Donlon, Murphy bill would authorize patients with developmental disabilities to have a designee accompany them during their hospital stay
(TRENTON) – Working to ensure a level of support for hospital patients who are unable to advocate for themselves, the New Jersey General Assembly today passed Bill A2259. The legislation, sponsored by Assemblywomen Margie Donlon and Carol Murphy, is designed to strengthen protections for hospital patients with developmental disabilities.
The bill would authorize patients with developmental disabilities to have a designated family member, guardian, direct support professional, or other caregiver to accompany them in accordance with hospital policies necessary to ensure patient safety, privacy, infection control and clinical care.
“As a doctor, I know firsthand that quality care hinges on good communication between a patient and their healthcare team. Everyone deserves to have their needs met and their concerns addressed,” said Assemblywoman Donlon (D-Monmouth). “This bill is about empowerment, dignity, and peace of mind for these patients and their families. Having a designated person to support and advocate for patients with developmental disabilities will enormously benefit both the patient and the hospital.”
When patients are unable to self-advocate, this can lead to a higher risk of adverse events, unmet care needs and miscommunication about symptoms. Family members, guardians, and direct support professionals frequently serve as translators of behavior and needs, and advocate for pain, preference, or consent while the patient is receiving care.
“Every person, regardless of their level of ability, deserves to have a say in their medical care,” said Assemblywoman Murphy (D-Burlington). “By authorizing patients with developmental disabilities to have an advocate with them during their hospital stay, we are working to make sure their needs are met and their voices are heard.”
Under existing law, New Jersey’s Patient’s Bill of Rights guarantees respectful treatment, privacy, participation in care decisions, and family communication, but is silent on the presence of a caregiver for patients with disabilities, particularly under restrictive hospital visitation policies. This bill would codify caregiver access rights.
Under the bill, a patient may designate one caregiver at a time for the purposes of accompaniment.