N.J. Stat. tit. 44, ch. 5

in effect

N.J. Stat. § 44:5-1 Health of indigent and recreation of needy children

A municipality may: a. Establish laboratories and dispensatories; b. Employ visiting nurses, supply medicines and medical services to the indigent sick; and c. Provide fresh air camps, excursions and other means of recreation for the needy children of the municipality.

N.J. Stat. § 44:5-2 Annual appropriation in municipalities to maintain indigent patients and assist health care facilities

Any municipality which has no health care facility therein maintained by such municipality may make an appropriation in each year of an amount which, in the judgment of the governing body, shall be adequate for the purposes hereinafter stated. Such appropriation shall be made in the manner in which appropriations for other municipal purposes are made and such sum so appropriated shall be included in the annual tax levy of the municipality and collected in the same manner and at the same time as other municipal taxes. The sum shall be applied to the purpose of paying the cost of supporting and maintaining such indigent patients as may be sent by order of any municipal physician, director of welfare or other proper authority of the municipality to any health care facility or health care facilities supported by private charity and located in the municipality or any other municipality in this State, and shall also be applied to the purpose of defraying the cost incurred by any such health care facility in providing health care facility care to any indigent person residing in such municipality in cases where the furnishing of such care shall be approved by the proper authorities of such municipality, although such person may not have been sent to the health care facility by order of any municipal physician, director of welfare or any other proper authority thereof. The sum so appropriated may also be applied to the purpose of assisting in the support of any such health care facility or health care facilities. The money so raised shall not be used for any other purpose whatever and the municipality may by ordinance regulate (a) The mode of sending such person to such health care facility or health care facilities and of approving of the furnishing of care therein; (b) The mode and terms of paying for the care and maintenance of such persons so sent to such health care facility or health care facilities or so approved; and (c) The manner of making payment for the maintenance of such health care facility or health care facilities. Amended by L.1948, c. 53, p. 139, s. 1; L.1949, c. 227, p. 715, s. 1; L.1950, c. 291, p. 987, s. 1, eff. July 3, 1950; L.1981, c. 145, s. 3, eff. May 14, 1981.

N.J. Stat. § 44:5-2a Health care facility defined

As used in this amendatory and supplementary act "health care facility" means the private facility or institution, engaged principally in providing services for health maintenance organizations, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency or residential health care facility. L.1981, c. 145, s. 4, eff. May 14, 1981.

N.J. Stat. § 44:5-2.1 Effective date

This act shall take effect immediately. L.1949, c. 227, p. 716, s. 2. Amended by L.1950, c. 291, p. 989, s. 2.

N.J. Stat. § 44:5-3 § 44:5-3

The board or body having charge of the finances of a city may enter into and make a contract or contracts not exceeding the term of five years at a time with any corporation or individual maintaining or operating a hospital in that city, for the medical and surgical care and treatment of those persons whom that board or body shall consider and determine should be cared for and treated at public expense. That board or body shall annually during the continuance of the contract or contracts raise by taxation the sum needed to defray the expenses of such medical care and treatment for the fiscal year then next ensuing.

N.J. Stat. § 44:5-4 § 44:5-4

A city which has no hospital located therein maintained by the city, shall, when the provisions of sections 44:5-4 to 44:5-7 of this title are assented to by a majority of the electors as hereinafter provided, make and enter into a contract or agreement with any regularly incorporated hospital supported in whole or in part by private subscription and located in the city, to pay to that hospital for a period not exceeding ten years in any one term, a sum equal to one-third of a mill on every dollar of assessable property returned by the assessor of the city, for the purpose of supporting, maintaining and caring for such indigent patients as may be sent to that hospital by order of any city physician, overseer of the poor or other proper authority of the city. Said sections 44:5-4 to 44:5-7 shall not take effect in any city until assented to by a majority of the legal electors thereof voting at any election for municipal officers to be held in the city.

