N.J. Admin. Code § 8:43E-10.11

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:43E-10.11 - Other reporting requirements unrelated to the Patient Safety Act

(a) A health care facility shall immediately report to the appropriate police authorities all criminal acts or potentially criminal acts that occur within a facility and pose a danger to the life or safety of patients or residents, employees, medical staff or members of the public present in the facility.

1. "Acts occurring within a facility" means, in the case of a home-based service, that is, services provided by home health care facilities, hospice facilities, assisted living residences, comprehensive personal care homes, and assisted living programs, acts related to events within the control of the facility or directly caused by or related to services of the facility.

(b) A facility licensed in accordance with 26:2H-1 et seq. shall notify the Department immediately of the types of reportable events described in (c) and (d) below.

1. The Department anticipates the development of an Internet web-based electronic reporting system but shall, in the interim, require facilities to submit the notice required pursuant to (a) above by means of telephone, facsimile, or e-mail, or a combination thereof.

i. The Department shall provide notice to facilities on the reporting medium to be used, including telephone and facsimile numbers, e-mail addresses and/or web addresses.

2. In the case of acute care facilities, "immediately" means no later than three hours after discovery of the event.

3. In the case of long-term care facilities, "immediately" means telephonic notification to the Department at (609) 392-2020 followed by written notification within 72 hours.

(c) Examples of reportable events in the nature of physical plant and operational interruptions, include, but are not limited to, the following:

1. Loss of heat or air conditioning;

2. Loss or significant reduction of water, electrical power, or any other essential utilities necessary to the operation of the facility;

3. Fires, disasters, or accidents that result in injury or death of patients, residents or employees, or in evacuation of patients or residents from all or part of the facility;

4. A labor stoppage or staffing shortage sufficient to require the temporary closure of a service; and

5. Notices of a potential strike that a facility receives from an employee bargaining unit.

i. The report shall be accompanied by the facility's plan to continue service operations in the event the strike occurs.

ii. Such a plan shall be considered proprietary, emergency and/or security information within the meaning of 47:1A-1.1 and therefore shall not be considered a "government record" subject to public access or inspection within the meaning of 47:1A-1 et seq.

iii. In the event the strike is either averted or settled, the Department shall destroy all copies it has received of the facility's strike plan.

(d) Examples of reportable events in the nature of potentially criminal acts include, but are not limited to, the following:

1. Any instance of care ordered by or provided by someone impersonating a physician, nurse, pharmacist, or other licensed health care provider;

2. Abduction of a patient or resident of any age;

3. Sexual assault on a patient or resident, staff member, or visitor within or on the grounds of a facility; and

4. Death or significant injury of a patient or resident, staff member, or visitor resulting from a physical assault that occurs within or on the grounds of the facility.

(e) A health care facility shall report incidents of infectious and communicable diseases to the Department pursuant to N.J.A.C. 8:57.

N.J. Admin. Code § 8:43E-10.11