N.J. Stat. tit. 30, ch. 9

N.J. Stat. tit. 30, ch. 9
in effect

N.J. Stat. § 30:9-1 Appointment of superintendents, physicians for county hospitals.

30:9-1. The counties of the first class shall appoint a superintendent for each county hospital and the physicians for the several county hospitals. The term of office of the physicians shall be two years. The term of office of the superintendents of the county hospitals shall be as provided by R.S.30:9-12. amended 2013, c.103, s.93.

N.J. Stat. § 30:9-3 Bylaws, rules, regulations of county psychiatric facility

The governing body of the county may adopt bylaws, rules and regulations for the management and government of a county psychiatric facility; the admission, support and discharge of patients; the appointment of a superintendent and other employees and officers. But, the rules and regulations governing the admission and discharge of patients shall be in compliance with the provisions of P.L.1987, c. 116 and shall be subject to the written approval of both the commissioner and the governing body of the county. The governing body shall also fix the compensation of officers and employees and may at any time by vote of two-thirds of its members remove an officer or employee. The expense of erecting, establishing, furnishing, maintaining and operating the psychiatric facility shall be paid by the county treasurer from funds raised by taxation as other county expenses are paid. The governing body may also select an appropriate name by which the psychiatric facility shall thereafter be known. Amended by L. 1987, c. 116, s. 27.

N.J. Stat. § 30:9-3.1 Commissary or store; establishment; cost; profits.

1. Counties are empowered to maintain a commissary or store for the sale of commodities to patients, patients' visitors, and employees of any county psychiatric hospital under rules to be adopted by the county. The cost of establishing the commissary or store may be defrayed out of funds appropriated for current maintenance. Any profit may be used for recreational entertainment of the patients or another like purpose. L.1941, c.37, s.1; amended 2013, c.103, s.94.

N.J. Stat. § 30:9-4 Enlargement of or additions to psychiatric hospital.

30:9-4. If a psychiatric hospital is owned and maintained by the county, and it becomes necessary either to enlarge the hospital by the building of additions or extensions, or to erect additional buildings for the accommodation of the patients, the board of chosen freeholders or governing body of the county may, upon a resolution or ordinance, as appropriate, to be adopted by the affirmative votes of two-thirds of the full authorized membership of the board, build additions, extensions, additional building or buildings, and properly fit, furnish, and equip them. amended 1940, c.7, s.1; 2013, c.103, s.95.

N.J. Stat. § 30:9-5 Issuance of bonds by county.

30:9-5. The county may issue bonds in the corporate name of the county to meet the expense of erecting new buildings, additions, or accommodations at a county psychiatric hospital, and making repairs to or otherwise properly fitting, furnishing, and equipping the buildings. amended 1940, c.7, s.2; 2013, c.103, s.96.

N.J. Stat. § 30:9-6 Consolidation of county psychiatric hospitals.

30:9-6. The board of chosen freeholders or governing body of a county, by a resolution or ordinance, as appropriate, adopted by the affirmative vote of two-thirds of the full authorized membership of the board may consolidate its county psychiatric hospitals in one place on suitable lands owned by the county and erect, furnish, and maintain suitable hospital buildings thereon. County bonds for this purpose may be issued to an amount not exceeding six-tenths of one per cent of the ratables of the county. amended 2013, c.103, s.97.

N.J. Stat. § 30:9-7 Sale of lands, buildings by county.

30:9-7. If county psychiatric hospitals are consolidated as provided by R.S.30:9-6, the county may sell its lands and buildings used for a psychiatric hospital that are unnecessary for hospital purposes, and the sale and conveyance of the lands shall vest in the purchaser title in fee to the premises so sold. The proceeds of the sale shall be applied to the sinking funds of the county or to the redemption of county bonds, and not otherwise. amended 2013, c.103, s.98.

N.J. Stat. § 30:9-8 Change of location of county psychiatric hospital.

30:9-8. If the board of chosen freeholders or the governing body of the county amended 2013, c.103, s.99.determines, by a resolution or ordinance, as appropriate, adopted by the affirmative votes of at least two-thirds of the full authorized membership of the board, that a county psychiatric hospital under its management and control is unsuitably located, and that it is expedient and desirable that the location thereof should be changed to some other place in its county, the county may make the change. amended 2013, c.103, s.99.

N.J. Stat. § 30:9-9 Agreement for relocation between counties.

30:9-9. If the county desiring to change the location of a county psychiatric hospital under authority of R.S.30:9-8 determines there is no suitable location at which the hospital might be relocated, and desires to locate the hospital in another county of this State, it may do so by entering into an agreement with the other county, either to build and maintain the hospital jointly, or to build and maintain the hospital by one county with the right in the other county to commit its patients therein, at a sum per week per patient to be agreed upon. If both counties agree to build and maintain the hospital jointly, they shall concur upon the site, appoint an architect, and approve plans and specifications, and do and perform everything necessary for completion of the work authorized and the maintenance thereafter, including employment of physicians and other necessary employees. If by their agreement one county builds and maintains the hospital, that county shall select the site, appoint the architect, and approve the plans and specifications, and do and perform everything necessary for completion of the work authorized, and the maintenance thereafter, including employment of physicians and other necessary employees. If a county decides to change the location of its hospital, one or more counties depending upon their agreement shall have full power and authority to acquire lands within or without the county by gift, devise, purchase, or condemnation, to erect suitable buildings, and to fit, furnish, and equip the buildings, lay out the grounds, make provision for utilities and mass transit connections, and do and perform whatever is necessary or appropriate to establish a modern psychiatric hospital. The funds to acquire the lands, erect the buildings, and perform the work, including the purchase of materials and fittings, furnishings, and equipment authorized, except for maintenance only, shall be raised by one or more counties doing the work, each to the extent of its share, by the issue and sale of bonds paid by the county treasurer or treasurers, in accordance with the counties' agreement. amended 2013, c.103, s.100.

N.J. Stat. § 30:9-10 Disagreement as to cost of maintenance of hospital; action in Superior Court

In the event of a single board erecting such hospital and the two boards cannot agree as to the sum to be paid for the maintenance of such patients, as aforesaid, by the board which does not join in the work of building, either board may bring a civil action in the Superior Court against the other board. The court may proceed in the action in a summary manner or otherwise and may fix and determine the sum to be paid per week per patient by such board, as aforesaid. Amended by L.1953, c. 29, p. 538, s. 57.

N.J. Stat. § 30:9-11 Contracts for county psychiatric hospitals.

30:9-11. If the cost of work performed and materials furnished in the construction, fitting, furnishing, and equipping of county psychiatric hospitals, or laying out the grounds, as provided by R.S.30:9-9, exceeds $1,000, the work shall be performed and materials furnished on a contract awarded to the lowest responsible bidder who shall furnish satisfactory security to the county or counties undertaking the work, on bids duly advertised in the county or counties. If buildings are to be constructed, the advertisement shall be published for at least two weeks, once in each week; and if joint counties undertake the work, they shall appoint a committee to advertise and receive the bids and to report the bids to their governing bodies at their next meetings. amended 2013, c.103, s.101.

N.J. Stat. § 30:9-12 Superintendents.

30:9-12. Counties of the first class, in appointing superintendents for the county psychiatric hospitals, may designate and prescribe the terms of office of the superintendents, which shall not exceed five years. amended 2013, c.103, s.102.

N.J. Stat. § 30:9-12.1 Counties over 400,000; county hospitals; lands and buildings

The board of chosen freeholders of any county having a population in excess of 400,000 may establish, erect and maintain a county hospital or hospitals for sick, disabled, or aged persons, for the mentally ill, and for persons suffering from communicable diseases, and for that purpose shall have power to: Purchase and lease real property therefor or acquire such real property by condemnation pursuant to the provisions of chapter 1 of Title 20 of the Revised Statutes (Eminent Domain s. 20:1-1 et seq.); Erect all necessary buildings and make all necessary improvements, plans and alterations, the plans first to be approved by the State Department of Health; Appropriate money for the purchase of a site and for the construction or reconstruction of all necessary buildings, including the original furnishings and equipment therefor, and borrow funds therefor on the credit of the county and issue county obligations therefor in like manner as for other county purposes; Accept and hold in trust for the county any grant or devise of land or any gift or bequest of money or other personal property or any donation and apply the same in accordance with the terms of the gift. L.1947, c. 34, p. 88, s. 1. Amended by L.1950, c. 238, p. 808, s. 2; L.1977, c. 63, s. 14, eff. April 15, 1977.

N.J. Stat. § 30:9-12.2 Board of managers

The board of freeholders of any such county establishing and maintaining a county hospital or hospitals under authority of this act shall have power to appoint a board of seven managers from the citizens of the county, irrespective of religious or political belief, of whom at least three shall be practicing physicians. Three members shall be appointed for one year, two for two years and two for three years and their successors shall be appointed for the full term of three years except that an appointment to fill an unexpired term shall be for the remainder of the term. No physician member of the board of managers shall treat patients in said institution. Failure of a member to attend three consecutive regular meetings of the board shall cause a vacancy in his office unless his absence be excused by formal action of the board. Members of the board of managers shall receive no compensation for services but shall be allowed their actual and necessary expenses to be audited and paid in the same manner as other expenses of the hospital, by the board of chosen freeholders. A member of the board of managers may be removed by the board of chosen freeholders for cause after opportunity to be heard. L.1947, c. 34, p. 89, s. 2.

N.J. Stat. § 30:9-12.3 President and vice-presidents of board; superintendent

The board of managers shall elect from its membership a president and one or more vice-presidents. It shall appoint a superintendent who shall hold office at the pleasure of the board. The superintendent shall not be a member of the board. The board of managers shall determine the amount of time the superintendent shall be required to spend at the hospital in the discharge of his duties. L.1947, c. 34, p. 90, s. 3.

N.J. Stat. § 30:9-12.4 Secretary and custodian of funds

The board of managers shall appoint a secretary and a custodian of funds. It shall also fix and determine the compensation, term of office, duties and powers of such appointees and remove them at pleasure. L.1947, c. 34, p. 90, s. 4.

N.J. Stat. § 30:9-12.5 Powers and duties of board of managers

The board of managers shall fix the salaries of the superintendent and other officers and employees subject to the approval of the board of chosen freeholders within the limitations of the appropriation made therefor, and such salaries shall be full compensation for all services rendered. The board of managers shall have the general superintendence, management and control of the hospital, its personnel and the patients and all matters relating to its government, discipline, contracts and fiscal concerns; shall make necessary rules and regulations; shall adopt by-laws; shall furnish such reports, estimates of appropriations and other information as may be required by the board of chosen freeholders; shall perform such other duties and enforce such other regulations as from time to time may be prescribed by the board of chosen freeholders. L.1947, c. 34, p. 90, s. 5.

N.J. Stat. § 30:9-12.6 Powers and duties of superintendent

The superintendent shall be the chief executive officer of the hospital and subject to the rules, regulations and powers of the board of managers shall: Have general supervision and control of the records, accounts and buildings of the hospital and its internal affairs, and maintain discipline and enforce all rules and regulations and make such further rules and regulations as he may deem necessary consistent with law and the rules, regulations and directions of the board of managers; With the consent of the board of managers appoint such resident officers and such employees as he may think proper and necessary for the efficient performance of the business of the hospital, and prescribe their duties, and for cause stated in writing after opportunity to be heard, discharge or suspend any officer or employee, subject to formal investigation by the board of managers; Discharge any patient who shall willfully or habitually violate the rules or regulations of the institution, or who is for any reason no longer a suitable patient. L.1947, c. 34, p. 90, s. 6.

N.J. Stat. § 30:9-12.7 Admissions for other than mental illness

The admission of any person to a county hospital for other than mental illness established under this act shall be subject to the regulations established by the board of managers and on application in writing signed by the patient or a person interested in the admission of the patient by reason of relationship or marriage, or by a person having the charge or care of such patient, or by the sheriff, or by the municipal director of welfare or person charged with the care and relief of the poor, or by any chief of police or police captain in any municipality in the county where such person may be, or by the chief executive officer of any public or private charitable institution or hospital in which the patient may be. All application forms shall be approved by the board of managers for such hospital. L. 1947, c. 34, s.7; amended by L. 1987, c. 116, s. 28.