N.J. Stat. § 44:5-5 Referendum; ballot, form

44:5-5. The question of the adoption of the provisions of sections 44:5-4 to 44:5-7 of this title shall not be submitted to the electors of a city until after a resolution is passed by the legislative body of the city directing the clerk to give public notice of the submission of the question. Upon the adoption of the resolution the clerk of the city shall cause notice of the submission of the question to be published in two newspapers circulating in the city for at least ten days before the holding of the election. The officer charged with the duty of preparing the official ballots for the election of municipal officers of the city at that election shall cause to be printed on each official ballot beneath the list of candidates thereon substantially the following: "To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) in the square at the left of the word YES, and if opposed thereto mark a cross (X) or plus (+) in the square at the left of the word NO. "Shall sections 44:5-4 to 44:5-7 of [ ] Yes the title Poor of the Revised Statutes, enabling the city to contract for the purpose of supporting, maintaining and caring for indigent patients in any [ ] No regularly incorporated hospital located in the city, be adopted?" If the voter makes an X or + mark in ink or pencil in the square at the left of the word "yes," it shall be counted as a vote in favor of the adoption of the sections. If the voter makes an X or + mark in ink or pencil in the square at the left of the word "no" it shall be counted as a vote against the adoption of the sections, and if no mark is made in either square at the left of either the word "yes" or "no" it shall not be counted as a vote for or against the acceptance of the sections. Amended 1994,c.77,s.24.

N.J. Stat. § 44:5-6 Making of contract

If a majority of all the ballots cast at the election referred to in section 44:5-5 of this title are in favor of the adoption of the provisions of sections 44:5-4 to 44:5-7 of this title, the proper municipal authorities shall enter into a contract as provided in section 44:5-4. If there is more than one hospital supported in whole or in part by private subscription, in the city, the proper municipal authorities may designate with which of the hospitals the contract shall be made, or enter into contracts with more than one of them and apportion the amount so to be raised by taxation among them, in the manner which in the discretion of the municipal authorities may be for the best interests of the public.

N.J. Stat. § 44:5-7 § 44:5-7

Upon the execution of a contract by a city as provided in sections 44:5-4 and 44:5-6 of this title, the proper municipal authorities of the city shall annually during the existence of the contract appropriate and raise by taxation in the manner in which other city taxes are assessed, levied and collected in the city, a sum equal to one-third of a mill on every dollar of assessable property returned by the assessor of the city, which sum when so appropriated shall be paid to the treasurer of the board of trustees, governors or directors of the hospital named in the contract.

N.J. Stat. § 44:5-8 § 44:5-8

A city which prior to February first, one thousand nine hundred and thirty-two, adopted the provisions of sections 44:5-4 to 44:5-7 of this title, and which has made and entered into the contract or contracts contemplated in said sections, may pay to the hospital or hospitals during the remainder of the term of the contract or contracts and all renewals thereof a sum not exceeding one mill on every dollar of assessable property returned by the assessor of the city for the purpose of supporting, maintaining and caring for such indigent patients as may be sent to the hospital by order of any city physician, overseer of the poor or other proper authority of the city, and may annually appropriate and raise by taxation in the manner in which other city taxes are assessed, levied and collected in the city during the existence of the contract or contracts or renewals thereof a sum not exceeding one mill on every dollar of assessable property returned by the assessor of the city for the purpose of taxation therein.

N.J. Stat. § 44:5-9 § 44:5-9

The board or body having charge of the finances of a city which at the time does not maintain and operate a municipal hospital for contagious or infectious diseases exclusively, may make a contract or contracts, not exceeding the term of five years at a time and without advertising for bids, with any corporation or person properly equipped for the purpose, for the care and treatment of such patients suffering from contagious, infectious or other disease as that board or body may consider and determine should be so cared for and treated at public expense. Such board or body shall annually during the continuance of the contract or contracts cause the sum needed to meet such expenditures for that year to be raised by taxation.

