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

S3691

SENATE, No. 3691

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 24, 2026

Sponsored by:

Senator� KRISTIN M. CORRADO

District 40 (Bergen, Essex and Passaic)

Co-Sponsored by:

Senators Tiver, Diegnan and Polistina

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 introduced.

��

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 personally
accompanied by a family member, guardian, direct support professional, or other
caregiver 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.�

���� 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.

���� 3.��� 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.

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill would provide that,
in addition to the other rights that are retained by a hospital patient under
existing law, a hospital patient with a developmental disability has the right
to be personally accompanied by a designated family member, guardian, direct
support professional, or other caregiver throughout the duration of the
patient�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.�

���� The bill would require a
hospital, immediately upon the admission of an individual with a developmental
disability thereto, to 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.� If the patient is unconscious
or otherwise incapacitated at the time of admission to the hospital, the
patient�s parent or guardian, if any and as appropriate, is to be given the
opportunity to make the designation under the bill unless the patient is an
adult who does not have a guardian, in which case, the adult patient is to be
given the opportunity to make a 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, it is the
custodial parent who will have the authority to make a designation under the
bill�s provisions.

���� The hospital will be required
to promptly document, in the patient�s medical record, either the name of the
person designated to accompany the patient or a statement indicating that the
patient or the patient�s parent or guardian has declined to make a designation.�
The hospital will be required to allow the designated person to accompany the
patient throughout the course of the patient�s hospital stay, except as
otherwise provided by the bill.�

���� A designation made under the
bill will not obligate the designated person 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.�

���� 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 the bill.� Any such person wishing to change the
designation is to provide the hospital with notice of the change at least one
hour prior to the effectuation thereof, and the hospital is to promptly update
the designation in the patient�s medical record. �