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

A2259 1R

[First Reprint]

ASSEMBLY, No. 2259

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman MARGIE DONLON, M.D.

District 11 (Monmouth)

Assemblyman AL BARLAS

District 40 (Bergen, Essex and Passaic)

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

Co-Sponsored by:

Assemblywomen Flynn, Speight, Assemblyman Sauickie,
Assemblywomen Rowan, Drulis and Assemblyman Freiman

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

���� As reported by the Assembly Health Committee on March
9, 2026, with amendments.

��

An Act
concerning the rights of hospital patients with
developmental disabilities 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:

���� �Caregiver� means the same as
that term is defined by section 2 of P.L.2010, c.5 (C.30:6D-74).

���� �Developmental disability�
means the same as that term is defined by section 3 of P.L.1977, c.82
(C.30:6D-3).

���� �Direct support professional
(DSP)� means an individual who provides direct, non-medical supportive
assistance, on a daily basis, to a person who has a developmental disability,
with the aim of helping the person:� become better integrated into the community
or the least restrictive environment; more effectively understand, communicate,
and advocate for, the person�s individual needs and desires; identify and
participate in positive employment, job coaching, and training opportunities;
make informed choices and better understand the options and possible
consequences of choices relating to physical health, safety, and emotional
well-being; address challenging behaviors through a person-centered approach;
successfully engage in the basic activities of daily living; identify and
participate in activities that promote a healthy lifestyle; and otherwise lead
a self-directed and autonomous life.

���� �Guardian� means a person
appointed by a court to make decisions regarding the support, care, education,
health, or welfare of a person with a developmental disability, but does not
include a guardian ad litem.

���� �Hospital� means a general
hospital licensed by the Department of Health pursuant to P.L.1971, c.136
(C.26:2H-1 et seq.).

���� b.��� 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 shall have the right to be
1
[
personally
]
1

accompanied by a family member, guardian, direct support professional, or other
caregiver
1
[
designated
pursuant to section 2 of P.L.�� , c.��� (C.������ ) (pending before the
Legislature as this bill) throughout the duration of the individual�s stay at
the hospital, except when the patient is actively undergoing a surgical
procedure and would be endangered by the presence of the designated person in
the room where surgery is being performed
]

in accordance with hospital policies necessary to ensure patient safety,
privacy, infection control, and clinical care.

����
c. A designation made
pursuant to this act shall not confer decision-making authority, unless the
designated individual is otherwise authorized under law as a guardian, health
care representative, or legally authorized decision-maker.

����
d. 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.

����
e. A patient may designate
one caregiver at a time for purposes of accompaniment under this act.

����
f. A designation made
pursuant to this act shall be recorded by the hospital in a manner consistent
with the hospital�s existing medical record and patient visitor documentation
procedures.

����
g. Nothing in this act
shall 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
1
.

����
1
[
2. a.� As used
in this section:

���� �Caregiver� means the same as
that term is defined by section 2 of P.L.2010, c.5 (C.30:6D-74).

���� �Developmental disability�
means the same as that term is defined by section 3 of P.L.1977, c.82
(C.30:6D-3).

���� �Direct support professional
(DSP)� means an individual who provides direct, non-medical supportive
assistance, on a daily basis, to a person who has a developmental disability,
with the aim of helping the person:� become better integrated into the community
or the least restrictive environment; more effectively understand, communicate,
and advocate for, the person�s individual needs and desires; identify and
participate in positive employment, job coaching, and training opportunities;
make informed choices and better understand the options and possible
consequences of choices relating to physical health, safety, and emotional
well-being; address challenging behaviors through a person-centered approach;
successfully engage in the basic activities of daily living; identify and
participate in activities that promote a healthy lifestyle; and otherwise lead
a self-directed and autonomous life.

���� �Guardian� means a person
appointed by a court to make decisions regarding the support, care, education,
health, or welfare of a person with a developmental disability, but does not
include a guardian ad litem.

���� �Hospital� means a general
hospital licensed by the Department of Health pursuant to P.L.1971, c.136
(C.26:2H-1 et seq.).

���� b.��� Immediately upon the
admission of a patient with a developmental disability to a hospital, the
hospital shall provide the patient or the patient�s parent or legal guardian,
as appropriate, with an opportunity to designate a family member, guardian,
direct support professional, or other caregiver to accompany the patient
throughout the patient�s hospital stay, as provided by section 1 of P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill).� If the
patient is unconscious or is otherwise incapacitated upon admission to the
hospital, the patient�s parent or guardian, if any and as appropriate, shall be
given the opportunity to make the designation pursuant to this subsection
unless the patient is an adult who does not have a guardian, in which case, the
adult patient shall be given the opportunity to make the designation as soon as
practicable after the patient regains consciousness or decision-making
capacity.� If a patient with a developmental disability is a minor child whose
parents are divorced, the custodial parent shall have the authority to make a
designation pursuant to this subsection.

���� c.���� A hospital shall:

���� (1)�� promptly include, in the
patient�s medical record, either the name of the person designated pursuant to
subsection b. of this section or a statement indicating that the patient or the
patient�s parent or guardian, as the case may be, has declined to make a
designation pursuant to subsection b. of this section; and

���� (2)�� allow any person
designated pursuant to subsection b. of this section to accompany the patient
throughout the course of the patient�s hospital stay, except as otherwise
provided by section 1 of P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill).��

���� d.��� A designation made
pursuant to this section shall not obligate the designated family member,
guardian, direct support professional, or other caregiver to provide direct
support or personal care assistance to the patient during the patient�s
hospital stay or after-care assistance to the patient following the patient�s
discharge from the hospital.

���� e.���� A patient or the
patient�s parent or guardian, as the case may be, may elect, at any time, to
change the designation made pursuant to this section.� Any such person wishing
to change the designation shall provide notice of the change to the hospital at
least one hour prior to the effectuation thereof, and the hospital shall
promptly update the designation in the patient�s medical record.

���� f.���� This section shall not
be construed to require a hospital patient with a developmental disability or
the patient�s parent or guardian, as the case may be, to make any designation
pursuant to this section.
]
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����
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[
3.
]

2.
1
���� The
Department of Health, in consultation with the Department of Human Services,
shall adopt rules and regulations, pursuant to the �Administrative Procedure
Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement
the provisions of this act.

����
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[
4.
]

3.
1
���� This
act shall take effect
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[
immediately
]

365 days
following enactment
1
.