A 5156

ASSEMBLY, No. 5156
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 28, 2026
Sponsored by:
Assemblyman� STERLEY S. STANLEY
District 18 (Middlesex)
SYNOPSIS
���� Establishes registration and operational requirements
for retail health clinics and urgent care facilities.�
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act concerning retail health clinics and urgent care
facilities and supplementing Title 26 of the Revised Statutes.
���� Be It
Enacted by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� As used in this act:
���� �Chief customer service
officer� means the individual at a retail health clinic or urgent care facility
who serves as the point of contact for consumer complaints, appeals, and
inquiries.�
���� �Commissioner� means the
Commissioner of Health.
���� �Department� means the
Department of Health.
���� �Health care professional�
means a physician, physician assistant, nurse, or other health care
professional whose professional practice is regulated pursuant to Title 45 of
the Revised Statutes.
���� �Medical supervisor� means a
physician licensed in New Jersey who is responsible for overseeing all health
care services provided at a retail health clinic or urgent care facility.� A
person may simultaneously serve as operational supervisor and medical supervisor
at a retail health clinic or urgent care facility, provided the person does not
have a supervisory role at more than three retail health clinics or urgent care
facilities.
���� �Operational supervisor� means
the person responsible for overseeing the overall and day-to-day operations of
a retail health clinic or urgent care facility.� A person may simultaneously
serve as operational supervisor and medical supervisor at a retail health
clinic or urgent care facility, provided the person does not have a supervisory
role at more than three retail health clinics or urgent care facilities.
���� �Retail health clinic� means a
health care facility located within a retail store, supermarket, pharmacy, or
similar retail outlet that offers episodic, walk-in care for a limited set of
acute conditions.� Health care services provided at a retail health clinic
shall be limited to preventative and wellness care, vaccine administration, and
related services.
���� �Urgent care facility� means a
health care facility that offers episodic, walk-in care for the treatment of
acute, but not life-threatening, health conditions.
���� b.��� Each retail health
clinic and urgent care facility operating in the State that is not otherwise
licensed as an ambulatory care facility shall register with the department on
an annual basis.� The clinic or facility shall submit, as part of its annual
registration, the following information: the registrant�s location and hours of
operation; the names of the registrant�s medical supervisor, operational
supervisor, and chief customer service officer; the names of any health care
professionals employed by or affiliated with the registrant; the nature and
scope of the health care services provided and the conditions treated at the
clinic or facility; and any other information as may be required by the
department.� Registry information for retail health clinics and urgent care
facilities shall be made available on the department�s Internet website.
���� c.���� The operational
supervisor of each retail health clinic or urgent care facility registered
pursuant to this section shall be responsible for ensuring the clinic or
facility is compliant with all State and federal requirements regarding:
patient privacy and confidentiality of patient information; creation,
maintenance, security, retention, and access to medical records, including
making records available to patients and primary care providers consistent with
the provisions of subsection d. of this section; ensuring proper credentialing
of health care professionals employed by or professionally affiliated with the
clinic or facility; vaccine reporting requirements; and prohibitions against
making self-interested referrals and engaging in unlawful patient steering
practices.�
���� d.��� (1)� A retail health
clinic or urgent care facility shall, upon request by the patient or a person
authorized to make health care decisions on behalf of the patient, forward a
copy of the patient�s treatment record to the patient�s primary care provider.
Records forwarded to the patient�s primary care provider may be transmitted in
any form that can be accessed by the primary care provider, including, but not
limited to, mail, facsimile, electronic mail, or an electronic health records
system. Records forwarded to a primary care provider shall be transmitted no
later than five days after the date the request is made or the date the results
of any testing performed as part of the provision of health care services to
the patient become available, whichever is later.�
���� (2)�� A retail health clinic
or urgent care facility shall, upon request by the patient or a person
authorized to make health care decisions on behalf of the patient, make a copy
of the patient�s treatment record available to the patient no later than 24
hours after the request is made.� If the treating professional states, in
writing, that providing the patient with a copy of the record is not medically
advisable, the record shall be provided to a person authorized to make health
care decisions on behalf of the patient.
