New Jersey Senate Bill S2178

New Jersey 2022-2023 Regular Session

• Introduced: 3/7/22
• Refer: 3/7/22

Caption

Establishes process for independent informal dispute resolution hearings in DOH.

Impact

The implementation of SB S2178 is expected to enhance the rights of healthcare facilities to challenge inspection findings effectively. By allowing facilities to address deficiencies in an informal setting, the bill aims to create a less adversarial and more collaborative approach to compliance and regulation within the healthcare system. However, this process is not meant to replace formal contested cases under the Administrative Procedure Act, meaning that facilities maintain the right to pursue more formalized legal avenues should the informal process fail to resolve their issues.

Summary

Senate Bill S2178, introduced in New Jersey, establishes a framework for informal dispute resolution hearings regarding deficiencies cited during inspections of health facilities including nursing homes, assisted living residences, and dementia care homes. The bill mandates the Department of Health to create a process whereby these facilities can request an informal hearing to dispute deficiencies as noted in inspection reports. A critical component of the bill is the utilization of an independent third-party panel made up of knowledgeable individuals with no professional ties to either the facilities or the Department, ensuring impartiality in resolving disputes.

Contention

While the bill is designed to provide a fair hearing for facilities regarding disputed deficiencies, there are potential points of contention regarding the independence and effectiveness of the third-party panel. Concerns may arise over the qualifications and selection process for panel members, as well as the capacity of these panels to influence the Department of Health's final determinations. Furthermore, some stakeholders might argue about the adequacy of this informal resolution process compared to formal administrative hearings, questioning whether it sufficiently protects the interests of residents and patients in these facilities.