N.J. Stat. § 44:5-10 Annual appropriations in certain municipalities to maintain patients or assist hospitals

A village, borough, town or township which has no hospital located therein maintained by the municipality may make an annual appropriation, in the manner in which appropriations for other municipal purposes are made, of a sum of money not exceeding an amount equal to one-tenth of one per cent of the total valuations of real and personal property of the municipality, which sum so appropriated shall be included in the annual tax levy of the municipality and collected in the same manner and at the same time as other municipal taxes. The sum shall be applied to the purpose of supporting and maintaining such indigent persons residing in the municipality as may be sent by order of an overseer of the poor or other proper authority of the municipality to any hospital duly incorporated under the laws of this state and located in the municipality or in any other municipality in the same or an adjoining county, and of assisting in the maintenance of any such hospital furnishing hospital service to the residents of the municipality.

N.J. Stat. § 44:5-10.1 Annual appropriations in certain municipalities for contributions to hospitals

Any village, borough, town or township which has no hospital located therein maintained by the municipality may make an annual appropriation, in the manner in which appropriations for other municipal purposes are made, of a sum of money not exceeding an amount equal to one-tenth of one per cent of the total assessed valuation of real and personal property of such municipality which sum so appropriated shall be included in the annual tax levy of such municipality and collected in the same manner and at the same time as other municipal taxes. The sum shall be applied for the purposes and in the manner set forth in section 44:5-10 of this title, or may be paid directly to any hospital, now duly incorporated under the laws of this state and located in such municipality or in any other municipality in the same or an adjoining county, for the purpose of assisting in the maintenance of any such hospital furnishing hospital service to the residents of such municipality, in order that such hospital may be maintained and render service to such residents of the municipality who are not able to pay the full cost of their maintenance, care and treatment in such hospital.

N.J. Stat. § 44:5-10.2 Construction or enlargement of private health care facility; municipal appropriations

Any municipality which has no health care facility therein maintained by such municipality, may appropriate a sum or sums of money to be applied for the purpose of constructing or enlarging any health care facility or health care facilities located in the municipality or in any other municipality in the county, which is supported by private charity and where such patients as may be sent thereto are supported and maintained and to which annual appropriations may be made by the municipality to maintain patients and to assist such health care facility in accordance with the chapter to which this is a supplement. The sum or sums so appropriated pursuant to this act shall be used and applied in constructing or enlarging such health care facility. L.1954, c. 266, p. 982, s. 1, eff. Dec. 27, 1954. Amended by L.1981, c. 145, s. 2, eff. May 14, 1981.

N.J. Stat. § 44:5-12 Distribution of appropriation among nonprofit hospitals or clinics in county

Money appropriated by a governing body and distributed and paid to any hospital by virtue of section 44:5-11 of this Title, shall, if there is more than one such hospital, be distributed among and paid to them upon the basis of the free ward day's treatment furnished by each of them for the benefit, comfort and maintenance of such patients, inmates therein, or in the case of clinics, by the number of individual treatments of patients, as are residents of the county at the time of being sent to that hospital, and not otherwise. "Free ward day's treatment," as used in this section, means not less than 24 hours' medical and nursing attention of a hospital patient who occupies a listed hospital bed in the public ward for at least 24 hours continuously and for which nothing is paid. Free ward day's treatment shall not include treatment given to a person who would not commonly be admitted to or maintained in the public or contagious wards of general hospitals. Amended by L.1969, c. 188, s. 2, eff. Nov. 7, 1969; L.1979, c. 14, s. 2, eff. Feb. 8, 1979.

N.J. Stat. § 44:5-13 Annual reports to freeholders by hospitals participating in appropriation

A hospital desiring to participate in the funds referred to in sections 44:5-11 and 44:5-12 of this title shall, prior to December fifteenth of each year, make a report to the board of chosen freeholders of the county under oath of the superintendent or custodian of the records and verified by the president of the hospital, setting forth in detail the free work done by the hospital in accordance with the provisions of said sections 44:5-11 and 44:5-12 for the twelve months ending November thirtieth next preceding. The apportionment of the money for the fiscal year of the county, following such reports, shall be made to each hospital upon the basis of free service as shown by the reports, and no hospital failing to make such reports shall participate in the funds appropriated for the fiscal year immediately following that failure.