���� (3)�� A retail health clinic
or urgent care facility shall not charge a fee for furnishing or forwarding
copies of patient treatment records that exceed the actual costs incurred by
the clinic or facility in furnishing or forwarding the record.
���� e.���� Each patient who
receives health care services at a retail health clinic or urgent care facility
shall be urged by the treating professional to follow up with the patient�s
primary care provider.� If the patient does not have a primary care provider,
the retail health clinic or urgent care facility shall offer to assist the
patient in locating a primary care provider.
���� f.���� Except in emergent
circumstances, retail health clinics and urgent care facilities shall not
provide health care services to individuals younger than 18 years of age or to
individuals currently enrolled in the Medicaid or NJ FamilyCare programs.
���� g.��� The operational
supervisor of each retail health clinic and urgent care facility shall insure
that a written summary of the rights set forth in section 2 of this act be
given to the patient or to the person authorized to make health care decisions
on behalf of the patient prior to the provision of health care services, and
that a written notice listing these rights is posted in a conspicuous place in
the clinic or facility.
���� 2.��� Every person receiving
health care services at a retail health clinic or urgent care facility shall
have the right:
���� a.���� To considerate and
respectful care consistent with sound nursing and medical practices, which
shall include being informed of the name and licensure status of any health
care professional or staff member who examines, observes, or treats the
patient;
���� b.��� To obtain from the
treating professional complete, current information concerning the patient�s
diagnosis, treatment, and prognosis in terms the patient can reasonably be
expected to understand.� When it is not medically advisable to give this
information to the patient, it shall be made available to a person authorized
to make health care decisions on behalf of the patient;
���� c.���� To receive from the
treating professional information necessary to give informed consent prior to
the start of any procedure or treatment and which, except for those emergency
situations not requiring informed consent, shall include, at a minimum, explanations
of: the specific procedure or treatment to be provided; the medically
significant risks involved; the possible duration of incapacitation, if any;
and the significance of the patient's informed consent.� The patient shall be
advised of any medically significant alternatives for care or treatment;
however, this does not include experimental treatments that are not yet
accepted by the medical establishment;
���� d.��� To refuse treatment to
the extent permitted by law and to be informed of the medical consequences of
refusing treatment;
���� e.���� To privacy to the
extent consistent with providing adequate medical care to the patient.� This
shall not preclude discussion of a patient's case or examination of a patient
by appropriate health care professionals and staff members;
���� f.���� To privacy and
confidentiality of all records pertaining to the patient's treatment, except as
otherwise provided by law or third party payment contract, and to be provided
with access to, and a copy of, those records upon request as provided in
subsection d. of section 1 of this act;
���� g.��� To expect that, within
its capacity, the retail health clinic or urgent care facility will make
reasonable efforts to respond to the patient's request for services;
���� h.��� To be informed by the
treating professional of any continuing health care requirements which may
follow the provision of services and to receive assistance from the treating
professional and appropriate staff in arranging for required follow-up care;
���� i.���� To be advised of any
significant beneficial interests held by the retail health clinic or urgent
care facility in any service which may be recommended for the patient or to
which the patient may be referred, including any referrals to a primary care
provider furnished pursuant to subsection e. of section 1 of this act;
���� j.���� To examine and receive
an explanation of the patient's bill, regardless of source of payment, and to
receive information or be advised on the availability of sources of financial
assistance to help pay for the patient's care, as necessary;
���� k.��� To expect reasonable
continuity of care;
���� l.���� To be advised of any
rules or requirements of the retail health clinic or urgent care facility
applicable to the patient�s conduct as a patient; and
���� m.�� To treatment without
discrimination as to race, age, religion, sex, national origin, or source of
payment.