N.J. Stat. § 30:9-12.8 Persons who may be treated

A county hospital or hospitals established under this act shall be devoted to the care and treatment of: (a) Persons suffering from communicable diseases; (b) Mentally ill persons; (c) Sick, disabled, or aged persons of the low-wage group, who are hereby defined to be those persons who are unable to pay prevailing semi-private hospital charges. L.1947, c. 34, p. 91, s. 8. Amended by L.1977, c. 63, s. 15, eff. April 15, 1977.

N.J. Stat. § 30:9-12.9 Investigation of patient

9. The board of managers shall designate an officer or employee of the institution who shall be charged with the duty, upon the admission of a patient, of investigating the patient's circumstances and his ability to pay. If upon such investigation it appears that the patient or legally responsible relatives are able to pay for his care and maintenance, an order shall be made by such officer or employee that payment shall be made to the custodian of funds, of a specified charge in proportion to the financial ability of the patient or such relative. Such designated officer or employee shall have the same power to collect the charge specified from the estate of the patient or his relatives as is possessed by an overseer of the poor or director of welfare in like circumstances, including, but not limited to the right to create a lien against the real estate of such patient or his relatives. If the investigation shall disclose that the patient or his relatives are unable to pay, the cost shall become a charge upon the county. Should there be a dispute as to ability to pay or doubt in the mind of such officer or employee, the Superior Court may hear the matter and make such order as is deemed to be proper. L.1947,c.34,s.9; amended 1953,c.29,s.58; 1991,c.91,s.330.

N.J. Stat. § 30:9-12.10 Fidelity bonds

The board of managers may in its discretion require any official or employee to give bond for the faithful performance of his duties and fix the amount of such bond. Where a surety company bond shall be given, the amount of the premium required thereon shall be paid as an expense of the hospital. L.1947, c. 34, p. 92, s. 10.

N.J. Stat. § 30:9-12.11 Special policemen.

11. The board of managers may appoint and commission as many special policemen for such county hospital as it may deem necessary. Within such territory as shall be prescribed and for such time as shall be limited, any such policeman shall have the same powers as a police officer of the municipality or municipalities wherein such hospital shall be located. Such special policemen shall be charged with the duty of preserving order in and about the hospital and shall have power to arrest and hold any offender against the public peace within the limits of said territory. L.1947, c. 34, p. 92, s. 11; amended 2023, c.250, s.35.

N.J. Stat. § 30:9-12.12 Liability of officers, employees and board members

No action at law shall lie or be maintained against any officer or employee or member of the board of managers for refusing to admit any person as a patient or for admitting, receiving, keeping, detaining, transferring or discharging any patient as provided by this act or as directed by any order made in accordance with this act, whether such person made his own application or the application was made by a friend or relative, or an order was made by a judge or court of the county or State, or any municipality thereof in any of which cases any such application or other, or certified copy thereof, shall be sufficient warrant and authority for the admission, keeping, detention, transfer, discharge and for the reasonable care, treatment, management and control of any patient received or committed under the terms of this act. L.1947, c. 34, p. 93, s. 12.

N.J. Stat. § 30:9-12.13 Abolishment of office or employment; consolidation; transfers

The board of managers shall have power to abolish any office or employment which it shall find to be unnecessary, to combine and consolidate the functions of any office or employment as it may determine, to transfer officers and employees and to promote and reduce the same, subject to the provisions of the civil service law. L.1947, c. 34, p. 93, s. 13.

N.J. Stat. § 30:9-12.14 Consolidation of county hospitals with other agencies and facilities

The board of chosen freeholders in any such county establishing a hospital pursuant to this act by resolution, may consolidate its county hospitals, homes for the aged, almshouses, psychiatric wards and other similar county agencies and facilities on suitable lands owned by the county and erect, enlarge, furnish and maintain suitable buildings thereon for such purpose. Upon the adoption of any such resolution such county hospitals, homes for the aged, almshouses, psychiatric wards and other similar county agencies and facilities shall be regulated by the provisions of this act and the terms of all members of boards of managers, superintendents, and other officers, not being civil service employees, shall cease. The rights of all persons having civil service status shall not be impaired by this act. L.1947, c. 34, p. 93, s. 14. Amended by L.1950, c. 238, p. 809, s. 3.

N.J. Stat. § 30:9-12.15 Second class counties; admission of patients able to pay; charges

Wherever a general hospital is or shall be operated by the board of chosen freeholders of a county of the second class, the said board of chosen freeholders shall have the right to admit patients to the said hospital who are able to pay for their hospitalization, and shall have the right to impose such per diem charges as the said board of chosen freeholders shall determine will be sufficient to pay the per capita costs of such patients. L.1952, c. 58, p. 378, s. 1.

N.J. Stat. § 30:9-12.15a Counties of first class having 700,000 to 900,000 population; admission of patients

In any county of the first class having a population of more than 700,000 but less than 900,000 inhabitants, a person may be admitted to the county hospital on the application of his treating physician or on the application of any of the persons enumerated in section 7 of the act to which this act is a supplement, and, notwithstanding the provisions of said section 7, no such application shall be required to be in writing. L.1964, c. 200, s. 1.

N.J. Stat. § 30:9-12.15b Counties of first class having 700,000 to 900,000 population; admission of patients notwithstanding failure to meet qualifications of section 30:9-12.8

In any county of the first class having a population of more than 700,000 but less than 900,000 inhabitants, persons, requiring hospital care and treatment, may be admitted to the county hospital in any case where admission to a non-profit hospital located in the county cannot be obtained within a reasonable time after such care and treatment becomes necessary, notwithstanding that such persons do not meet the qualifications for admission to the county hospital specified in section 8 of the act to which this act is a supplement. L.1964, c. 200, s. 2.

N.J. Stat. § 30:9-12.16 Institution for treatment of persons with substance use disorder; resolution for establishment.

1. The board of county commissioners of any county, by resolution, may provide for the establishment of an institution for the medical treatment of persons with substance use disorder and for the prevention of substance use disorder as a separate institution or as an institution connected with a county hospital. L.1956, c. 213, p. 767, s.1; amended 2023, c.177, s.109.

N.J. Stat. § 30:9-12.17 Contents of resolution; board of managers

Any such resolution may provide for the appointment of a board of managers for such institution or may provide for the management, control and operation of such institution by the board of managers of the county hospital. Where a separate and distinct board of managers for any such institution is provided for, the resolution shall specify the number of managers and their terms of office and may include, as ex-officio members, the magistrates or some of them, of the municipal courts situated in the county. L.1956, c. 213, p. 767, s. 2.

N.J. Stat. § 30:9-12.18 Powers and duties of board of managers.

3. Where any such institution is provided for, the board of managers, subject to the approval of the board of county commissioners, may: (a) arrange for, establish and maintain, a clinic or clinics for consultation concerning diagnosis, guidance, and treatment of persons with substance use disorder to the end that they may be rehabilitated as useful members of society; (b) arrange and provide for the temporary hospitalization of alcoholics; (c) provide for the necessary facilities for the rendering of such hospitalization of persons with substance use disorder and for the said clinics by the purchase or construction of such facilities or by the leasing thereof; and (d) to provide such facilities by contract or arrangement with other hospitals, institutions, or organizations and by co-operation with the medical profession and interested groups and individuals. L.1956, c. 213, p. 768, s. 3; amended 2023, c.177, s.110.

N.J. Stat. § 30:9-12.19 Admission of patients; rules and regulations

The said board of managers shall prescribe the rules and regulations for the admission of persons to the institution in their charge and for the use of the said facilities so provided pursuant to this act. L.1956, c. 213, p. 768, s. 4.

N.J. Stat. § 30:9-12.20 Admission or commitment by order of court in criminal cases.

5. Admission to said institution or the use of the said facilities shall also be provided by the board of managers when ordered by a Superior Court judge or by a judge of a municipal court situated in the county where such judge shall have jurisdiction of the person to be admitted or provided with the use of said facilities by reason of the pendency before the judge of a criminal charge against such person and where said judge shall be satisfied that the person suffers from acute substance use disorder. Any such order so made by a judge may provide for the commitment, of the person so charged, to the said institution as a part or the whole of a sentence imposed. In the event of any such commitment, the said board of managers shall detain the person committed for the term prescribed in accordance with the terms and conditions of such order. Unless otherwise provided by the Department of Human Services or by the rules of court the said board of managers shall provide the necessary forms for use in connection with commitments to the said institution. L.1956, c.213, s.5; amended 1991, c.91, s.331; 2023, c.177, s.111.

N.J. Stat. § 30:9-12.21 Commitment upon application after notice and hearing.

6. Commitments to the said institution may also be made by any such judge or magistrate upon a determination, after notice and hearing that a person is suffering from acute substance use disorder. Application for such a commitment may be made to the said court or judge by a person having an interest therein by reason of relationship or marriage or by a police officer, sheriff, municipal or county director of welfare or person charged with the care and relief of the poor where the person charged as having acute substance use disorder may reside. Every such application shall be supported by a certificate in writing, under oath, executed by two physicians who are permanent residents and duly licensed to practice medicine in this State. Each such certificate shall set forth the date of the making of the examination which shall be within 10 days of the date of the making of the application to the said judge or magistrate and shall set forth the facts and circumstances on which the opinions of such physicians are based and shall include a precise personal description sufficient to identify the person so examined and of the facts relating thereto and shall further certify that the condition of the person examined is such as to require care and treatment in an institution for acute substance use disorder. Every such application shall be heard in a summary manner, without a jury, and the said judge or magistrate shall, by order, fix the time for the hearing which shall be not less than 10 days after the service of a notice of hearing upon the person so charged. The person charged shall be entitled to counsel and any order of commitment made upon such application shall be subject to review by the Superior Court in a proceeding in lieu of prerogative writ. The judge or magistrate may require the testimony at the hearing to be taken and transcribed by a court reporter and the expense thereof shall be paid by the county treasurer of the county, on order of the board of county commissioners, in the same manner as other court expenses chargeable to a county are paid. In connection with any such commitment the judge or magistrate shall determine the indigency or nonindigency of the person committed and make an appropriate order for the payment to the institution of the cost of maintaining the person committed in such institution. Pending any such application the judge or magistrate may order the temporary detention of the person charged as having acute substance use disorder in such institution for observation and treatment where it appears that such temporary detention is needed for the welfare and safety of the said person. No commitment or temporary commitment upon any such application shall continue for more than 90 days and the commitment may be terminated sooner if the judge or magistrate shall so order, upon application of the board of managers, and the certificate of a physician on the staff of the said institution that maximum treatment has been given to the person committed. L.1956, c. 213, p. 769, s. 6; amended 2023, c.177, s.112.

N.J. Stat. § 30:9-12.22 Counties with 265,000 to 330,000 population; establishment of institution for disabled or aged persons; powers

The board of chosen freeholders of any county having a population not less than 265,000 and not more than 330,000 inhabitants, may establish, erect and maintain a county institution for disabled or aged persons, and for that purpose shall have power to: Purchase and lease real property therefor or acquire such real property by condemnation pursuant to the provisions of chapter 1 of Title 20 of the Revised Statutes (Eminent Domain 20:1-1 et seq.); Erect all necessary buildings and make all necessary improvements, plans and alterations; Appropriate money for the purchase of a site and for the construction or reconstruction of all necessary buildings, including the furnishings and equipment therefor, and borrow funds therefor on the credit of the county and issue county obligations therefor in like manner as for other county purposes; Accept and hold in trust for the county any grant or devise of land or any gift or bequest of money or other personal property or any donation and apply the same in accordance with the terms of the gift. L.1966, c. 178, s. 1, eff. June 18, 1966.

