Senate, No. 2302 state of new jersey 212th legislature

INTRODUCED NOVEMBER 13, 2006

Sponsored by:

Senator ELLEN KARCHER

District 12 (Mercer and Monmouth)

SYNOPSIS

Permits hospital service cooperatives to operate mobile intensive care units that may transport patients to hospitals under certain conditions.

CURRENT VERSION OF TEXT

As introduced.

1. As used in this act:

a. "Advanced life support" means an advanced level of pre-hospital, inter-hospital, and emergency service care which includes basic life support functions, cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of anti-arrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive ventilation devices, trauma care and other techniques and procedures authorized in writing by the commissioner;

b. "Board of Medical Examiners" means the State Board of Medical Examiners;

c. "Board of Nursing" means the New Jersey Board of Nursing;

d. "Commissioner" means the Commissioner of [the State Department of] Health and Senior Services;

e. "Department" means the [State] Department of Health and Senior Services;

f. "Emergency service" means a program in a hospital staffed 24 hours a day by a licensed physician trained in emergency medicine;

g. "Inter-hospital care" means those emergency medical services rendered by mobile intensive care units to emergency patients before and during transportation between emergency treatment facilities, and upon arrival within those facilities;

h. "Mobile intensive care paramedic" means a person trained in advanced life support services and certified by the commissioner to render advanced life support services as part of a mobile intensive care unit;

i. "Mobile intensive care unit" means a specialized emergency medical service vehicle staffed by mobile intensive care paramedics or registered professional nurses trained in advanced life support nursing and operated for the provision of advanced life support services under the direction of an authorized hospital;

j. "Pre-hospital care" means those emergency medical services rendered by mobile intensive care units to emergency patients before and during transportation to emergency treatment facilities, and upon arrival within those facilities[.];

(cf: P.L.1984, c.146, s.1)

6. a. Only a hospital or a hospital service cooperative, which in either case is authorized by the commissioner, with an accredited emergency service may develop and maintain a mobile intensive care unit, and provide advanced life support services utilizing licensed physicians, registered professional nurses trained in advanced life support nursing, and mobile intensive care paramedics.

b. A hospital or a hospital service cooperative, which in either case is authorized by the commissioner pursuant to subsection a. of this section, shall provide mobile intensive care unit services on a seven-day-a-week basis.

c. The commissioner shall establish, in writing, criteria which a hospital or a hospital service cooperative shall meet in order to qualify for the authorization.

d. The commissioner may withdraw his authorization if the hospital, hospital service cooperative, or unit violates any provision of this act or rules or regulations promulgated pursuant thereto.

e. A mobile intensive care unit operated by a hospital or a hospital service cooperative, which in either case is authorized by the commissioner, to provide advanced life support services may transport a patient needing advanced life support services to a hospital:

(1) if the vehicle utilized to transport the patient is licensed by the commissioner as an ambulance;

(2) if the patient is, or appears to be, covered by the federal Medicare program established pursuant to Title XVIII of the "Social Security Act," Pub.L. 89-97 (42 U.S.C. s.1395 et seq.); and

(3) the basic life support provider with which the mobile intensive care unit interfaces bills for its services.

f. A basic life support provider that responds to a patient in need of advanced life support services shall:

(1) call the mobile intensive care unit authorized by the commissioner to provide advanced life support services in that area, in order to arrange for an interface with the mobile intensive care unit; and

(2) permit the mobile intensive care unit to transport the patient if the patient needs transportation to a hospital and the mobile intensive care unit utilizes a licensed ambulance to transport the patient.

(cf: P.L.1985, c.351, s.2)

8. No mobile intensive care paramedic, licensed physician, hospital or its board of trustees, officers and members of the medical staff, nurses or other employees of the hospital, hospital service cooperative or its board of trustees, officers and member hospitals, first aid, ambulance or rescue squad, or officers and members of a rescue squad, shall be liable for any civil damages as the result of an act or the omission of an act committed while in training for or in the rendering of advanced life support services in good faith and in accordance with this act.

(cf: P.L.1984, c.146, s.8)
4. The Commissioner of Health and Senior Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
5. This act shall take effect on the 180th day from the date of enactment, but the Commissioner of Health and Senior Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

The bill provides specifically as follows:

• 
  A hospital service cooperative authorized by the Commissioner of Health and Senior Services with an accredited emergency service may develop and maintain a MICU, and provide advanced life support services utilizing licensed physicians, registered professional nurses trained in advanced life support nursing, and mobile intensive care paramedics.
  
• 
  The bill defines “hospital service cooperative” to mean a cooperative organization of hospitals that is a nonprofit corporation exempt from federal taxation under section 501(c)(3) of the federal Internal Revenue Code, or provides certain services to its member hospitals as a tax-exempt entity under section 501(e) of the federal Internal Revenue Code.
  
• 
  A MICU operated by a hospital service cooperative, as authorized by the commissioner, to provide advanced life support services may transport a patient needing advanced life support services to a hospital:
  

-- if the patient is, or appears to be, covered by the federal Medicare program; and

-- the basic life support provider with which the mobile intensive care unit interfaces bills for its services.

• 
  A basic life support provider that responds to a patient in need of advanced life support services is required to:
  

-- permit the MICU to transport the patient if the patient needs transportation to a hospital and the MICU utilizes a licensed ambulance to transport the patient.

• 
  The bill takes effect on the 180th day after enactment, but authorizes the Commissioner of Health and Senior Services to take anticipatory administrative action in advance as necessary for its implementation.
  
• 
  A hospital service cooperative or its board of trustees, officers and member hospitals will not be liable for any civil damages as the result of an act or the omission of an act committed while in training for or in the rendering of advanced life support services in good faith and in accordance with the provisions of P.L.1984, c.146.