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Bill

S 3691

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 Kristin Corrado and 2 co-sponsors

Hospitals must let a designated caregiver accompany hospitalized patients with developmental disabilities through the stay, recording and updating the designation in the medical re

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee
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Bill Summary · S 3691

Summary of Bill S 3691 (New Jersey, 222nd Session)

Purpose and intent

S 3691 seeks to strengthen the rights of hospital patients with developmental disabilities by allowing them to be accompanied throughout their hospital stay by a designated caregiver. The designation can be a family member, guardian, direct support professional (DSP), or another caregiver, subject to limited exceptions. The bill aims to improve person-centered care, advocacy, and overall well-being for patients with developmental disabilities during hospitalization.

Key provisions

  • Definition basis: The bill defines terms used for the designation, including “caregiver,” “developmental disability,” “direct support professional (DSP),” “guardian,” and “hospital.” These terms align with existing statutes and definitions in New Jersey law.

  • Right to accompaniment (Section 1a–1b):

    • A hospitalized patient with a developmental disability has the right to be personally accompanied by a designated caregiver for the duration of the stay.
    • The designated person can be a family member, guardian, DSP, or other caregiver.
    • This right is in addition to existing hospital rights and procedures.

  • Designation process at admission (Section 2a–2b):

    • Hospitals must promptly offer the opportunity to designate a caregiver upon admission.
    • If the patient is unconscious or incapacitated, the patient’s parent or guardian (as appropriate) may designate. If the adult patient lacks a guardian, designation is to be made as soon as practicable after regaining capacity.
    • For minor patients with divorced parents, the custodial parent has authority to make the designation.

  • Documentation and access (Section 2c):

    • Hospitals must promptly record in the patient’s medical record the designated caregiver’s name or a note that designation was declined.
    • The designated caregiver is permitted to accompany the patient throughout the stay, barring any exceptions under the bill.

  • Designation limitations (Section 2d):

    • The designation does not obligate the caregiver to provide direct medical or personal care services during the hospital stay or after discharge.

  • Designation changes (Section 2e):

    • The patient or parent/guardian can change the designation at any time.
    • Change requires at least one hour’s notice to the hospital, which must promptly update the medical record.

  • No compulsion to designate (Section 2f):

    • The bill does not force a patient or family to designate a caregiver.

  • Implementation (Section 3):

    • The Department of Health, in consultation with the Department of Human Services, will adopt necessary rules and regulations to implement the act.

  • Effective date (Section 4):

    • The act would take effect immediately upon enactment.

Who is affected

  • Hospital patients in New Jersey with developmental disabilities.
  • Hospitals and their admission/ar admission procedures.
  • Families, guardians, DSPs, and other potential caregivers who may accompany patients.
  • State health and human services agencies responsible for implementing accompanying rules.

Procedural timeline

  • Introduced in the Senate on February 24, 2026.
  • Referred to the Senate Health, Human Services and Senior Citizens Committee for consideration.

Impact overview

  • Enhances patient advocacy and support during hospitalization for individuals with developmental disabilities.
  • Clarifies designation rights at admission and requires documentation in medical records.
  • Balances patient rights with practical considerations by allowing exceptions during surgical procedures and by clarifying that designation is not a legal obligation to provide care.
  • Requires regulatory rules for implementation, ensuring consistent application across hospitals.

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

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