New Jersey § 26:2h-7

§ 26:2h-7.

a. The determination of whether a hospital subacute care unit or a skilled nursing

or comprehensive rehabilitation hospital or other type of facility is the preferred

non-acute care placement for a patient shall be based on clinical considerations and

the preference of the patient and his family; except that, as a condition of licensure

of a hospital subacute care unit, clinically stable patients who are being treated

in the diagnostic categories listed in paragraph (1) of this subsection and who meet

the criteria for inpatient rehabilitation hospital care listed in paragraph (2) of

this subsection, except as may be recommended by the comprehensive rehabilitation

hospital or acute care hospital that has licensed comprehensive rehabilitation beds

pursuant to subsection b. of this section, shall not be placed in a hospital subacute

care unit. (1) Diagnostic categories include patients with: strokes, congenital anomalies, major

multiple trauma, polyarthritis including rheumatoid arthritis, neurological disorders

including multiple sclerosis, motor neuron diseases, polyneuropathy, muscular dystrophy

and Parkinson's disease, brain injury including traumatic or non-traumatic, spinal

cord injury, amputations, joint replacements, fracture of the femur including hip

fracture and burns. (2) Criteria for inpatient rehabilitation hospital care include patients who meet

or require all of the following: (a) close medical supervision by a physician with specialized training or experience

in rehabilitation; (b) 24-hour rehabilitation nursing; (c) a relatively intense level of rehabilitation services; (d) a multi-disciplinary team approach to the delivery of the program; (e) a coordinated program of care; (f) significant practical improvement is expected in a reasonable period of time;

and (g) realistic goals of self-care or independence in activities of daily living. b. An acute care hospital shall forward information on clinically stable patients

to a licensed comprehensive rehabilitation hospital or an acute care hospital that

has licensed comprehensive rehabilitation beds. The licensed comprehensive rehabilitation hospital or the acute care hospital that

has licensed comprehensive rehabilitation beds shall then make a recommendation, signed

by a physician with specialized training or experience in rehabilitation, regarding

placement within 24-hours of receipt of the information from the acute care hospital

and which, together with the concurring or alternate recommendation from a case manager

at the acute care hospital, shall be forwarded to the patient's attending physician. c. A patient in a skilled nursing home who is admitted to and discharged from an acute

care hospital shall not be admitted to the hospital's subacute care unit unless the

skilled nursing home is unable to readmit the patient within 24 hours after notification

by the acute care hospital that the patient is ready for readmission to the skilled

nursing home. If a patient is admitted to the hospital's subacute care unit because that patient

could not be readmitted to the skilled nursing home, the patient shall be discharged

to the skilled nursing facility of origin as soon as the home agrees to accept the

patient. d. In addition to the reports required in section 5 of P.L.1996, c. 102 ( C. 26:2H-7.8 ), an acute care hospital with a subacute care unit shall file an annual report with

the Department of Health demonstrating compliance with the provisions of this section. The report shall include information on the number of patients who were admitted

to the hospital's subacute care unit when the admission was contrary to the recommendation

of a physician with specialized training or experience in rehabilitation, provided

however, that the recommendation of the physician was for immediate placement of the

patient, that is, within 24-hours, in a licensed comprehensive rehabilitation hospital

or an acute care hospital that has licensed comprehensive rehabilitation beds. The report also shall include information on the number of patients admitted to

the hospital's subacute care unit pursuant to subsection c. of this section because

the patient could not be readmitted to a skilled nursing home. e. The commissioner shall develop a procedure to assess an acute care hospital with

a hospital subacute care unit's compliance with the provisions of this section and

section 3 of this act. f. Failure to comply with the provisions of this section or section 3 of this act

may result in the suspension or revocation of a hospital subacute care license. g. If an acute care hospital which has a subacute care unit plans to transfer a patient

from the hospital to the subacute care unit, the hospital shall discharge the patient

from the hospital and admit the patient to the subacute care unit. Each admission to a subacute care unit shall be subject to a $35 health care quality

fee to be paid to the Department of Health, the revenues from which shall be deposited

in a dedicated fund to be established by the commissioner, and designated as the “Health

Care Quality Monitoring Fund.”