���� 3.��� The Commissioner of
Health shall, pursuant to the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.), adopt rules and regulations to implement the provisions
of this act, which may include, but shall not be limited to, requirements regarding
the nature, scope, and specific health care services that may be provided at
retail health clinics and urgent care facilities and any additional standards
and requirements for the operation of retail health clinics and urgent care
facilities as may be appropriate.
���� 4.��� This act shall take
effect 90 days after the date of enactment.
STATEMENT
���� This bill establishes an
annual registration requirement and certain operational requirements for retail
health clinics and urgent care facilities.� Retail health clinics are health
care facilities that are located within a retail store, supermarket, pharmacy,
or similar retail outlet that offer walk-in services limited to preventative
and wellness care, vaccine administration, and related services.� Urgent care
facilities are health care facilities that offer episodic, walk-in care for the
treatment of acute, but not life-threatening, health conditions.
���� Each retail health clinic and
urgent care facility that is not otherwise licensed as an ambulatory care
facility will be required to register with the Department of Health on an
annual basis.� The clinic or facility will be required to submit with its annual
registration information concerning: its location and hours of operation; the
names of its medical supervisor, operational supervisor, and chief customer
service officer; the names of any health care professionals employed by or
affiliated with the clinic or facility; the nature and scope of health care
services provided and conditions treated at the clinic or facility; and any
other information as may be required by the department.� Registry information
for retail health clinics and urgent care facilities will be made available on
the department�s Internet website.
���� The operational supervisor of
each clinic or facility will be responsible for ensuring the clinic or facility
is compliant with all State and federal requirements regarding patient privacy
and the confidentiality of patient information, medical records, proper
credentialing of affiliated health care professionals, vaccine reporting
requirements, and prohibitions against self-interested referrals and patient
steering practices.� The medical supervisor of each clinic or facility is
responsible for overseeing all health care services provided at a retail health
clinic or urgent care facility.� A person may simultaneously serve as
operational supervisor and medical supervisor at a retail health clinic or
urgent care facility, provided the person does not have a supervisory role at
more than three retail health clinics or urgent care facilities.� Each retail
health clinic and urgent care facility is to have a chief customer service
officer, who will serve as the point of contact for consumer complaints, appeals,
and inquiries.�
���� Retail health clinics and
urgent care facilities will be required to make the patient�s treatment record
available to the patient upon request, and to furnish a copy to the patient�s
primary care provider upon request.� Records are to be forwarded to the
patient�s primary care provider no later than five days after the request is
made or any related testing is completed, whichever is later, and may be
transmitted in any form that can be accessed by the primary care provider. The
fees charged for furnishing or forwarding copies of the patient�s treatment
record are not to exceed the actual costs of providing the records.� If the
treating professional indicates in writing that it is not medically advisable
to provide a copy of the medical record to the patient, the record will be
provided to a person authorized to make health care decisions on the patient�s
behalf.
���� Patients receiving health care
services at a retail health clinic or urgent care facility are to be urged by
the treating professional to follow up with the patient�s primary care
provider.� If the patient does not have a primary care provider, the retail
health clinic or urgent care facility will be required to offer to assist the
patient in locating a primary care provider.
���� Except in emergent
circumstances, retail health clinics and urgent care facilities will be
prohibited from providing health care services to individuals younger than 18
years of age or to individuals currently enrolled in the Medicaid or NJ
FamilyCare programs.
���� The bill establishes an
enumerated list of patient rights.� The operational supervisor of each retail
health clinic and urgent care facility will be required to insure that a
written summary of these rights is given to the patient or the person
authorized to make health care decisions on behalf of the patient prior to the
provision of health care services, and that a written notice listing these
rights is posted in a conspicuous place in the clinic or facility.
���� The commissioner will be
permitted to adopt rules and regulations concerning retail health clinics and
urgent care facilities, including requirements regarding the nature, scope, and
specific health care services that may be provided at retail health clinics and
urgent care facilities, as well as any additional standards and requirements
for the operation of retail health clinics and urgent care facilities as may be
appropriate.