Review of the Major Municipal Court Cases 2015-2016

March 2, 2016 at 12 noon, followed by monthly meeting of

Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA

At South Amboy Fire Dept.- Enterprise Truck 8

107 George St, South Amboy, New Jersey 08879

This is an opportunity for both Retired and active Police and Fire to meet members of Local 9 and receive a quick update in cases affecting law enforcement. Retired and active Police can also discuss issues regarding COLA and the pending legal battles in Trenton.

       For information or membership in Local 9, contact President Mike Burns mcbkc@aol.com  732-721-7474 Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA. This pre-business meeting is not limited to just Middlesex & Monmouth. Any interested active and retired law enforcement can attend the update on Municipal Court.  Please share

Speaker: KENNETH VERCAMMEN, Esq. of Edison

                  Contributing writer for the NJ Police Chief Magazine

Editor: NJ Municipal Court Law Review       www.njlaws.com/mun.html

 Past President Middlesex Municipal Court Prosecutors Assoc

Some of the featured cases will include:

- Warrantless auto search permitted on probable cause gives police greater power State v. Witt overrules Pena Flores

-Accident with unconscious driver was exigency for police to take blood. State v. Jones

-Police have pc if odor of pot State v Myers  

- No DWI dismissal even if form not given to DWI suspects S v Sorensen    

- Driver is not subject to criminal driving while suspended if DWI suspension period expired prior to driving, still subject to traffic dws State v Perry  [handled by Ken V]

New Jersey Retired Police & Firemen's Association, Inc. http://Www.njrpfa.org/

26:2H-5.31 Discharge, transfer of patient unaffected.

26:2H-5.31  Discharge, transfer of patient unaffected.
8.Nothing in this act shall delay the discharge of a patient, or the transfer of a patient from a hospital to another facility. 

L.2014, c.68, s.8.
 26:2H-5.32  Rules, regulations. 
9.The Department of Health, 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 including, but not limited to, regulations to further define the content and scope of any instructions provided to caregivers.

26:2H-5.30 Construction of act relative to private right of action against hospital.

26:2H-5.30  Construction of act relative to private right of action against hospital.
7. a.  Nothing in this act shall be construed to create a private right of action against a hospital, a hospital employee, or any consultants or contractors with whom a hospital has a contractual relationship.

b.A hospital, a hospital employee, or any consultants or contractors with whom a hospital has a contractual relationship shall not be held liable, in any way, for the services rendered or not rendered by the caregiver to the patient at the patient's residence.

c.Nothing in this act shall be construed to obviate the obligation of an insurance company, health service corporation, hospital service corporation, medical service corporation, health maintenance organization, or any other entity issuing health benefits plans to provide coverage required under a health benefits plan. 

d. (1)  A caregiver shall not be reimbursed by any government or commercial payer for after-care assistance that is provided pursuant to this act.

(2)Nothing in this act shall be construed to impact, impede, or otherwise disrupt or reduce the reimbursement obligations of an insurance company, health service corporation, hospital service corporation, medical service corporation, health maintenance organization, or any other entity issuing health benefits plans.

26:2H-5.29 Construction of act relative to advanced care directive.

26:2H-5.29  Construction of act relative to advanced care directive.
6. a.  Nothing in this act shall be construed to interfere with the rights of an agent operating under a valid advance directive pursuant to the provisions of the "New Jersey Advance Directives for Health Care Act," P.L.1991, c.201 (C.26:2H-53 et al.), the "New Jersey Advance Directives for Mental Health Care Act," P.L.2005, c.233 (C.26:2H-102 et al.), or the "Physician Orders for Life-Sustaining Treatment Act," P.L.2011, c.145 (C.26:2H-129 et al.).

b. A patient may designate a caregiver in an advance directive.

26:2H-5.28 Hospital to consult with designated caregiver.