N.J. Stat. § 30:9-12.23 Board of managers; appointment; term; vacancies; compensation; expenses

The board of freeholders of any such county establishing and maintaining a county institution under authority of this act may appoint a board of managers consisting of 9 residents of the county, irrespective of religious or political belief. Appointed annually to the board of managers shall be the county physician, the director of the county welfare board and one member of the board of chosen freeholders of the county. Of the remaining 6 members, who shall be first appointed, at least one of whom shall be a woman, 2 members shall be appointed for a term of 1 year, 2 members for a term of 2 years, and 2 members for a term of 3 years. All such members thereafter appointed shall serve for the term of 3 years and all vacancies shall be filled by the board of chosen freeholders for the unexpired term only. No physician member of the board of managers shall treat patients in said county institution. The members of the board of managers shall serve without compensation but their necessary expenses shall be allowed and paid in the same manner as other expenses of the county institution. L.1966, c. 178, s. 2, eff. June 18, 1966.

N.J. Stat. § 30:9-12.24 Chairman and vice-chairman; secretary; treasurer

The board of managers shall annually choose from among its members a chairman and vice-chairman. The secretary of the board of managers shall be the administrator of the county institution who shall serve without additional compensation. The treasurer of the board of managers shall be the county treasurer. L.1966, c. 178, s. 3, eff. June 18, 1966.

N.J. Stat. § 30:9-12.25 Powers and duties of chairman, board of managers and board of chosen freeholders

The chairman shall preside at all meetings of the board of managers. In the absence or incapacity of the chairman, the vice-chairman shall have all the powers and perform all the duties of the chairman. The chairman of the board of managers shall sign all checks, drafts, vouchers, requisitions of funds, contracts and other agreements and obligations of the county institution. All disbursements of the county institution shall be by check signed by both the chairman and the treasurer after approval by the administrator. The board of managers shall fix the salaries of the officers and employees of the county institution subject to the approval of the board of chosen freeholders of the county, and such salaries shall be full compensation for all services rendered, except the administrator. The board of managers shall have the general direction, management and control of the county institution, its personnel, the patients and all matters relating to its government and discipline and admission policies and shall make necessary rules and regulations, adopt by-laws, and furnish such reports and other information as may be required by the board of chosen freeholders of the county. The board of chosen freeholders shall make available for expenditures by the board of managers such sums as the board of chosen freeholders may by a majority vote approve. The board of managers shall use the auditor approved by the county, the personnel department and the purchasing department of the county. L.1966, c. 178, s. 4, eff. June 18, 1966.

N.J. Stat. § 30:9-12.26 Administrator; appointment; term; salary; secretary to board

The board of chosen freeholders shall appoint a competent and qualified administrator who shall serve for a term of 3 years. The salary of the administrator shall be fixed by the board of chosen freeholders. The administrator shall not be one of the 9 members of the board of managers, but shall serve as the secretary to the board of managers. L.1966, c. 178, s. 5, eff. June 18, 1966.

N.J. Stat. § 30:9-12.27 Powers and duties of administrator

The administrator shall be the chief executive officer of the institution and subject to the rules, regulations and powers of the board of managers shall: Have general direction and control of the records, accounts and buildings of the institution and its internal affairs, and maintain discipline and enforce all rules and regulations and make such further rules and regulations as he may deem necessary consistent with law and the rules, regulations and directions of the board of managers; With the consent of the board of managers, appoint such resident officers and such employees as he deems proper and necessary for the efficient performance of the business of the institution, and prescribe their duties, and for cause stated in writing after opportunity to be heard, discharge or suspend any officer or employee, subject to formal investigation by the board of managers, and civil service rules and regulations. L.1966, c. 178, s. 6, eff. June 18, 1966.

N.J. Stat. § 30:9-12.28 Investigation of patients' financial circumstances by county welfare board

The board of managers may designate the county welfare board to investigate the patients' financial circumstances or of those legally responsible for said patients' maintenance. L.1966, c. 178, s. 7, eff. June 18, 1966.

N.J. Stat. § 30:9-12.29 Short title

This act shall be known as the "Public General Hospital Assistance Act." L.1977, c. 289, s. 1, eff. Dec. 1, 1977.

N.J. Stat. § 30:9-12.30 Legislative findings

The Legislature hereby finds that: a. Certain public general hospitals in this State provide essential health care and special services not provided by any other health care facility available to the whole population. b. Provision of such necessary care without adequate compensation places a severe strain on hospital budgets, limiting expenditures for improved operating efficiencies, and increasing the cost of borrowed funds. c. The primary responsibility for providing essential health care services for those who cannot afford it rests with State and local government. d. A small number of public general hospitals in the State bear a disproportionate share of providing medical and health care facilities or of providing services for indigent patients. e. Effective hospital management requires that the nature and level of any assistance be known before budgeting and capital planning decisions are made. L.1977, c. 289, s. 2, eff. Dec. 1, 1977.

N.J. Stat. § 30:9-12.31 Definitions

As used in this act: a. "Nonthird party patient" means a hospital in-patient receiving acute care whose hospital expenses are not paid primarily by a third-party payor, and who is a resident of this State. b. "Third-party payor" means an insurance company, medical insurance plan, health and welfare plan, or governmental medical assistance program which has assumed primary responsibility for the hospital expenses of a hospital in-patient. c. "Hospital" means any public general hospital maintained pursuant to P.L.1947, c. 34, s. 1 (C. 30:9-12.1) and R.S. 30:9-13 by a county or municipality and operated and licensed by the State as a general acute care facility, as defined by Department of Health licensure standards, but shall not include any hospital owned and operated by the State. d. "Commissioner" means the Commissioner of the Department of Health. e. "Capital expenditure" means an expenditure for an improvement or purpose having a period of usefulness of 3 years or more. L.1977, c. 289, s. 3, eff. Dec. 1, 1977.

N.J. Stat. § 30:9-12.32 Information to be submitted by hospitals

From time to time, as determined by the commissioner, but not less than quarterly, each hospital seeking assistance under this act shall submit to the commissioner the following information: a. The total number of patient-days of in-patient service provided by the hospital to all patients; b. The number of patient-days of in-patient service provided by the hospital to nonthird party patients; c. Such information as the commissioner may require in order to determine that health care and services provided by the hospital to nonthird party patients are reasonable and necessary; d. Such information as the commissioner may require in order to determine that the hospital is making its best efforts to collect accounts receivable from nonthird party patients, who are not medically indigent as defined by the commissioner; e. Such information as the commissioner may require in order to determine that charges imposed upon nonthird party patients by the hospital do not exceed the reasonable cost of health care services provided; and f. Such information as the commissioner may require in order to determine that charges imposed upon nonthird party patients are proportional to such patients' ability to pay. g. Such information as the commissioner may require in order to determine whether the current liabilities of the hospital exceed its cash balance in such manner or proportion as to render the hospital financially distressed. L.1977, c. 289, s. 4, eff. Dec. 1, 1977. Amended by L.1981, c. 26, s. 1, eff. Feb. 9, 1981.

N.J. Stat. § 30:9-12.33 Determination of fulfillment of conditions; contracts with public general hospital and local government; schedule; provisions

a. The commissioner shall determine whether: (1) The calculation by the hospital of total patient-days and nonthird party patient-days is accurate; (2) The medical and hospital care and services provided nonthird party patients are reasonable and necessary; (3) The hospital is making its best efforts to collect accounts receivable from nonthird party patients who are not medically indigent as defined by the commissioner; (4) The charges imposed upon nonthird party patients by the hospital do not exceed the reasonable cost of health care services provided; and (5) The charges imposed upon nonthird party patients are proportional to such patients' ability to pay; (6) The current liabilities of the hospital exceed its cash balance in such manner or proportion as to render the hospital financially distressed. b. Upon determination that all of the conditions in subsection a. (1-5) have been satisfied, the commissioner is authorized to enter into contracts with public general hospitals, together with the municipality or county by which the hospital is maintained or operated, according to the following schedule: (1) Where the number of nonthird party patient days is less than 10% of the total number of patient days actually provided by the hospital, no payment shall be made; and (2) Where the number of nonthird party patient days exceeds 10% of the total number of patient days actually provided by the hospital, payment shall be made under one of the following formulas: (a) Where the Medicaid reimbursement for the hospital is based on a per diem rate system, payment shall be made at the rate of 100% of the final current Medicaid per diem rate for all nonthird party patient days in excess of 3% of such total. (b) Where the Medicaid reimbursement for the hospital is based on a system other than a per diem rate, payment shall be made at the rate of 100% of the total costs of services rendered, calculated at the Medicaid rate, to nonthird party patients, multiplied by the ratio of the percentage of nonthird party patient days, of the total number of actual patient days, minus 3% to the percentage of nonthird party patient days, of the total number of patient days. c. Upon the commissioner's determination that a hospital, which has received assistance pursuant to the "Public General Hospital Assistance Act," P.L.1977, c. 289 (C. 30:9-12:29 et seq.), meets the condition described in subsection a. (6) of this section, the commissioner is authorized to enter into contracts with such public general hospital, together with the municipality or county by which the hospital is maintained or operated, for assistance in an amount consistent with a formula developed by the commissioner based on the hospital's financial needs, available assets and potential operating deficiencies, but not less than the amounts appropriated pursuant to this act for the benefit of such hospital during fiscal year 1979. Such assistance shall be conditioned on receipt from the county of not less than $1.1 million and from the municipality of not less than $2 million for the management and operation of the hospital for each fiscal year after their fiscal year 1980. d. Such contracts shall provide that: (i) The hospital receiving assistance agrees to an annual audit of all expenditures by the hospital, according to procedures established by the commissioner in consultation with the State Treasurer; (ii) The hospital receiving assistance agrees to cooperate fully in any review by the commissioner or his designee of operating procedures or management. e. Such contracts may provide that: (i) Certain services provided by the hospital be maintained, increased, modified, or continued; provided, however, that no additions or modifications may be imposed if the effect of such additions or modifications would be to increase the total cost of uncompensated services provided by the hospital; (ii) Specific changes in management or operating procedures, which the commissioner has determined will improve efficiency, be implemented; and (iii) The municipality or county by which the hospital is maintained issue or cause to be issued bonds in order to provide capital improvements to increase operating efficiency. No such provisions, however, shall be construed to require such an issue unless such an issue is authorized by law. f. The commissioner shall promptly negotiate all necessary contracts in order that the purposes of this act may be fulfilled to provide assistance to qualifying public general hospitals. L.1977, c. 289, s. 5, eff. Dec. 1, 1977. Amended by L.1981, c. 26, s. 2, eff. Feb. 9, 1981.

N.J. Stat. § 30:9-12.34 Board of managers of institution receiving funds; additional members; appointment; reconstitution of financially distressed hospital

a. Notwithstanding the provisions of P.L.1947, c. 34, s. 2 (C. 30:9-12.2) and R.S. 30:9-14, the Governor shall appoint two individuals to serve as representatives of this State on the board of managers of any institution receiving funds pursuant to the provisions of this act, and the appointing authority pursuant to the provisions of said P.L.1947, c. 34, s. 2 (C. 30:9-12.2) and of R.S. 30:9-14 shall appoint two members to serve as representatives of the municipality or the county on the board of managers of such an institution. Such four additional members shall be in addition to and shall have the same powers and duties as the seven members appointed pursuant to P.L.1947, c. 34, s. 2 and the 12 members appointed pursuant to R.S. 30:9-14, and shall serve during each State fiscal year in which funds are appropriated pursuant to this act and during the fiscal year next following such appropriation. b. When the commissioner makes a determination pursuant to subsection a.(6) of section 5 of this act, the Governor may, acting on behalf of the public and in order to carry out the express public purposes of the institution, reconstitute the existing board of managers and appoint all members and fix their compensation. The State shall not be responsible for any debts of such hospital, notwithstanding the reconstitution of the board of managers. L.1977, c. 289, s. 6, eff. Dec. 1, 1977. Amended by L.1981, c. 26, s. 3, eff. Feb. 9, 1981.

