STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Senator JOSEPH PENNACCHIO
District 26 (Essex, Morris and Passaic)
Senator ANTHONY M. BUCCO
District 25 (Morris and Somerset)
Co-Sponsored by:
Senators Singer and O'Scanlon
SYNOPSIS
Sally s Law establishes testing and visitation requirements and employment restrictions for long-term care facilities in response to outbreaks of infectious disease.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning infectious disease control and prevention in long-term care facilities and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
Infectious disease means a disease caused by a living organism or other pathogen, including a fungus, bacteria, parasite, protozoan, virus, or prion. An infectious disease may, or may not, be transmissible from person to person, animal to person, or insect to person.
Long-term care facility means a nursing home, assisted living residence, comprehensive personal care home, residential health care facility, or dementia care home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
Rapid-result test means a test for active infection with an infectious disease, the results of which are, to the extent possible, available within 24 hours after the test is administered.
2. During an outbreak, epidemic, or pandemic of an infectious disease affecting or likely to affect one or more long-term care facilities:
a. All staff employed by or providing services at an affected long-term care facility shall be tested for active infection with the infectious disease at least once per week and immediately upon showing any signs or symptoms of having contracted the infectious disease.
b. No later than seven days after the date a state of emergency or public health emergency, if any, is declared in response to the outbreak, epidemic, or pandemic of the infectious disease or as soon as rapid-result testing for the infectious disease becomes available, all long-term care facilities in the State shall have access to rapid-result testing for the infectious disease, as follows:
(1) For long-term care facilities with more than 100 authorized resident beds, the facility shall have sufficient on-site rapid response testing resources available to make the test available to all staff, residents, and first-time visitors at the facility. The facility may seek reimbursement for the cost of administering and processing the test from a staff member s or resident s health benefits plan; provided that in no case shall the facility charge a staff member or resident for any portion of the cost of a rapid-result test that is not covered by a health benefits plan, if the test was conducted pursuant to subsection a. of this section. For any test not conducted pursuant to subsection a. of this section, the facility may seek reimbursement from the staff member or resident in an amount equal to the actual cost to the facility of administering and processing the test; and
(2) For long-term care facilities with 100 or fewer authorized resident beds, subject to the provisions of subsection c. of this section, the facility shall have access to rapid-result testing for the infectious disease for staff, residents, and first-time visitors at the facility through the county board of health for the county in which the facility is located.
c. (1) No later than seven days after the date a state of emergency or public health emergency, if any, is declared in response to the outbreak, epidemic, or pandemic of the infectious disease or as soon as rapid-result testing for the infectious disease becomes available, each county board of health shall obtain and make available to staff, residents, and first-time visitors at long-term care facilities located in the county that have 100 or fewer authorized beds, as well as to members of the public residing in that county, a rapid-result test for the infectious disease.
(2) In situations where the current or anticipated demand for rapid-result test resources through the county board of health exceeds the county board of health s current supply of test resources, the county board of health shall prioritize tests as follows:
(a) tests shall first be made available to staff and residents of long-term care facilities with fewer than 100 beds when the staff member or resident currently exhibit signs or symptoms of the infectious disease or was recently exposed to the infectious disease;
(b) if the county board of health can satisfy current and anticipated demand for rapid-result tests under subparagraph (a) of this paragraph from available testing resources, the county board of health may make rapid-result tests available to staff members of long-term care facilities with 100 or fewer authorized beds for the purposes of performing weekly tests for the infectious disease as provided in subsection a. of this section, as well as for performing other medically-indicated tests for the infectious disease among staff members of long-term care facilities; and
(c) if the county board of health can satisfy current and anticipated demand for rapid-result tests under both subparagraphs (a) and (b) of this paragraph from available testing resources, the county board of health may make rapid-result tests available on a first-come, first served basis to first-time visitors to a long-term care facility with 100 or fewer authorized beds that is located in the county, as well as to any resident of the county.
(3) County boards of health may charge a reasonable fee for the administration of a rapid-result test administered to any person, which fee shall not exceed the reasonable cost to the county board of health of administering and processing the test. In the case of tests provided to staff and residents of long-term care facilities with 100 or fewer authorized beds, the county board of health shall seek reimbursement from the facility, and shall be prohibited from charging any fee for the test to the staff member or resident. The facility may seek reimbursement for the cost of the test from a staff member s or resident s health benefits plan; provided that in no case shall the facility charge a staff member or resident for any portion of the cost of a rapid-result test that is not covered by a health benefits plan, if the test was conducted pursuant to subsection a. of this section. For any test not conducted pursuant to subsection a. of this section, the facility may seek reimbursement from the staff member or resident in an amount equal to the actual cost of the test to the facility.