N.J. Stat. § 44:5-14 Appropriations by counties for constructing or enlarging private charitable hospitals

The board of chosen freeholders of a county which has no hospital located therein wholly maintained by the county, other than the hospital or sick ward of the county almshouse, may appropriate a sum of sums of money in the manner in which appropriations for other county purposes are made, which sum so appropriated shall be included in the annual tax levy of the county and collected in the same manner and at the same time as other county taxes. The sum shall be applied to the purpose of constructing or enlarging any hospital or hospitals located in the county which is supported by private charity and where such patients as may be sent thereto are supported and maintained. The sum or sums so appropriated shall be used and applied in constructing or enlarging such hospital as shall afford care, comfort and maintenance to such patients as are residents of the county at the time of being sent to that hospital. Amended by L.1954, c. 255, p. 929, s. 1, eff. Dec. 15, 1954.

N.J. Stat. § 44:5-15 Bond issues by counties for construction or alteration of charitable hospitals

The board of chosen freeholders of a county which has no hospital located therein maintained by the county, other than a hospital or sick ward of a county almshouse, may issue bonds to an amount not exceeding fifteen thousand dollars for the purpose of enabling any charitable hospital located in the county to construct new buildings, make alterations, additions or repairs to old buildings, and provide equipment for such buildings. All of such bonds shall mature within the period fixed by the board of freeholders which period shall not exceed thirty years. The proceeds of the sale of the bonds shall be paid by the county treasurer to the treasurer or other proper officer of the hospital to be expended for the purposes hereinbefore mentioned. A hospital receiving money under this section shall be bound to treat such poor persons in the county suffering from disease or accident as may apply for admission to the hospital without cost, and the receipt of any money by the hospital under this section shall constitute a contract irrevocable between the hospital and the board of freeholders by virtue of which contract the hospital shall be bound to treat the persons suffering from disease or accident as herein provided, free of cost or charge, when a certificate is produced by the poor person signed by the board of freeholders, its director, or any member thereof, certifying that the poor person is entitled to treatment under the terms of a contract created by this section. Nothing in this section shall be construed to apply to or prevent an appropriation of money to the hospital under other laws, to be used for the purpose of maintenance, care or treatment of poor persons resident in the county wherein the hospital is located.

N.J. Stat. § 44:5-16 Annual appropriations for maintenance of charitable hospitals and for care and treatment of poor

A. Any county having a population less than 850,000 according to the latest federal decennial census may make annual appropriations not exceeding in the aggregate 1/10 of 1% of the total assessed valuations of real and personal property of the county, or a sum of money not in excess of the amount which might be raised at that rate, in the manner in which other appropriations for county purposes are made, for the maintenance of a charitable hospital or hospitals the facilities of which are used by the poor or indigent residents of the county, to an amount not exceeding the estimated annual deficit in operating expenses of the hospital, which sum, so appropriated, shall be included in the annual tax levy of the county and collected in the same manner and at the same time as other county taxes. The amount so appropriated when paid over to a charitable hospital shall be used towards the current maintenance and expense of operation thereof. The appropriation may be made for a specifically named hospital or it may be made generally and in such case, the county governing body may, by ordinance or resolution, as appropriate, apportion the amount so appropriated to any such hospital in the manner which in their judgment may be deemed for the best interest of the county, but in no case shall a hospital receive more than the amount of its actual deficit in operating expenses. The officials and auditors of the county shall have access at all reasonable times to the books and records of a hospital which shall receive the appropriation or part thereof, for the purpose of ascertaining the deficit in operating expenses and the application of the moneys so appropriated or apportioned and the financial needs or requirements of the hospital. B. Any county having a population less than 850,000 according to the latest federal decennial census may make annual appropriations, for the medical care, treatment and maintenance of the poor and indigent residents of the county in any charitable hospital or hospitals in a sum not exceeding in the aggregate for all such hospitals, 1/10 of 1% of the total assessed valuations of real and personal property of the county, or a sum of money not in excess of the amount which might be raised at that rate in the manner in which other appropriations for the county are made, regardless of whether the hospital or hospitals to which such moneys are paid, shall have an annual deficit in operating expenses of such hospital, which appropriation shall be included in the annual tax levy of the county and collected in the same manner and at the same time as other county taxes. No such hospital shall receive any payment pursuant to this subsection at a rate in excess of the average cost per patient in any county hospital operated by the county making the payment and provided further that no person shall be considered poor and indigent for the purpose of this subsection unless such status is established to the satisfaction of the governing body of such county. C. Subsections A. and B. of this act are mutually exclusive and no hospital shall receive payment under both subsections. Amended by L.1939, c. 230, p. 627, s. 1; L.1947, c. 336, p. 1087, s. 1; L.1957, c. 234, p. 787, s. 1; L.1961, c. 63, p. 558, s. 1, eff. June 3, 1961; L.1969, c. 188, s. 3, eff. Nov. 7, 1969; L.1971, c. 451, s. 1, eff. Feb. 29, 1972; L.1981, c. 462, s. 51.