N.J. Stat. § 30:9-12.35 Duties and powers of commissioner

The commissioner is directed to enter into contracts and to make payments subject to available appropriations and is empowered to issue all necessary rules, regulations, and administrative orders, and to do or cause to be done all things necessary to implement and administer this act. L.1977, c. 289, s. 7, eff. Dec. 1, 1977.

N.J. Stat. § 30:9-13 Power to establish municipal hospitals; executive officer

Every municipality may from time to time acquire, operate and maintain one or more hospitals for sick and injured persons, and for that purpose may acquire lands and buildings by condemnation or otherwise, construct and reconstruct buildings, make additions thereto and equip the same. Such municipality shall have power to employ an executive to operate and manage such hospital for a term not to exceed five years at a salary to be fixed in the resolution of appointment which resolution shall outline the duties and powers of such executive officer.

N.J. Stat. § 30:9-14 Board of managers

a. The governing body of any municipality establishing and maintaining a hospital or hospitals under authority of section 30:9-13 of this Title shall have power to appoint a board to manage and operate its hospitals established pursuant to section 30:9-13 of this Title. The board shall consist of 12 persons, 10 of whom shall be citizens and residents of the municipality, who shall serve without compensation; 3 of whom shall be appointed for a term of 2 years, 3 of whom shall be appointed for a term of 3 years, and 4 of whom shall be appointed for a term of 4 years. Thereafter, all appointments shall be made for terms of 4 years. All appointed members shall serve after the expiration of their terms until their respective successors are appointed and shall qualify, and any vacancy occurring in the appointed members of the board, due to expiration of term or otherwise, shall be filled in the same manner as the original appointment, for the unexpired term only, notwithstanding that the previous incumbent may have held over and continued in office as aforesaid. The board members may be reimbursed for actual expenses incurred in the performance of their official duties. The chief executive of the municipality and the officer having charge of its finances shall be ex officio members of the board. b. At its organization meeting the board shall annually elect a chairman, a vice-chairman, a secretary and a treasurer, who shall hold office until February 1 next ensuing, and until their respective successors have been elected and qualify. The treasurer may be an ex officio member of the board. The treasurer shall file a bond of indemnity with the board in an amount sufficient to cover the moneys from time to time under his custody and control. Such moneys shall be deposited to the account of the hospital in a separate bank account or accounts. c. The board or its members shall incur no expense or obligation in excess of the amount appropriated by the governing body for expenditure by them and of hospital funds subject to their disposition. Moneys borrowed under subsection f. for the purposes of the board under subsection e. shall be deemed hospital funds for the purposes of this subsection. d. The governing body may remove a member for cause after public hearing, which removal shall be in accordance with the civil service and tenure of office laws in municipalities operating under such laws. Such removal shall be reviewable in the Superior Court by a proceeding in lieu of prerogative writ. e. The board shall have the following powers: (1) To exercise full and exclusive control over the hospital or hospitals owned by the municipality, but subject to State health and licensing laws; (2) To have a common seal and to alter the same in its discretion; (3) To sue and be sued as a public body, politic and corporate; (4) To enter into any and all contracts, execute any and all instruments and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the hospital, or to carry out any powers expressly granted in this section; (5) To do and perform any acts and things authorized by this act, through or by means of its own officers, agents and employees, or by contracts with any persons; (6) To make and enforce by-laws or rules and regulations for the business and affairs of the hospital and for the use, maintenance and operation of the hospital; (7) To fix the salaries of all employees and to create and establish such positions as may be necessary for the efficient operation of the hospital, and except as otherwise provided by section 30:9-13 of this Title and applicable law. All salaries shall be fixed as nearly as practicable in accordance with the schedule, if any, of the municipality for corresponding positions. Receipts and revenues of the hospital shall be retained and applied by the board for the purposes of the hospital. Prior to November 15 of each year, the board shall certify to the governing body any additional sums that may be necessary for the proper conduct of its work during the ensuing fiscal year, which shall include the following items: (a) Payment of wages and salaries of employees; (b) Purchase of materials and supplies; (c) Purchase of necessary equipment and services. f. The governing body shall annually appropriate such sums as it may deem necessary for said purposes within the amounts available therefor in accordance with applicable law. The board shall have the power to borrow money for any of its purposes. g. (1) Notwithstanding any thing to the contrary in any of the statutes or any provisions thereof, whenever the Commissioner of the Department of Health makes a determination pursuant to subsection a.(6) of section 5 of P.L.1977, c. 289 (C. 30:9-12:33), the Governor shall reconstitute the board of managers of the hospital by the appointment, with the advice and consent of the Senate; provided, however, that if no action has been taken within 45 days after the nominations for appointment have been submitted to the Senate, the nominations shall be deemed confirmed, of a board consisting of not less than five nor more than nine members, who shall receive reasonable compensation, as set by the Governor, and reimbursement of their expenses and who shall be appointed for terms not to exceed 5 years. The appointments of the reconstituted board shall be effective as of July 1, 1981. The existing board members shall continue to serve until the reconstituted board is appointed. (2) The reconstituted board shall have all the powers enumerated in subsection e. of this section and shall have power to appoint, retain and employ attorneys, with the approval of the Governor and the Attorney General. (3) Notwithstanding the provisions of Title 11 (Civil Service) or any other Title of the Revised Statutes, the board may appoint, remove, promote and transfer employees in the following positions, which shall be in the unclassified service: executive director, associate executive director, assistant executive director. (4) In addition, the board shall be responsible for conducting a study of the management, finances and governance structure of the hospital and of the most feasible means of restoring the hospital to an efficient and financially solvent operation. The recommendations of the reconstituted board concerning the future governance of the hospital and the borrowing of money, sale of property and investment of assets for the current or future management and operation of the hospital, including the reestablishment of the original board of managers, if the hospital no longer meets the condition described in subsection a.(6) of section 5 of P.L.1977, c. 289 (C. 30:9-12.33), shall be submitted to the governing body and the Governor. The governing body shall take all necessary and proper action to effectuate such recommendations. (5) Prior to November 15 of each year, the board shall certify to the governing body any additional sums that may be necessary for the proper conduct of its work during the ensuing fiscal year. The governing body shall appropriate such sums as the board has certified to be necessary within the amounts available in accordance with applicable law. (6) Upon the appointment of the reconstituted board, no action or proceeding in the nature of an attachment, garnishment or execution shall be commenced or maintained in the courts of this State against the hospital or its assets for a period of 1 year from the date of appointment of the board by the Governor. Amended by L.1953, c. 29, p. 539, s. 59; L.1971, c. 268, s. 1, eff. July 21, 1971; L.1981, c. 26, s. 4, eff. Feb. 9, 1981; L.1983, c. 62, s. 1, eff. Feb. 8, 1983.

N.J. Stat. § 30:9-15 Powers granted deemed additional

The powers granted by sections 30:9-13 and 30:9-14 of this title are in addition to the powers granted by other laws and said sections shall not limit or be limited by other laws granting similar powers.

N.J. Stat. § 30:9-16 Hospitals for indigent sick and disabled; establishment by cities

The governing body of any city whenever, in its judgment, the public needs require it, may establish and maintain therein a hospital which shall be devoted exclusively to the treatment and relief of the indigent sick and disabled of such city. All property acquired for such purpose shall belong to and be vested in such city. Such municipality, by its corporate name, shall and may sue and be sued in all courts and elsewhere, in all manner of actions, suits, complaints and demands whatsoever growing out of the creation and maintenance of such hospital. The annual tax levy of such city shall include the amount necessary for maintenance of the hospital.

N.J. Stat. § 30:9-17 Management of hospitals for indigent sick and disabled; rules and regulations; physicians, superintendents and other employees; no discrimination in admission or treatment of patient

The management and control of all hospitals established under authority of section 30:9-16 of this Title shall be vested in the board of health of the city or cities wherein any such hospital has been or may be established, which board shall have power, from time to time, to make such rules and regulations as it may deem necessary or proper for the efficient management of such hospitals and the conduct of the affairs thereof; but no rule or regulation so made shall allow any preference to be shown in the admission of patients to such hospitals or in granting relief to the sick or distressed on account of difference in race, creed, color, national origin or ancestry of applicants for admission to or treatment in such hospitals. Such board of health shall have power to appoint such physicians and surgeons, superintendents and matrons, assistants and servants as the demands of such hospitals may require. Amended by L.1945, c. 173, p. 602, s. 1.

N.J. Stat. § 30:9-18 Improvement, reconstruction and repair of city hospitals

Whenever the municipal board or body in charge of a hospital established under section 30:9-16 of this title shall pursuant to resolution duly passed, certify by its secretary or clerk to the governing body of the city that in its judgment the hospital buildings or property are insanitary, improper or inadequate, the governing body may repair, reconstruct or otherwise improve the same and make alterations and additions required to provide proper hospital accommodations for hospital purposes in such cities. Such improvement shall not be mandatory unless in the judgment of the governing body the work is necessary and the finances of the city will permit it to be done.

N.J. Stat. § 30:9-19 Loans to meet expenditures; bonds; expenditures for furnishings and equipment

A city through its governing body may from time to time or at once, as may be deemed most advantageous, borrow the money necessary to reconstruct, repair and improve a hospital as authorized by section 30:9-18 of this Title and may for that purpose issue bonds in a sum not exceeding three hundred thousand dollars. Out of the proceeds the city may expend a sum not exceeding twenty-five thousand dollars for furnishing, refurnishing and equipping the buildings, property, apartments and appurtenances of the enlarged or reconstructed hospital. Amended by L.1938, c. 275, p. 596, s. 2, eff. May 25, 1938.

N.J. Stat. § 30:9-20 Additional city hospital accommodations; bonds; control and management

Whenever the municipal board, body or authority having control of the finances of any city shall determine that new or additional hospital accommodations are required in such city, such board, body or authority may issue bonds, either registered or coupon, not exceeding an amount to be computed at the rate of three mills upon each dollar of valuation of real and personal property as last assessed in such city prior to the issue of such bonds, and sell such bonds, at private or public sale, to raise money to pay for the erection and construction and furnishing of new or additional hospital buildings and to purchase the land necessary for the same. All moneys received from the sale of such bonds shall be applied and used for the purposes herein enumerated, and for no other purpose. The lands to be purchased and the buildings to be erected pursuant to this section shall be purchased, erected and furnished by the board, body or authority having charge and control of the finances of such city; but when such new or additional buildings are completed and furnished, the same shall be under the control and management of the board or body having the control and management of the public hospitals in such city.

N.J. Stat. § 30:9-21 Bonds for new city hospitals in cities of the first class; issue and sale

Whenever, in the judgment of the municipal board or body having charge of the finances in any city of the first class, the buildings and property devoted to the use of a city hospital shall be deemed to be insanitary, improper or inadequate, such board or body may issue bonds, either registered or coupon, to an amount not exceeding three hundred thousand dollars, and to sell the same, at public or private sale, to raise money to pay for the erection and construction and furnishing of a new hospital building or buildings in place of the hospital building or buildings determined as aforesaid to be insanitary, improper and inadequate, and to purchase lands necessary for the same. All moneys received from the sale of such bonds shall be applied and used for the purposes herein enumerated, and for no other purpose.

N.J. Stat. § 30:9-22 Trustees of city hospitals in cities of first class; appointment; terms; bonds; powers and duties

Whenever the bonds authorized by section 30:9-21 of this title shall have been directed to be issued by the municipal board having charge of the finances in any such city, the mayor of such city may appoint a board of trustees of such city hospital, which board shall consist of five persons residents of such city, at least two of which shall be physicians in good standing. The mayor of such city shall be ex officio a member of such board of trustees. The trustees first appointed shall serve for the term of one, two, three, four and five years respectively, and upon the expiration of their respective terms of office the mayor of such city shall appoint their successors for the full term of five years. Each of such trustees shall give bond in the sum of ten thousand dollars for the faithful performance of their duties. The board of trustees appointed as aforesaid shall be vested with and shall perform all the powers and duties in relation to the management and control of city hospitals in such city as were or are vested in or performed by the municipal board or body having charge and control of any such hospital in such city at the time of the appointment of such board of trustees as aforesaid, and such board of trustees so appointed shall have general charge and control of all city hospitals in any such city from the time of their appointment, and of the new city hospital authorized by section 30:9-21 of this title, when erected, and such board of trustees shall have power to appoint and hire clerks, servants and other necessary employees and fix their salaries, and to make proper rules and regulations for the government of such city hospitals, and generally to do all things necessary for the maintenance of such city hospitals in such city.

