A3434: Creates "New Jersey Dialysis Patient Support Person Accommodation Act."

[First Reprint] ASSEMBLY, No. 3434 STATE OF NEW JERSEY 222nd LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION Sponsored by: Assemblywoman HEATHER SIMMONS District 3 (Cumberland, Gloucester and Salem) Assemblywoman MELINDA KANE District 6 (Burlington and Camden) SYNOPSIS Creates "New Jersey Dialysis Patient Support Person Accommodation Act." CURRENT VERSION OF TEXT As amended by the General Assembly on June 11, 2026. An Act concerning patient support person in dialysis centers and supplementing Title 26 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. This act shall be known and may be cited as the "New Jersey Dialysis Patient Support Person Accommodation Act." 2. a. A dialysis center licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall permit a patient receiving dialysis treatment to be accompanied by a designated support person. b. The designated support person may assist the patient with communication, mobility, and decision-making, as necessary to facilitate the patient's care and treatment. 1 c. As used in this act, "support person" means a person who is 18 years of age or older whom a patient selects to accompany the patient in areas of the dialysis center where communication among dialysis center staff, professionals, and patients would normally take place. ( 1) A support person may or may not be the patient's next of kin, guardian, or legally authorized decision-maker through an advance directive, as authorized by law. ( 2) A support person shall not be authorized to make decisions on behalf of a patient, unless that person is the patient's next of kin, guardian, legally authorized decision-maker, or health care representative in accordance with an advance directive pursuant to the "New Jersey Advance Directives for Health Care Act," P.L.1991, c.201 (C.26:2H-53 et al.), or the "New Jersey Advance Directives for Mental Health Care Act," P.L.2005, c.233 (C.26:2H-102 et al.). ( 3) A dialysis center shall disclose a patient's protected health information to a support person only after the patient or the patient's legally authorized decision-maker or health care representative provides written consent for the intended disclosure. ( 4) A patient may name more than one support person but shall designate only one such person as the primary support person. 1 3. a. A dialysis center may establish and implement reasonable health, safety, and infection control 1 [ measures ] policies and procedures 1 governing the presence of support persons, provided that such 1 [ measures ] policies and procedures 1 do not unnecessarily restrict or deny access to a support person as permitted under section 2 of this act. b. Each dialysis center shall develop and maintain written policies concerning support person access. 1 [ The ] A summary of the 1 policies shall be: (1) posted in a visible location within the facility; and (2) made available to patients, families, and members of the public upon request. c. All pertinent dialysis center staff shall receive training on the requirements of this act and the facility's policies concerning support person access. 4. a. The Department of Health shall oversee compliance with the provisions of this act and shall investigate complaints alleging a violation. b. A patient who is denied access to a designated support person may file a complaint with the Department of Health. c. A dialysis center that fails to comply with the provisions of this act shall be subject to penalties, fines, or corrective action orders, as determined by the Department of Health. 5. This act shall take effect immediately.