency, as appropriate, in the county in which a residential health 
care facility is located, of a serious hea