N.J. Stat. § 30:9-23 Purchase of lands and erection of buildings for new city hospitals in cities of first class; contracts

The lands to be purchased and the building or buildings to be erected pursuant to section 30:9-21 shall be purchased, erected and furnished by the board of trustees appointed pursuant to section 30:9-22 of this title, and the money arising from the sale of the bonds hereinbefore authorized shall be placed to the credit of such board of trustees, to be expended for the purposes aforesaid. All work and labor done and materials furnished in the erection and furnishing of such buildings shall be done and furnished by contract, which contract shall be awarded upon at least two weeks' advertisement in two newspapers circulating within the county in which such hospital buildings shall be erected, to the lowest responsible bidder or bidders for the same; and such contract shall be awarded by such board of trustees, with the concurrence of the mayor of such city and of the municipal board or body in such city having charge and control of the finances of such city.

N.J. Stat. § 30:9-23.1 Medical director, supervisor of nurses and purchasing agent for all county and municipal hospitals or institutions in certain counties; salaries; qualifications of director

Whenever a city of the first class has established or establishes a city hospital or medical center with a capacity of more than one thousand beds and the said city of the first class is located in a county of the first class which has established or establishes hospitals and institutions rendering medical care, the governing bodies of the county and municipality, in the management of their respective hospitals may jointly agree to appoint a medical director who shall have supervision over all the county and municipal hospitals, centers, or institutions which render medical treatment or care to patients, a supervisor of nurses, a purchasing agent and any other persons as said governing bodies may deem necessary in order to render joint service to the county and municipal hospitals, centers or institutions, and may make and enter into any joint contracts for the maintenance or proper repair of the buildings, facilities and equipment thereof and for the furnishing of material and labor. The said governing bodies shall fix or regulate the salaries to be paid, determine the proportion to be paid by the county and the municipality and shall have the power to make any and all other necessary agreements and contracts to carry out the purposes of this act. The person so appointed as medical director shall have the following qualifications: he must be a graduate of a recognized medical college, holding a diploma therefrom; must be admitted to practice as a physician, and must have been practicing medicine or associated with medical institutions, or both, for a period of at least fifteen years. L.1941, c. 52, p. 134, s. 1. Amended by L.1943, c. 56, p. 252, s. 1.

N.J. Stat. § 30:9-23.2 Powers and duties of medical director

Notwithstanding anything to the contrary in any of the statutes or any provisions thereof, should a city and a county of the first class jointly appoint a medical director under the provisions hereof, the said medical director shall have supervision of all the medical boards, boards of managers, hospital committees, advisory boards or any other boards now or hereafter in charge of the medical institutions, in the city and county, and he is herewith cloaked with the authority of supervising all of the said medical institutions of which he shall be appointed as medical director with the right and power to approve and reject any acts of said boards or officials now acting or hereafter appointed to such medical boards, boards of managers, hospital committees, advisory boards, or any other boards. L.1941, c. 52, p. 134, s. 2.

N.J. Stat. § 30:9-23.3 Assistant; qualifications; compensation payable by whom

The said medical director when appointed jointly by the county and municipality under the provisions of this act shall have power to appoint one assistant who shall possess qualifications as those herein described as applicable for the appointment of a medical director. If the medical director appoints as his assistant a person who is now connected with the medical institutions of the county or the municipality, the compensation agreed to be paid to the said assistant shall be assumed and paid by the governing body under whom he is employed at the time of his appointment. If the assistant so appointed is not at the time of his appointment connected with either the medical institutions of the city or county, entering into the joint agreement, the county and the city shall each pay one-half of the compensation agreed to be paid to said assistant. L.1941, c. 52, p. 135, s. 3.

N.J. Stat. § 30:9-23.4 Clerical assistants; agreed compensation; suspension or dismissal

Notwithstanding anything to the contrary in any of the statutes or any provisions thereof, a medical director appointed hereunder may appoint clerical assistants, such as a secretary, stenographers and clerks, as he may deem necessary in order to carry out his duties properly as medical director, at a compensation to be jointly agreed upon between the county and the municipality and the salaries shall be equally borne and assumed by said county and municipality. The medical director shall also have the power to suspend, try, dismiss or remove any subordinate or employee who comes under his supervision after charges have been filed by him or his assistants, in writing. All such subordinates or employees may be removed only after public hearing and provided the action is taken in accordance with the civil service and tenure of office acts and such action shall be subject to review in the Superior Court by a proceeding in lieu of prerogative writ. L.1941, c. 52, p. 135, s. 4. Amended by L.1953, c. 29, p. 539, s. 60.

N.J. Stat. § 30:9-23.5 Pension funds; persons paid partly by county and partly by municipality; transfer of credits

Any person heretofore or hereafter appointed pursuant to the act of which this act is a supplement whose compensation is paid partly by the county and partly by the municipality, shall, by reason of such appointment, immediately become entitled to participate in all benefits of the respective retirement systems and pension funds of such county and municipality based upon the financial contributions by such person made to such retirement systems or funds. If such person, at the time of such appointment, is already a member of either a county or municipal retirement system or fund, and as such is entitled to benefits under such retirement system or fund, and shall desire to transfer any portion of such benefits either from a county retirement system or fund to a municipal retirement system or fund, or from a municipal retirement system or fund to a county retirement system or fund, such person under the direction of the administrative heads of such two systems or funds may cause any financial credits to which he may be entitled in either one of said retirement systems or funds, to be transferred to the other retirement system or fund and thereafter shall enjoy the benefits arising out of such credits thus transferred, in the retirement system or fund to which they have thus been transferred, in the same manner as if they had originally accrued therein; credits thus transferred to be deducted in the system or fund in which they originated and the benefits of such person in such original system or fund to be reduced accordingly. L.1943, c. 58, p. 255, s. 1.

N.J. Stat. § 30:9-23.6 Affiliation of hospitals with medical and dental colleges

The board of chosen freeholders of any county or the governing body of any municipality, wherein a public hospital is located under the control of the said board or governing body, pursuant to chapter 9 of Title 30 of the Revised Statutes, or any other law, is authorized to contract for the affiliation of such hospital with any corporation licensed in this State to conduct a college of medicine or a college of medicine and dentistry. L.1955, c. 22, p. 73, s. 1.

N.J. Stat. § 30:9-23.7 Contract provisions

Any such contract may provide: (a) for the designation of the hospital or parts thereof as a teaching hospital and for access thereto by the faculty and qualified students of the college and for the use of the facilities of the hospital for teaching purposes; (b) for such term, conditions and provisions as may be proper for the effectual establishment and maintenance of the affiliation, including the right of the college to certify to the board of chosen freeholders or the governing body of the municipality, as the case may be, the names of the persons constituting and to constitute the professional staff of the hospital and of its services and clinics and of the medical director and the administrator of the hospital and for the appointment to the respective offices or positions by the board of chosen freeholders or the governing body of the municipality, as the case may be, of the persons so certified; (c) for the administration, management and supervision of the operation of the whole or any part of the hospital and of its activities and services by the said corporation; (d) for the furnishing of all or any part of the laboratory services or other services reasonably necessary or desirable in conducting a hospital and for the conducting of studies, research and investigation into the causes, methods of diagnosis, treatment, prevention and cure of diseases, ailments and injuries; (e) for the care of indigent patients of the hospital, including in-patients and out-patients, and for home care and emergencies. L.1955, c. 22, p. 74, s. 2.

N.J. Stat. § 30:9-23.8 Lease of equipment or space

The board of chosen freeholders of any county or the governing body of any municipality, wherein such public hospital is located, is authorized to contract with any such corporation for the sale, lease or permission to use any equipment, facilities or unused space of such hospital reasonably required by the said college in the performance of its teaching and research functions or in the performance of functions required to be performed by it under any other contract authorized by this act. Any such lease or permission to use may be made for a nominal price or rental while such facilities, services or space is used by the said college for the purpose of promoting the health and general welfare of the county or municipality. L.1955, c. 22, p. 74, s. 3.

N.J. Stat. § 30:9-23.9 Sharing of facilities and costs

Any contract authorized by this act may provide for the sharing of hospital facilities and services and of the cost or expense of such facilities and services as may be reasonably required in the performance of said contract or agreement. L.1955, c. 22, p. 75, s. 4.

N.J. Stat. § 30:9-23.10 Duration of contracts and leases

Any contract, agreement or lease authorized by this act may be entered into for a term not to exceed 50 years. L.1955, c. 22, p. 75, s. 5.

N.J. Stat. § 30:9-23.11 Additional authority--Advertising, bids, security

The authority conferred by this act in the case of any municipality shall be in addition to the authority of the municipality to contract for the rendering of services pursuant to section 40:48-5 of the Revised Statutes, but in the case of any county or municipal contract, agreement or lease under this act, neither advertising, public bidding nor security shall be required. L.1955, c. 22, p. 75, s. 6.

N.J. Stat. § 30:9-23.12 Rights of employees

No contract, agreement or lease authorized by this act shall deprive any employee of the county or municipality of any civil service status or rights, tenure or pension rights. L.1955, c. 22, p. 75, s. 7.

N.J. Stat. § 30:9-23.13 Board of managers--Power and authority

Where the board of chosen freeholders of any county, or the governing body of any municipality, has appointed a board of managers of any hospital pursuant to chapter 9 of Title 30 of the Revised Statutes, the board of managers, with the consent and approval of the board of chosen freeholders or the governing body of the municipality, shall, as to all matters and things under their jurisdiction and control, be vested with the power and authority granted under this act and may make and perform contracts, leases or agreements authorized by this act, subject to the said consent and approval of the board of chosen freeholders or the governing body of the municipality. L.1955, c. 22, p. 75, s. 8.

N.J. Stat. § 30:9-23.14 Powers granted by other laws

The powers granted under this act are in addition to any powers granted by other laws and the sections of this act shall not limit or be limited by other laws granting similar powers. L.1955, c. 22, p. 76, s. 9.

N.J. Stat. § 30:9-23.15 Short title.

1. Sections 1 through 9 of P.L.2006, c.46 (C.30:9-23.15 et al.), and section 7 of P.L.2016, c.55 (C.30:9-23.24) shall be known and may be cited as the " Local Hospital Authority Law." L.2006, c.46, s.1; amended 2016, c.55, s.1.

N.J. Stat. § 30:9-23.16 Charitable transfer to authority.

2. The transfer of a hospital to an authority by a charitable nonprofit entity pursuant to this act shall be deemed to be in furtherance of such entity's charitable purposes. L.2006,c.46,s.2.

N.J. Stat. § 30:9-23.17 Definitions relative to local hospital authorities.