N.J. Stat. § 44:5-17 Provision by counties over 850,000 for maintenance of patients in hospitals

The governing body of a county having a population of 850,000 or more according to the latest federal decennial census may make provision for the support of resident indigent patients, who cannot be maintained by private means, in a hospital or hospitals having 50 or more beds of which 20 or more are open to the public at all times. Provision for the maintenance and treatment of an individual patient in the hospital shall be made by the county upon the certification by the county physician of the name of the person and upon the approval of the county governing body; but the certification shall not be approved unless there is attached thereto a verified bill to the governing body for that maintenance and treatment, signed by the head officer and chief physician of the hospital and stating that the patient was in need of such maintenance and medical treatment for the time charged for and no longer. The amount to be paid shall not exceed the sum charged in the hospital in which the resident indigent is placed for patients occupying beds in wards open to the public. Amended by L.1961, c. 63, p. 560, s. 2; L.1969, c. 188, s. 4, eff. Nov. 7, 1969; L.1971, c. 459, s. 2, eff. Feb. 29, 1972; L.1981, c. 462, s. 52.

N.J. Stat. § 44:5-18 Annual appropriations for purposes of section 44:5-17

The governing body of a county having a population of 850,000 or more according to the latest federal decennial census may make for the purposes of R.S. 44:5-17 an annual appropriation of not more than $10,000.00 for each hospital, to pay for the support and maintenance of such persons therein, which sum shall be included in the annual tax levy and collected in the same manner and at the same time as the other county taxes; but that sum or so much thereof as may be unexpended at the end of the fiscal year in the county shall become a part of the sum authorized to be appropriated for the next fiscal year and be deducted from the amount authorized by R.S. 44:5-17 to be appropriated and collected for the succeeding year. Amended by L.1961, c. 63, p. 560, s. 3; L.1969, c. 188, s. 5, eff. Nov. 7, 1969; L.1971, c. 459, s. 3, eff. Feb. 29, 1972; L.1981, c. 462, s. 53.

N.J. Stat. § 44:5-18.1 Psychiatric diagnosis and treatment of indigent residents; appropriation for

The board of chosen freeholders of any county which has no county mental or psychiatric hospital or clinic may appropriate not more than ten thousand dollars ($10,000.00) per annum for the necessary expense incident to the diagnosis and treatment of such indigent residents in the county as may require psychiatric diagnosis and treatment, including the cost of diagnosis, special mental tests and treatment. Before expending money for such purposes, the board of chosen freeholders shall adopt such rules and regulations as it deems advisable concerning the requirement of residents and eligibility for such relief. Disbursements shall be made through officers designated by the board of chosen freeholders for that purpose on verified bills presented and approved as in the case of other county expenditures. L.1952, c. 119, p. 459, s. 1, eff. May 5, 1952.

N.J. Stat. § 44:5-19.1 Liens for medical care and hospitalization; priority

The board of chosen freeholders of any county, which furnishes medical care and hospitalization to resident indigent patients who cannot be maintained by private means, in a hospital or hospitals supported by private charity, on a per diem per patient basis, shall have a lien against the property of any person receiving such service in an amount equal to the cost to the county of the maintenance of such person in such hospital, which lien shall have priority over all unrecorded encumbrances. L.1957, c. 139, p. 530, s. 1, eff. July 12, 1957.

