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AB

Bill

A 2259

Authorizes hospital patient with developmental disabilities to have designated family member, guardian, direct support professional, or other caregiver accompany patient throughout hospital stay.

2026-2027 Regular Session Introduced by Al Barlas and 6 co-sponsors

Allows a designated caregiver (family, guardian, DSP, or other) to accompany a hospitalized adult with a developmental disability throughout the stay, with safety and privacy safeg

Received in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee
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WeVote Research Nonpartisan
Bill Summary · A 2259

Summary of Bill A 2259 (Session 222, New Jersey)

Purpose and Intent

  • Authorizes hospital patients with developmental disabilities to be accompanied throughout their hospital stay by a designated caregiver. The designation can be a family member, guardian, direct support professional (DSP), or other caregiver.
  • The bill aims to improve patient support, advocacy, and individualized care during hospitalization while preserving patient safety and privacy.

Key Provisions

Definitions (Section 1a)

  • Clarifies terms:
    • Caregiver: per existing law (P.L.2010, c.5).
    • Developmental disability: per existing law (P.L.1977, c.82).
    • Direct Support Professional (DSP): a non-medical daily assistant aiding community integration, communication, decision-making, daily living, health and safety, and overall self-directed life.
    • Guardian: court-appointed decision-maker for a person with developmental disability (excluding guardian ad litem).
    • Hospital: general hospital licensed by the Department of Health.

Patient Right to Designated Accompaniment (Section 1b)

  • In addition to existing patient rights, an individual with a developmental disability admitted to a hospital has the right to be accompanied by a designated caregiver (family member, guardian, DSP, or other caregiver) for the entire hospital stay.
  • Presence is subject to hospital policies that ensure patient safety, privacy, infection control, and clinical care.
  • Exception: not allowed if the patient is undergoing a surgical procedure where the designated person would be endangered by being in the operating room.

Designation Authority and Scope (Section 1c–d, g)

  • A designation does not confer decision-making authority, unless the designated person is already authorized under law as a guardian, health care representative, or other decision-maker.
  • Hospitals may temporarily limit or revoke the presence of the designated person to protect health/safety, protect patient privacy, comply with infection control or public health requirements, or ensure safe clinical care.
  • A patient may designate one caregiver at a time.
  • The designation must be recorded in the hospital’s medical record and patient visitor documentation.
  • The act does not require entry into behavioral health treatment units or other secure areas where privacy, safety, or security protocols would be violated.

Immediate Admission Designation Process (Section 2, proposed to be Section 1 in the bill text)

  • Upon admission, hospitals must offer the patient or their parent/guardian the opportunity to designate a caregiver to accompany them during the stay.
  • If the patient is unconscious or incapacitated, the parent/guardian (if appropriate) or, for adults, the patient once capable, may make the designation. For minors with divorced parents, the custodial parent may designate.
  • Hospitals must document the designation or a declined designation in the patient’s medical record.

Ongoing Designation Operations (Section 2)

  • Hospitals must promptly update the patient’s medical record with the designated caregiver’s information or note a decline.

Change of Designation (Section 2)

  • The patient or parent/guardian may change the designation at any time with at least one hour’s notice to the hospital.
  • Hospitals must promptly update the designation in the medical record.

Implementation and Effect (Sections 3–4)

  • The Department of Health, after consulting with the Department of Human Services, will adopt regulations to implement the act.
  • Effective date: The bill provides for an effective date 365 days after enactment.

Who and What Is Affected

  • Affects hospitalized patients with developmental disabilities in New Jersey.
  • Enables designated accompaniment by a family member, guardian, DSP, or other caregiver, with hospital policies governing safety and privacy.
  • Hospitals, patients, families, guardians, and DSPs are the primary stakeholders.
  • Does not change existing guardianship or decision-making authority unless the designated person already has such authority under law.

Procedural and Timeline Aspects

  • Legislative history: Introduced 2026-01-13; Assembly passed 73-0-0 on 2026-03-23; transmitted to Senate 2026-05-04 for referral to Health, Human Services and Senior Citizens Committee.
  • regulatory framework: Department of Health to issue rules in consultation with the Department of Human Services under the Administrative Procedure Act.
  • Effective date: 365 days after enactment, allowing time for hospitals to implement processes.

Notes for Readers

  • The bill emphasizes patient safety, privacy, and clinical care while expanding supportive presence during hospitalization.
  • It carefully limits the designation’s authority to decision-making unless the designated person already has statutory decision-making powers.
  • It includes a mechanism for timely updates to medical records and allows for temporary restrictions to protect clinical operations or safety.

Compiled from official sources — confirm details with the bill’s official record.

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