3. For the purposes of this act: "Acquisition" means the receiving, by purchase, gift, or otherwise, of all or any part of the assets and liabilities of a hospital located within a city through a contract or other agreement requiring at least $12 million in working capital contributions from either the prior owner thereof or another nongovernmental source, as certified by the Local Finance Board in the Department of Community Affairs. "Authority" or "local hospital authority" means a municipal hospital authority or a county hospital authority created pursuant to section 4 of P.L.2006, c.46 (C.30:9-23.18). "Bonds" means bonds issued by an authority pursuant to P.L.2006, c.46 (C.30:9-23.15 et al.). "Chief executive officer of the county" means the county executive or the president of the board of chosen freeholders, as appropriate to the form of government of a county. "City" means a city that is classified for legislative purposes pursuant to N.J.S.40A:6-4 and which adopts an ordinance creating a municipal hospital authority pursuant to P.L.2006, c.46 (C.30:9-23.15 et al.). "County" means a county that, by ordinance or resolution, as appropriate, creates a county hospital authority pursuant to section 4 of P.L.2006, c.46 (C.30:9-23.18). "County hospital" means a hospital that is owned , operated, or maintained by or on behalf of a county or by or on behalf of a county hospital authority, which hospital makes available at least 800 beds for long term care, acute care, or behavioral health care patients, or any combination thereof. "Governing body" means a governing body as defined in the "Local Fiscal Affairs Law," N.J.S.40A:5-1 et seq. "Hospital" means an institution licensed and classified as a general hospital by the Commissioner of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) and N.J.A.C.8:43G-1 et seq., notwithstanding that the general hospital also may be licensed to provide inpatient psychiatric or comprehensive rehabilitation hospital services, or other related services. "Local Finance Board" means the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs. "Manager" means the management entity or entities hired by an authority to manage and operate a hospital, or any portion of a hospital. "Notes" means notes issued by the authority pursuant to P.L.2006, c.46 (C.30:9-23.15 et al.). "Operate and maintain" means overseeing the management and operation of a hospital, or managing and operating a hospital; overseeing capital improvements and purchases of equipment related to the operation, maintenance, expansion, renovation, or rehabilitation of a hospital; and overseeing the provision of working capital for operation of a hospital, along with any required costs of issuing any bonds or notes therefor. L.2006, c.46, s.3; amended 2016, c.55, s.2.

N.J. Stat. § 30:9-23.18 Creation of hospital authority.

4. a. (1) The governing body of a city may create, by ordinance, a body corporate and politic to be known as the " . . . . Municipal Hospital Authority," inserting the name of such city. The authority shall constitute an agency and instrumentality of the city creating it. (2) The governing body of a county that owns a county hospital may create by ordinance or resolution as appropriate, a body corporate and politic to be known as the " . . . . County Hospital Authority," inserting the name of the county. The authority shall constitute an agency and instrumentality of the county creating it. (3) A governing body of a city or county creating a local hospital authority shall have power from time to time and for such period and upon such terms, with or without consideration, as may be provided by such resolution or ordinance and accepted by the authority: (a) to appropriate moneys for the purposes of the authority, and to loan or donate such money to the authority in such installments and upon such terms as may be agreed upon with the authority, (b) to covenant and agree with the authority to pay to or on the order of the authority annually or at shorter intervals as a subsidy for the promotion of its purposes not exceeding such sums of money as may be stated in such resolution or ordinance or computed in accordance therewith, and (c) upon authorization by it in accordance with law of the performance of any act or thing which it is empowered by law to authorize and perform and after appropriation of the moneys (if any) necessary for such performance, to covenant and agree with the authority to do and perform such act or thing and as to the time, manner and other details of its doing and performance, and, in accordance with the limitations and any exceptions thereto and in the manner or mode of procedure prescribed by the local bond law to incur indebtedness, borrow money and issue its negotiable bonds for the purpose of financing such project and appropriation, and to pay the proceeds of such bonds to the authority. b. A local hospital authority created pursuant to this section shall be subject to the procedures of the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.), and shall operate pursuant to the provisions of that law, except as otherwise provided in P.L.2006, c.46 (C.30:9-23.15 et al.). The sole purpose of a municipal hospital authority shall be to carry out an acquisition and to operate and maintain a hospital. The sole purpose of a county hospital authority shall be to operate and maintain a county hospital. Nothing in P.L.2006, c.46 (C.30:9-23.15 et al.) or any other State statute or regulation shall require that a county hospital authority hold any facility license to accomplish any of the objectives of P.L.2006, c.46 (C.30:9-23.15 et al.) or for a hospital to be designated a "county hospital" or to prohibit the right to apply for a license by any operator. Further, nothing herein or any action taken in accordance with P.L.2006, c.46 (C.30:9-23.15 et al.) shall affect a county hospital's designation or ability to operate, manage, or obtain reimbursement as a county hospital, as provided by New Jersey law. c. Except as otherwise limited by P.L.2006, c.46 (C.30:9-23.15 et al.), the authority shall have power: (1) To finance and implement the acquisition of a hospital and to operate and maintain a hospital; (2) To sue and be sued; (3) To have an official seal and alter it at pleasure; (4) To make and alter bylaws for its organization and internal management and for the conduct of its affairs and business; (5) To maintain an office at a place within the State as it may determine; (6) To acquire, hold, use, and dispose of its income, revenues, funds, and moneys; (7) To acquire, lease as lessee or lessor, rent, hold, use, and dispose of real or personal property for its purposes; (8) To borrow money and to issue its negotiable bonds or notes and to secure them by a mortgage on its property or any part thereof, or by a pledge of its revenues, and otherwise to provide for and secure the payment of them and to provide for the rights of the holders of the bonds or notes; (9) To make and enter into all contracts and agreements that are necessary or incidental to the performance of its duties and the exercise of its powers under this act; (10) To establish, acquire, construct, rehabilitate, repair, improve, own, manage, operate, and maintain a hospital, or oversee the management and operation of a hospital, and let, award and enter into construction contracts, purchase orders and other contracts with respect to a hospital as the authority shall determine; (11) To fix and revise from time to time, and charge and collect, rents, fees and charges for the use, occupancy or services of the hospital or any part thereof or for admission thereto, and for the grant of concessions therein and for things furnished or services rendered by the authority through a hospital; (12) To function as the hospital governing body responsible for approving hospital-wide policy, establishing and enforcing rules, regulations and bylaws for the use or operation of the hospital or the conduct of its activities, maintaining quality of care, and providing institutional management and planning, which functions may be delegated or assigned to another entity, so long as the authority retains direct oversight over the entity; (13) Subject to any agreement with bondholders or noteholders, to invest moneys of the authority not required for immediate use, including proceeds from the sale of any bonds or notes, in obligations, securities and other investments the authority deems prudent; (14) To contract for and to accept any gifts or grants or loans of funds or property or financial or other aid in any form from the United States of America or any agency or instrumentality thereof, or from the State or any agency, instrumentality or political subdivision thereof, or from any other source, including for-profit or nonprofit organizations or the general public, and to comply, subject to the provisions of this act, with the terms and conditions thereof; (15) Subject to any agreements with bondholders or noteholders, to purchase bonds or notes of the authority out of any funds or money of the authority available for those purposes, and to hold, cancel or resell the bonds or notes; (16) To appoint and employ an executive director and additional officers, who need not be members of the authority, and accountants, attorneys, financial advisors, or experts and any other officers, agents and employees as it may require and determine their qualifications, terms of office, duties and compensation, all without regard to the provisions of Title 11A, Civil Service of the New Jersey Statutes; (17) To do and perform any acts and things authorized by this act under, through, or by means of contracts, including through a joint venture, with a nonprofit or for-profit entity or entities; (18) To procure insurance against any losses in connection with its property, operations or assets in such amounts and from such insurers as it deems desirable; and (19) To do anything necessary or convenient to carry out its purposes and exercise the powers granted in P.L.2006, c.46 (C.30:9-23.15 et al.). L.2006, c.46, s.4; amended 2016, c.55, s.3.

N.J. Stat. § 30:9-23.19 Governing board of authority.

5. a. A local hospital authority shall be governed by an 11-member board. The members shall be divided among four classes. (1) The Class I member of a municipal hospital authority shall be the mayor of the city, or his designee, ex officio. The Class I member of a county hospital authority shall be the chief executive officer of the county, or his designee, ex officio. (2) There shall be two Class II members of a local hospital authority, who shall serve on, and be appointed by, the medical staff executive committee of the hospital, to terms concurrent with their membership on the executive committee, and who need not be residents of the city or county. (3) There shall be six Class III public members of a local hospital authority, at least four of whom shall be residents of the city or county, but none of whom shall be officers or employees of the city or county or of the manager. (a) The Class III public members of a municipal hospital authority shall be appointed by the mayor of the city, with the advice and consent of the city council. At least two of the Class III members of a municipal hospital authority shall have special expertise as follows: one shall have extensive expertise in finance of private or nonprofit organizations, and one shall have extensive expertise in nonprofit organizational management. The Class III members shall serve for terms of five years and until their respective successors have been appointed and qualified; except that of the six members first appointed by the mayor, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and two for a term of five years. (b) The Class III public members of a county hospital authority shall be appointed as follows: five members shall be appointed by the chief executive officer of the county, with the advice and consent of the board of chosen freeholders; and one member shall be appointed by the Governor. At least two of the five Class III members of a county hospital authority appointed by the chief executive officer of the county shall have special expertise as follows: one shall have extensive expertise in finance, and one shall have extensive expertise in organizational management. The Class III members of a county hospital authority appointed by the chief executive officer of the county shall serve for terms of five years and until their respective successors have been appointed and qualified; except that initially, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years. The Class III member of a county hospital authority appointed by the Governor shall serve at the pleasure of the Governor, and shall be a physician who is licensed to practice medicine and surgery in the State and who is knowledgeable about, or has clinical experience in, the field of chemical dependency or addiction-oriented psychiatry. (4) There shall be two nonvoting Class IV members of a local hospital authority. The Commissioner of Community Affairs shall appoint two individuals as nonvoting Class IV members. (5) Vacancies shall be filled in the same manner as the original appointments were made, but for the unexpired term. b. Members of an authority shall not receive compensation for their services, but shall be entitled to reimbursement for actual expenses necessarily incurred in the discharge of the duties of membership, including travel expenses. The powers of the authority shall be vested in the members thereof in office from time to time. Five members shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and all other purposes. Action may be taken by the authority upon the affirmative vote of the majority, but not less than five of the members present, unless in any case the bylaws of the authority or State law or regulation shall require a larger number. c. The authority shall select a chairman and a vice-chairman from among its Class III public members, and may employ an executive director, who may be its secretary. d. Class II and Class IV members of the authority shall not be deemed to have an interest in the hospital solely by virtue of their membership on the medical staff of the hospital or their employment by or contract with a manager, and they shall not be subject to the provisions of subsections d. and e. of section 5 of P.L.1991, c.29 (C.40A:9-22.5) of the "Local Government Ethics Law." e. A member of an authority may be removed by the governing body or officer by which he was appointed for inefficiency or neglect of duty or misconduct in office; but only after the member has been given a copy of the charges at least 10 days prior to a hearing thereon and has had the opportunity to be heard in person or by counsel. In the event of a removal of any member of an authority, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk of the city, in the case of a municipal authority, or in the office of the clerk to the board of chosen freeholders, in the case of a county authority. L.2006, c.46, s.5; amended 2016, c.55, s.4.

N.J. Stat. § 30:9-23.20 Powers, duties of authority.

