Rutgers Law

New Jersey Statutes, Title: 26, HEALTH AND VITAL STATISTICS

    Chapter 2h: Declaration of public policy

      Section: 26:2h-12.28: Designation of hospitals as stroke centers.

          2. The Commissioner of Health shall designate hospitals that meet the criteria set forth in this section as primary, thrombectomy-capable, or comprehensive stroke centers or acute stroke ready hospitals.

a. A hospital shall apply to the commissioner for designation and shall demonstrate to the satisfaction of the commissioner that the hospital has been certified as a primary, thrombectomy-capable, or comprehensive stroke center or as an acute stroke ready hospital, respectively, by the Joint Commission, the American Heart Association, DNV GL, or another organization that provides such certifications as may be approved by the commissioner. A facility designated as a primary or comprehensive stroke center prior to the effective date of P.L.2019, c.476 (C.26:2H-12.28a et al.) shall retain such designation by obtaining, and providing the commissioner with documentation of, the appropriate certification by the Joint Commission, the American Heart Association, DNV GL, or other approved organization within three years of the effective date of P.L.2019, c.476 (C.26:2H-12.28a et al.), except that the commissioner may grant the facility up to two one-year extensions to obtain the appropriate certification, provided the facility certifies that the additional time is necessary to obtain the appropriate certification. Failure to meet the requirements of this subsection shall be deemed a voluntary surrender of the hospital's prior designation as a primary or comprehensive stroke center. A hospital that has its certification by the Joint Commission, the American Heart Association, DNV GL, or other certifying organization revoked shall report the revocation to the Department of Health no later than five days after the date the hospital receives notice of the revocation from the certifying entity.

b. The commissioner shall designate as many hospitals as primary stroke centers as apply for the designation, provided that the hospital meets the certification requirements set forth in subsection a. of this section.

c. The commissioner shall designate as many hospitals as thrombectomy-capable stroke centers as apply for the designation, provided that the hospital meets the certification requirements set forth in subsection a. of this section.

d. The commissioner shall designate as many hospitals as comprehensive stroke centers as apply for the designation, provided that the hospital meets the certification requirements set forth in subsection a. of this section.

e. The commissioner shall designate as many hospitals as acute stroke ready hospitals as apply for the designation, provided that the hospital meets the certification requirements set forth in subsection a. of this section.

f. The commissioner shall appropriately recognize stroke centers that have attained a level of stroke care distinction recognized by the Joint Commission, the American Heart Association, DNV GL, or another nationally-recognized, guidelines-based organization that provides such distinctions and is approved by the commissioner. Stroke centers that have attained a distinction that shall be recognized pursuant to this subsection may include, but shall not be not limited to, centers that offer mechanical endovascular therapies.

g. The commissioner may suspend or revoke a hospital's designation as a stroke center or acute stroke ready hospital, after notice and hearing, if the commissioner determines that the hospital is not in compliance with the requirements of this act.

h. The commissioner shall encourage primary, thrombectomy-capable, and comprehensive stroke centers to coordinate, by written agreement, with acute stroke ready hospitals throughout the State to provide appropriate access to care for acute stroke patients. Agreements made pursuant to this subsection shall include: (1) transfer agreements for the transport to and acceptance of stroke patients by stroke centers for the provision of stroke treatment therapies an acute stroke ready hospital is unable to provide; and (2) any communication criteria and protocols as shall be necessary to effectuate the agreement.

i. Each hospital that is not a designated comprehensive stroke center shall, no later than 180 days after the effective date of P.L.2019, c.476 (C.26:2H-12.28a et al.), enter into an agreement with at least one State-designated comprehensive stroke center, which agreement shall, at a minimum:

(1) include protocols for engaging in prompt telephonic or video consultation to assess and make treatment recommendations for suspected stroke patients;

(2) provide, where most clinically appropriate, consistent with patient safety and patient consent, for the effective and efficient transfer of patients needing the services of the comprehensive stroke center, particularly in time-sensitive cases including, but not limited to, large vessel occlusion; and

(3) include a provision to access educational resources available from the comprehensive stroke center to expand the knowledge base of providers at the acute care general hospital.

The agreement shall be filed with the Department of Health within 30 days.

j. The Commissioner of Health shall prepare, maintain, and make available on the Department of Health website a list of facilities designated as primary stroke centers, thrombectomy-capable stroke centers, comprehensive stroke centers, and acute stroke ready hospitals. A current copy of the list shall be transmitted to each emergency medical services provider, as defined in subsection e. of section 3 of P.L.2019, c.476 (C.27:5F-27.1), no later than June 1 of each year.

k. (1) Primary, thrombectomy-capable, and comprehensive stroke centers and acute stroke ready hospitals shall, on a quarterly basis, submit to the department data concerning stroke care that are deemed appropriate by the Department of Health, and that, at a minimum, align with the stroke consensus measures jointly supported by the Joint Commission, the United States Centers for Disease Control and Prevention's Paul Coverdell National Acute Stroke Registry, American Heart Association, and the American Stroke Association.

(2) Data submitted pursuant to paragraph (1) of this subsection shall be compiled by the department into a Statewide stroke database, which shall be made available on the department website.

(3) Data submitted pursuant to paragraph (1) of this subsection shall not contain or be construed to require disclosure of confidential or personal identifying information.

L.2004, c.136, s.2; amended 2012, c.17, s.193; 2019, c.476, s.1.

This section added to the Rutgers Database: 2020-03-25 15:54:46.

Older versions of 26:2h-12.28 (if available):

Court decisions that cite this statute: CLICK HERE.