New Jersey Senate Bill S1036

New Jersey 2022-2023 Regular Session

• Introduced: 1/31/22
• Refer: 1/31/22

Caption

Requires hospitals to provide certain resources to certain patients and to ask patients if patients have completed advance directive or practitioner orders for life-sustaining treatment form.

Impact

The legislation will amend existing laws, particularly P.L.2019, c.420, establishing training requirements for healthcare personnel on advance care planning, and ending the cycle of neglect concerning discussions around end-of-life wishes. This creates a requirement for hospitals to not only inquire about patients' advance directives but also to provide educational resources about such directives and POLST forms. This enhancement is expected to result in better-aligned care with patients' preferences and a more supportive environment for families facing these decisions.

Summary

Senate Bill S1036, introduced to the New Jersey Legislature on January 31, 2022, focuses on enhancing end-of-life care planning in hospitals and other licensed healthcare facilities. The bill mandates that these facilities provide resources about advance directives and physician orders for life-sustaining treatment (POLST) to patients and inquire about existing directives upon patient discharge. The intent is to ensure that patients are aware of their options and can make informed decisions about their end-of-life care in accordance with their wishes.

Contention

A notable point of contention may arise around the balance between administrative burdens on healthcare facilities and the necessity for comprehensive patient communication. While the intent of S1036 is to facilitate better patient engagement regarding advanced care planning, there could be resistance from some healthcare providers who may view the mandatory inquiries as an additional burden and potential legal complication. The bill also allows for penalties to be imposed on non-compliant facilities, a provision that might elicit pushback from various stakeholders concerned with regulatory overreach.