6. a. (1) A municipal authority shall exercise its powers and duties to manage and operate a hospital owned by it through a contract or contracts with a manager, which may be entered into without public advertising for bid as otherwise required pursuant to the provisions of section 3 of P.L.1971, c.198 (C.40A:11-3); provided, however, that the primary responsibility of operating the hospital shall remain that of the authority. (2) A county authority may exercise its powers and duties to manage, operate, and maintain a county hospital through a contract or contracts with a manager, which contract or contracts shall be entered into by competitive contracting pursuant to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.). b. (1) The initial duration of a contract entered into pursuant to paragraph (1) of subsection a. of this section shall not exceed five years. A contract entered into pursuant to paragraph (1) of subsection a. of this section may be renewed for an additional period, not to exceed five years. A contract entered into pursuant to paragraph (1) of subsection a. of this section more than ten years from the date of the initial contract shall be negotiated as a new contract and not as a renewal contract. (2) The initial duration of a contract entered into pursuant to paragraph (2) of subsection a. of this section shall not exceed the term provided for in subsection (47) of section 15 of P.L.1971, c.198 (C.40A:11-15). c. A contract, or a renewal thereof, with a manager to manage and operate a hospital shall be effective only with the prior written consent of the Local Finance Board, which shall consult with the Commissioner of Health and Senior Services. The Local Finance Board shall establish an application procedure, submission requirements, and set minimum standards and content that shall be included in any contract with an entity to manage and operate a hospital. A contract with a manager shall provide that, in addition to such other matters as determined to be necessary by the authority or as otherwise required by law or regulation: (1) The authority or its agents, and the city or county or the agents of the city or county, shall have independent access to the books and records of the hospital at all times; (2) The Governor of the State of New Jersey shall appoint an individual to serve on the board of directors of the manager during the term of the contract, including renewals; and (3) Other than for routine, day-to-day business activities, the authority shall have the final determination regarding the acquisition and disposition of assets, or the incurring of debt or expenses. d. When contracting with a manager, the individuals that the manager proposes to designate as the hospital's chief executive officer and chief financial officer, by whatever title, and any change thereof, and all contracts or other arrangements setting forth terms and conditions of employment for those positions shall be subject to the approval of the authority. e. An authority shall take the following actions pursuant to any requirements that may be established by the Local Finance Board: (1) adopt a management plan for the hospital, including monitoring and review methods of financial activities; (2) set minimum requirements for meetings of the authority, and minimum attendance requirements for members; (3) establish a formal mechanism for communication among the members of the authority's board, hospital administrators and medical staff; (4) form a finance committee, which shall be responsible for the oversight of the finances of the authority, and delineate the duties and obligations of the finance committee; and (5) include minimum provisions that shall be included in a contract with a manager. Such provisions shall include the submission of an annual budget of the hospital and of the manager by the manager for the approval of the authority. The approval of these items shall be conditioned upon the approval of the authority's annual budget pursuant to the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.). The budget and any supporting documents as may be required by the Division of Local Government Services shall be submitted to the division as part of the submission of the authority's annual budget. L.2006, c.46, s.6; amended 2016, c.55, s.5.

N.J. Stat. § 30:9-23.21 Issuance of bonds, notes; contracts between local government and authority.

7. a. Bonds or notes issued under P.L.2006, c.46 (C.30:9-23.15 et al.) shall be issued and sold in the same manner, and subject to the same restrictions, as applicable to bonds of an authority authorized to be issued pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.), including specifically sections 25 through 33 (C.40:14B-25 through C.40:14B-33). An authority formed pursuant to P.L.2006, c.46 (C.30:9-23.15 et al.) shall be deemed to be a municipal authority for the purposes of sections 59, 62, 63, 64, and 65 of P.L.1957, c.183 (C.40:14B-59 and C.40:14B-62 through C.40:14B-65), and those sections shall be applicable to a local hospital authority and its bonds as authorized pursuant to P.L.2006, c.46 (C.30:9-23.15 et al.). P.L.2006, c.46 (C.30:9-23.15 et al.) shall be construed liberally to effectuate the legislative intent and as complete and independent authority for the performance by a local hospital authority of each and every act and thing herein authorized. For purposes of P.L.2006, c.46 (C.30:9-23.15 et al.), "costs" means, in addition to the usual connotations thereof, the cost of acquisition or construction of all or any part of a hospital and of all or any property, rights, easements, privileges, or agreements deemed by the authority to be necessary or useful and convenient therefor or in connection therewith, including interest or discount on bonds, cost of issuance of bonds, and legal expenses, cost of financial, professional and other estimates and advice, organization, administrative, operating and other expenses of the authority or of a hospital owned by the authority prior to and during such acquisition or construction, and all such other expenses as may be necessary or incident to the financing, acquisition, construction and completion of the hospital, or any part thereof, and the placing of the same in operation, and also such provision or reserves for working capital, operating, maintenance or replacement expenses or for payment or security of principal of or interest on bonds during or after such acquisition or construction as the authority may determine, and also reimbursements to the authority or the city or the county of any moneys theretofore expended for the purposes of the authority. In addition, the issuance of any bonds or other instruments by a local hospital authority shall be subject to the approval of the Local Finance Board in the Department of Community Affairs. b. Contracts entered into between a city and an authority, or a county and an authority, pursuant to P.L.2006, c.46 (C.30:9-23.15 et al.), may contain provisions as to the financing and payment of expenses to be incurred by the authority and determined by it to be necessary for its purposes. Every such contract shall be authorized and entered into under and pursuant to a resolution adopted by the authority and either an ordinance of the governing body of the city, or an ordinance or resolution of the governing body of the county, but the terms or text of the contract need not be set forth in full or stated in any such resolution or ordinance if the form of the contract is on file in the office of the municipal clerk or clerk to the board of chosen freeholders, as appropriate, and the place in fact of such filing is described in the resolution or ordinance. Any such contract may be made with or without consideration and for a specified or an unlimited time and on any terms and conditions which may be approved by or on behalf of the city or county and which may be agreed to by the authority in conformity with its contracts with the holders of any bonds or notes, and shall be valid whether or not an appropriation with respect thereto is made by the city or county prior to authorization or execution thereof. Every such city or county is hereby authorized and directed to do and perform any and all acts or things necessary, convenient or desirable to carry out and perform every such contract and to provide for the payment or discharge of any obligation thereunder in the same manner as other obligations of that city or county. c. The city or county may unconditionally guarantee the punctual payment of the principal of and interest on any bonds or notes issued by the authority, in the same manner, and subject to the same restrictions, as municipal guarantees of bonds of an authority authorized to be issued pursuant to the "Parking Authority Law," P.L.1948, c.198 (C.40:11A-1 et seq.). d. The provisions of N.J.S.40A:2-11 shall not apply to any bond ordinance of the city or county authorizing bonds pursuant to P.L.2006, c.46 (C.30:9-23.15 et al.). e. Notwithstanding any provision of P.L.2006, c.46 (C.30:9-23.15 et al.) to the contrary, any investments of money by the authority shall be made consistent with the provisions of N.J.S.40A:5-1 et seq. L.2006, c.46, s.7; amended 2016, c.55, s.6.

N.J. Stat. § 30:9-23.22 Construction of act.

8. Nothing in P.L.2006, c.46 (C.30:9-23.15 et al.) shall be construed to apply to a hospital operated by a municipality pursuant to the provisions of R.S.30:9-13. L.2006,c.46,s.8.

N.J. Stat. § 30:9-23.23 Transfer exempt, certain.

9. The transfer of a hospital to an authority pursuant to the provisions of P.L.2006, c.46 (C.30:9-23.15 et al.) shall be exempt from the provisions of section 2 of P.L.2000, c.143 (C.26:2H-7.11). L.2006,c.46,s.9.

N.J. Stat. § 30:9-23.24 Authority may enter into contract with private entity.

7. a. (1) A county hospital authority may enter into a contract with a private entity, subject to subsection f. of this section, to be referred to as a public-private partnership agreement, that permits the private entity to assume full financial and administrative responsibility for a project, provided that the project is financed in whole or in part by the private entity and that the county or the county hospital authority retains full ownership of the land upon which the project is completed. (2) As used in this section, "project" means the on-site construction, reconstruction, repair, alteration, improvement, extension, management, or operation of a building, structure, or facility of, or for the benefit of, a county hospital. (3) A public-private partnership agreement may include an agreement under which a county hospital authority leases to a private entity, in whole or in part, the operation of a revenue-producing facility of a county hospital to which the county or the county hospital authority holds title, in exchange for up-front or structured financing by the private entity for the construction of a building, structure, or facility of, or for the benefit of, the hospital. Under the lease agreement, the county or county hospital authority shall continue to hold title to the facility, and may continue to hold the license of the facility, and the private entity shall be responsible for the management, operation, and maintenance of the facility. A county or county hospital authority is permitted, in its discretion, to assign the right to apply for or acquire the license for the facility to the private entity, provided the county or county hospital authority obtains covenants and conditions from the private entity for the management, operation, or maintenance of the facility. The private entity shall receive some or all, as per the agreement, of the revenue generated by the facility and shall operate the facility in accordance with hospital standards. At the end of the lease term, subsequent revenue generated by the facility, along with management, operation, and maintenance responsibility, shall revert to the county or the county hospital authority. b. (1) A private entity that assumes financial and administrative responsibility for a project pursuant to subsection a. of this section shall not be subject to the procurement and contracting requirements of any statute applicable to a county hospital authority, including the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.). For the purposes of facilitating the financing of a project pursuant to subsection a. of this section, a public entity: (a) may become the owner or lessee of the project or the lessee of the land, or both, (b) may become the lessee of a revenue-producing facility to which the county or the county hospital authority holds title, (c) may issue indebtedness in accordance with the public entity's enabling legislation, and (d) notwithstanding any provision of law to the contrary, shall be empowered to enter into contracts with a private entity and its affiliates without being subject to the procurement and contracting requirements of any statute applicable to the public entity provided that the private entity has been selected by the county hospital authority pursuant to a solicitation of proposals or qualifications. (2) For the purposes of this section, a public entity shall include the New Jersey Health Care Facilities Financing Authority, and any project undertaken pursuant to subsection a. of this section of which the authority becomes the owner or lessee, or which is situated on land of which the authority becomes the lessee, shall be deemed a "project" under the "New Jersey Health Care Facilities Financing Authority Law," P.L.1972, c.29 (C.26:2I-1 et seq.). (3) As the carrying out of any project described pursuant to this section constitutes the performance of an essential public function, a project predominantly used in furtherance of the purposes of a county hospital authority undertaken pursuant to this section, provided it is owned by or leased to a public entity, non-profit business entity, foreign or domestic, or a business entity wholly owned by a non-profit business entity, shall at all times be exempt from property taxation and special assessments of the State, or any municipality, or other political subdivision of the State and, notwithstanding the provisions of section 15 of P.L.1974, c.80 (C.34:1B-15), section 2 of P.L.1977, c.272 (C.54:4-2.2b), or any other section of law to the contrary, shall not be required to make payments in lieu of taxes. The land upon which a project is located shall also at all times be exempt from property taxation. Further, the project and land upon which the project is located shall not be subject to the provisions of section 1 of P.L.1984, c.176 (C.54:4-1.10) regarding the tax liability of private parties conducting for profit activities on tax exempt land, or section 1 of P.L.1949, c.177 (C.54:4-2.3) regarding the taxation of leasehold interests in exempt property that are held by nonexempt parties. c. The general contractor, construction manager, design-build team, or subcontractor for a project proposed in accordance with this section shall be classified by the Division of Property Management and Construction to perform work on a public-private partnership hospital project. d. (1) Projects proposed in accordance with this section shall be submitted to the New Jersey Health Care Facilities Financing Authority for its review and approval and, when practicable, are encouraged to adhere to the Leadership in Energy and Environmental Design Green Building Rating System as adopted by the United States Green Building Council. (2) Where no public fund has been established for the financing of a public improvement, the chief financial officer of the public owner shall require the private entity for whom the public improvement is being made to post, or cause to be posted, a bond guaranteeing prompt payment of moneys due to the contractor, his or her subcontractors and to all persons furnishing labor or materials to the contractor or his or her subcontractors in the prosecution of the work on the public improvement. e. A general contractor, construction manager, design-build team, or subcontractor shall be registered pursuant to the provisions of P.L.1999, c.238 (C.34:11-56.48 et seq.), and shall be classified by the Division of Property Management and Construction to perform work on a public-private partnership hospital project. f. (1) All projects proposed in accordance with this section shall be submitted to the New Jersey Health Care Facilities Financing Authority for the authority's review and approval. The projects are encouraged, when practicable, to adhere to the green building manual prepared by the Commissioner of Community Affairs pursuant to section 1 of P.L.2007, c.132 (C.52:27D-130.6). (2) (a) In order for an application to be complete and considered by the authority, the application shall include, but not be limited to: (i) a public-private partnership agreement between the county hospital authority and the private developer; (ii) a full description of the project, including a description of any agreement for the lease of a revenue-producing facility related to the project; (iii) the estimated costs and financial documentation for the project; (iv) a timetable for completion of the project extending no more than five years after consideration and approval; and (v) any other requirements that the authority deems appropriate or necessary. (b) As part of the estimated costs and financial documentation for the project, the application shall contain a long-range maintenance plan and shall specify the expenditures that qualify as an appropriate investment in maintenance. The long-range maintenance plan shall be approved by the New Jersey Health Care Facilities Financing Authority pursuant to regulations promulgated by the authority that reflect national building maintenance standards and other appropriate building maintenance benchmarks. (3) The authority shall review all completed applications, and request additional information as is needed to make a complete assessment of the project. No project shall be undertaken until final approval has been granted by the New Jersey Health Care Facilities Financing Authority; provided, however, that the authority shall retain the right to revoke approval if it determines that the project has deviated from the plan submitted pursuant to paragraph (2) of this subsection. (4) The New Jersey Health Care Facilities Financing Authority may promulgate any rules and regulations necessary to implement this subsection, including provisions for fees to cover administrative costs. g. Where no public fund has been established for the financing of a public improvement, the chief financial officer of the public owner shall require the private entity for whom the public improvement is being made to post, or cause to be posted, a bond guaranteeing prompt payment of moneys due to the contractor, his or her subcontractors and to all persons furnishing labor or materials to the contractor or his or her subcontractors in the prosecution of the work on the public improvement. h. The provisions of P.L.2009, c.136 (C.52:18-42 et al.) shall not apply to any project carried out pursuant to this section. L.2016, c.55, s.7.