26:2H-5.28  Hospital to consult with designated caregiver. 
5. a. As soon as possible prior to a patient's discharge from a hospital to the patient's residence, the hospital shall consult with the designated caregiver and issue a discharge plan that describes a patient's after-care assistance needs, if any, at the patient's residence.  The consultation and issuance of a discharge plan shall occur on a schedule that takes into consideration the severity of the patient's condition, the setting in which care is to be delivered, and the urgency of the need for caregiver services.  In the event the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient.  The hospital shall promptly document the attempt in the patient's medical record.  At a minimum, the discharge plan shall include:

(1)The name and contact information of the caregiver designated under this act;

(2)A description of all after-care assistance tasks necessary to maintain the patient's ability to reside at home; and

(3)Contact information for any health care, community resources, and long-term services and supports necessary to successfully carry out the patient's discharge plan, and contact information for a hospital employee who can respond to questions about the discharge plan after the instruction provided pursuant to subsection b. of this section.

b.The hospital issuing the discharge plan must provide caregivers with instructions in all after-care assistance tasks described in the discharge plan.  Training and instructions for caregivers may be conducted in person or through video technology, at the discretion of the caregiver.  Any training or instructions provided to a caregiver shall be provided in non-technical language, to the extent possible.  At a minimum, this instruction shall include:

(1)A live or recorded demonstration of the tasks performed by an individual designated by the hospital, who is authorized to perform the after-care assistance task, and is able to perform the demonstration in a culturally-competent manner and in accordance with the hospital's requirements to provide language access services under State and federal law;

(2)An opportunity for the caregiver to ask questions about the after-care assistance tasks; and

(3)Answers to the caregiver's questions provided in a culturally-competent manner and in accordance with the hospital's requirements to provide language access services under State and federal law.

c.Any instruction required under this act shall be documented in the patient's medical record, including, at a minimum, the date, time, and contents of the instruction.

26:2H-5.27 Notification to designated caregiver of discharge, transfer.

26:2H-5.27  Notification to designated caregiver of discharge, transfer.
4.A hospital shall notify the patient's designated caregiver of the patient's discharge or transfer to another facility as soon as possible and, in any event, upon issuance of a discharge order by the patient's attending physician.  In the event the hospital is unable to contact the designated caregiver, the lack of contact shall not interfere with, delay, or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient.  The hospital shall promptly document the attempt in the patient's medical record.

26:2H-5.26 Designation of caregiver.

26:2H-5.26  Designation of caregiver.
3. a. A hospital shall provide each patient or, if applicable, the patient's legal guardian, with an opportunity to designate at least one caregiver following the patient's entry into a hospital, and prior to the patient's discharge to the patient's residence, in a timeframe that is consistent with the discharge planning process provided by regulation.  The hospital shall promptly document the request in the patient's medical record.

b.In the event that the patient is unconscious or otherwise incapacitated upon entry into the hospital, the hospital shall provide the patient or the patient's legal guardian with an opportunity to designate a caregiver within a given timeframe, at the discretion of the attending physician, following the patient's recovery of consciousness or capacity.  The hospital shall promptly document the attempt in the patient's medical record.

c.In the event that the patient or legal guardian declines to designate a caregiver pursuant to this act, the hospital shall promptly document this declination in the patient's medical record.

d.In the event that the patient or the patient's legal guardian designates an individual as a caregiver under this act:

(1)The hospital shall promptly request the written consent of the patient or the patient's legal guardian to release medical information to the patient's designated caregiver following the hospital's established procedures for releasing personal health information and in compliance with all State and federal laws, including the federal "Health Insurance Portability and Accountability Act of 1996," Pub.L.104-191, and related regulations.

(a)If the patient or the patient's legal guardian declines to consent to release medical information to the patient's designated caregiver, the hospital is not required to provide notice to the caregiver under section 4 of P.L.2014, c.68 (C.26:2H-5.27) or provide information contained in the patient's discharge plan under section 5 of P.L.2014, c.68 (C.26:2H-5.28).

(2)The hospital shall record the patient's designation of caregiver, the relationship of the designated caregiver to the patient, and the name, telephone number, and address of the patient's designated caregiver in the patient's medical record.

e.A patient or the patient's legal guardian may elect to change the patient's designated caregiver at any time, and the hospital must record this change in the patient's medical record before the patient's discharge.

f.This section shall not be construed to require a patient or a patient's legal guardian to designate any individual as a caregiver.

g.A designation of a caregiver by a patient or a patient's legal guardian does not obligate the designated individual to perform any after-care assistance for the patient.

h.In the event that the patient is a minor child, and the parents of the patient are divorced, the custodial parent shall have the authority to designate a caregiver.  If the parents have joint custody of the patient, they shall jointly designate the caregiver.