N.J. Stat. § 44:5-19.2 Form

The lien shall state the name of the patient, the date of his admission, the rate at which payment is made by the county for such patient's medical care and hospitalization, the name of the institution in which such service was rendered and the amount due to the county for such service at the date of the filing of the lien and the rate of accumulation, if any shall occur, thereafter and shall be signed by the director of the board of chosen freeholders of the county or such person as shall be authorized so to do by resolution of said board. L.1957, c. 139, p. 530, s. 2.

N.J. Stat. § 44:5-19.3 Time of filing

Any such lien may be filed at any time during the period of hospitalization and within 2 years after the date of discharge from such hospitalization. L.1957, c. 139, p. 530, s. 3.

N.J. Stat. § 44:5-19.4 Place of filing; effective date of lien

The lien shall be filed with the clerk or register of deeds and mortgages of the county, as the case may be, or with the Clerk of the Superior Court, and shall immediately attach to and become binding upon all real property in the ownership of the patient in the county, if it is filed in the county, or wherever situate in the State, if it is filed in the Superior Court, and it shall have the force and effect of a judgment at law. L.1957, c. 139, p. 530, s. 4.

N.J. Stat. § 44:5-19.5 Clerk or register of deeds; duties; fees

The clerk or register of deeds and mortgages of the county or the Clerk of the Superior Court, as the case may be, shall provide suitable books in which all liens and other papers incidental thereto shall be received and recorded without payment of any fee, which books shall be properly indexed in the name of the person against whom the lien is claimed. L.1957, c. 139, p. 531, s. 5.

N.J. Stat. § 44:5-19.6 Property concerned

The lien shall become binding upon any goods, rights, credits, chattels, moneys or effects which are held, for the present or subsequent use, of the person against whom the lien is filed, by any person, firm or corporation, after notice of the existence of the lien forwarded by certified mail to said person, firm or corporation, who or which shall thereafter be precluded from disposing of said property rights until said lien is satisfied or the county consents thereto and any person, firm or corporation disposing of such properties or moneys after receipt of such notice of lien shall be liable to the county for the value of such properties or moneys so disposed of, except that when the notice of the lien is served upon a banking institution the lien shall be effective against such banking institution only in the amount of the accumulated delinquent maintenance stated therein. L.1957, c. 139, p. 531, s. 6.

N.J. Stat. § 44:5-19.7 Settlement of lien

The board of chosen freeholders of the county is authorized to compromise and make settlement of any claim for which any lien is filed under the provisions of this act and such resolution shall be sufficient authorization for the discharge thereof. L.1957, c. 139, p. 531, s. 7.

N.J. Stat. § 44:5-19.8 Discharge

Any lien so filed may be discharged by filing in the office in which it is entered a certificate setting forth that the same is discharged of record, signed and acknowledged by the director of the board of chosen freeholders of the county. L.1957, c. 139, p. 531, s. 8.

N.J. Stat. § 44:5-19.9 Support by relatives

Upon application for medical care and hospitalization by any person, or upon the furnishing of the same by the county to any person, in the manner provided in section 1 of this act, the County Adjuster of the county shall ascertain, if possible, the relatives chargeable by law for the support of such person and shall proceed to obtain their assistance or compel them to render assistance in providing medical care and hospitalization in the manner provided in this act or in paying the cost thereof. L.1957, c. 139, p. 532, s. 9.

N.J. Stat. § 44:5-19.10 Court action to force responsible relative to pay

10. Should any relative responsible for the support of such applicant or person receiving such service fail to obey the order or direction with regard to the providing of service and paying therefor, the Superior Court may, upon complaint of the County Adjuster, summon the persons chargeable before it as in other actions and summon witnesses and may order the able relatives responsible for the support of such applicant to pay such sums as the circumstances may require in the discretion of the court for such applicant and violation of any such order of the court shall be contempt of the court and the person so violating the same shall be subject to the penalties which by law may be imposed for other contempts of said court. L.1957,c.139,s.10; amended 1991,c.91,s.442.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026