N.J. Stat. § 30:9-24 Maternity hospitals in counties of the first class; bond issue

The board of chosen freeholders of a county of the first class, whenever in its judgment the public need requires, may acquire land by purchase, condemnation, gift or otherwise anywhere within the county and erect thereon suitable buildings to be used as and for a maternity hospital. For the purpose of obtaining moneys to acquire the necessary land and to erect thereon such hospital buildings, and the furnishing and equipping of the same, the board of chosen freeholders of any such county may issue and sell the bonds of such county to an amount not to exceed one per centum of the ratables of such county, which bonds shall be issued under the provisions of article one of chapter one of the Title Municipalities and Counties. All necessary charges and expenses that may be incurred in conducting such hospital and in keeping the buildings in repair shall be paid by the board of chosen freeholders from funds raised or to be raised by taxation, as other county expenses are raised and paid. Amended by L.1938, c. 425, p. 1223, s. 1, eff. Dec. 23, 1938; L.1939, c. 340, s. 1, eff. Oct. 2, 1939.

N.J. Stat. § 30:9-25 Board of managers of maternity hospital; duties and powers

When a county maternity hospital shall have been built and is ready for occupancy, the director of the board of chosen freeholders shall with the consent and approval of the board, appoint a board of managers consisting of 5 members, residents of the county, 1 shall be appointed for a term of 1 year, 1 for 2 years, 1 for 3 years, 1 for 4 years and 1 for 5 years and their successors shall be appointed for a term of 5 years. A vacancy arising from any cause except expiration of term shall be filled by appointment in the same manner but for the unexpired term only. The members shall serve without compensation. The board of managers shall have the control and government of the hospital and the care and custody of the buildings; it may appoint and remove at pleasure a superintendent or warden, and such other officers and employees as it may deem necessary, and fix their compensation with the approval of the board of chosen freeholders, except that such employees who hold positions and employments in the classified service of Civil Service shall be subject to the provisions of subtitle 3 of Title 11 of the Revised Statutes; it may adopt and establish suitable by-laws with respect to the terms of admission, support and discharge of patients and such rules and regulations as it shall deem necessary. Amended by L.1959, c. 11, p. 64, s. 1, eff. March 9, 1959; L.1961, c. 89, p. 640, s. 1, eff. July 6, 1961.

N.J. Stat. § 30:9-25.1 Allocation of positions and employments to classified service

All positions and employments in county maternity hospitals, in counties of the first class, created pursuant to the provisions of section 30:9-24 of the Revised Statutes which can be allocated to the classified service, in accordance with the provisions of Title 11 of the Revised Statutes, shall be so allocated under appropriate titles by the Civil Service Commission and, hereafter, such positions and employments shall be subject to the provisions of subtitle 3 of Title 11 of the Revised Statutes. L.1959, c. 11, p. 65, s. 2.

N.J. Stat. § 30:9-25.2 Certification of names of employees to Civil Service Commission

Upon receipt from the Civil Service Commission of a list of the positions and employments so allocated to the classified service and their appropriate titles, the board of chosen freeholders of any county of the first class which has established a maternity hospital in accordance with the provisions of section 30:9-24 of the Revised Statutes shall certify to the Civil Service Commission within 30 days of receipt of such a list, the names of all those employees then employed in such county maternity hospital in such allocated positions and employments who have been employed for at least 1 year next preceding the effective date of this act. In lieu of such certification, the board of chosen freeholders, by resolution may authorize the certification to be made by the Board of Managers of such hospital. The employees so certified shall be recorded, under such titles, without examination, as having been permanently appointed in the classified service of Civil Service as of the date of their original appointment and shall thereafter be under and subject to the provisions of subtitle 3 of Title 11 of the Revised Statutes relating to the classified service. L.1959, c. 11, p. 65, s. 3.

N.J. Stat. § 30:9-26 Use of hospital; gynecologic service; charges

A maternity hospital established under section 30:9-24 of this Title shall be used exclusively for the care and treatment of persons in the county requiring the care and attention for which such hospital was intended whether such persons be indigent or nonindigent. Whenever in its judgment the public need requires, the board of chosen freeholders of the county by resolution may also authorize the establishment of a gynecologic service at such hospital for such indigent or nonindigent persons in addition to the obstetrical service. The board of managers may make reasonable charges for the care and treatment of nonindigent patients and moneys received therefor shall be turned over to the county treasurer who shall apply it to the appropriation for the maintenance of the hospital. Amended by L.1961, c. 90, p. 641, s. 1.

N.J. Stat. § 30:9-27 Contracts for mutual services between county and municipality

Whenever a county establishes a hospital under section 30:9-24 of this title adjacent to or near a municipal hospital, the county and municipality in the management of the respective hospitals may render one for the other such services as they may by contract agree upon. Such contract shall be in writing and shall be executed by the governing bodies or chief executive officers of the contracting parties; may be for a fixed or indefinite term; and may from time to time be amended by the contracting parties. Such contract shall fix or regulate the cost to be paid for such services; by whom to be paid; shall specify the duties to be performed by each of the contracting parties and shall contain such other provisions as the contracting parties may deem necessary. For the purpose of carrying the contract into effect, the contracting parties may acquire and hold in common any personal property useful or necessary in its proper execution.

N.J. Stat. § 30:9-27.1 Sale to municipality

Notwithstanding the provisions of section 13 of P.L.1971, c. 199 (C. 40A:12-13) or of any other law to the contrary, any county of the first class maintaining a maternity hospital established under R.S. 30:9-24, may, by resolution of the board of chosen freeholders, authorize the transfer and conveyance of the real property, capital improvements and personal property comprising the maternity hospital, at private sale and without consideration, to any municipality within the county maintaining a hospital for the sick and injured pursuant to article 2 of chapter 9 of Title 30 of the Revised Statutes. L.1974, c. 8, s. 1, eff. March 5, 1974.

N.J. Stat. § 30:9-27.2 Consolidation as separate department of municipal hospital; services for residents of county and municipality

Any municipality accepting the transfer and conveyance of the county maternity hospital, may consolidate the hospital as a separate department of its municipal hospital and provide maternity and gynecological services to both the residents of the municipality and the county. L.1974, c. 8, s. 2, eff. March 5, 1974.

N.J. Stat. § 30:9-27.3 Assumption and payment of deficits by county

Any contract or agreement between a county and a municipality providing for the transfer and conveyance of a county maternity hospital as authorized by this act, may require the county to assume and pay annually, any deficits that may be incurred by the consolidated hospital in providing maternity and gynecological services. Such deficits shall be paid by the county from funds raised or to be raised by taxation, as other county expenses are raised and paid. L.1974, c. 8, s. 3, eff. March 5, 1974.

N.J. Stat. § 30:9-27.4 Rights of county or municipal employees

No contract or agreement between a county and a municipality pursuant to this act shall deprive any county or municipal employee of any civil service status or rights, tenure or pension rights or rights stemming from labor agreements. L.1974, c. 8, s. 4, eff. March 5, 1974.

N.J. Stat. § 30:9-27.5 Limitation on payment of deficits by county; independent audits by county auditor

The liability of a county for annual operating deficits shall cease and terminate not later than 5 years from the making of the agreement between the municipality and the county. The auditor of the county may conduct independent audits of the consolidated hospital for the purpose of determining the amounts of any deficits incurred by the hospital during the said 5-year period in providing maternity and gynecological services pursuant to the agreement authorized by this act. L.1974, c. 8, s. 5, eff. March 5, 1974.

N.J. Stat. § 30:9-27.6 County employee transferred to municipal employment; membership in county pension fund

Any employee being transferred from county to municipal employment may retain membership in the county pension fund. If the employee elects to remain in the county pension fund, the municipality shall make the necessary pension deductions and remit same to the county pension fund. L.1974, c. 8, s. 6, eff. March 5, 1974.

N.J. Stat. § 30:9-57 Commitment for failure to observe rules

30:9-57. A person with communicable tuberculosis who fails to obey the rules or regulations promulgated in accordance with R.S.26:4-70 by the State Department of Health for the care of tubercular persons and for the prevention of the spread of tuberculosis, or who is an actual menace to the community or to members of his household, may be committed to a hospital or institution, designated by the State Commissioner of Health with the approval of the Commissioner of Human Services, for the care and custody of such person or persons, by the Superior Court, upon proof of service upon him of the rules and regulations and proof of violation thereafter, or upon proof by the health officer of the municipality in which the person resides, or by the State Commissioner of Health or his authorized representative, that he is suffering from tuberculosis, and is an actual menace to the community, or to members of his household. Two days' notice of the time and place of hearing shall in all cases be served upon the person to be committed. Proof of such service shall be made at the hearing. The court may also make such order for the payment for care and treatment as may be proper. The superintendent or person in charge of said hospital or institution to which such person has been committed shall detain said person until the State Commissioner of Health shall be satisfied that the person has recovered to the extent that he will not be a menace to the community or to members of his household or that the person will so conduct himself that he will not constitute such a menace. Amended 1942,c.224,s.1; 1948,c.42; 1953,c.29,s.63; 1977,c.63,s.19; 1991,c.91,s.332.

N.J. Stat. § 30:9-87 Joint purchases by health-care facilities

Notwithstanding the provisions of the "Local Public Contracts Law," P.L. 1971, c. 198 (C. 40A:11-1 et seq.) to the contrary, a hospital or institution for the aged and disabled operated under the authority of chapter 9 of Title 30 of the Revised Statutes by a county or municipality, or a county-operated facility licensed by the State Department of Health as a long term care facility, may enter into any contract and make any arrangement with any other such hospital or with any other State, federal or privately owned hospital, or any medical school, or other health related facility having or using hospital services or facilities for the joint purchase of any material, supply or service through a private nonprofit hospital association. L. 1985, c. 287, s. 1. Amended by L. 1987, c. 224, s. 1.

N.J. Stat. § 30:9-88 Public bidding exemption

Any purchase, contract or agreement described in section 1 of this act may be made, negotiated or awarded by the board of managers or the governing body of the facility without public advertising for bids and bidding therefor, except that the board of managers or the governing body of the facility shall pass a resolution supporting the reasons for its action, and immediately after awarding of the contract shall once in a newspaper authorized by law to publish official public notices in the municipality or the county in which the hospital or long term care facility is situated, publish a public notice with respect to the duration of the contract, to whom it has been awarded including the name of the primary supplier or manufacturer, the material, supply or service purchased, and the amount of the contract. A copy of the contract shall be provided to the clerk of the municipality or county in which the facility is located and shall be available for public inspection immediately after it has been awarded. L. 1985, c. 287, s. 2, eff. Aug. 14, 1985.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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