Text of NJ A 5516 (2023)

ASSEMBLY, No. 5516 STATE OF NEW JERSEY 220th LEGISLATURE INTRODUCED JUNE 5, 2023 Sponsored by: Assemblywoman VERLINA REYNOLDS-JACKSON District 15 (Hunterdon and Mercer) Assemblyman ANTHONY S. VERRELLI District 15 (Hunterdon and Mercer) Assemblyman HERB CONAWAY, JR. District 7 (Burlington) SYNOPSIS Requires certain health care professionals to undergo bias training. CURRENT VERSION OF TEXT As introduced. An Act concerning health care professionals and supplementing Title 45 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 section: "Cultural competency" refers to the ability to interact effectively with people of different cultures, socio-economic status, gender, races, ethnic backgrounds, religions, and other diversity categories in a manner that recognizes, affirms, and values the worth of individuals, families, and communities and protects and preserves the dignity of each. "Implicit bias" refers to the attitudes or stereotypes that affect understanding, actions, and decisions in an unconscious manner. b. Any health care professional licensed or certified pursuant to Title 45 of the Revised Statutes who provides in-home health care services, other than a homemaker-home health aide, shall be required to complete one credit of cultural competency and implicit bias training, within one year following the effective date of this act and biennially thereafter. c. The cultural competency and implicit bias training curriculum shall be developed by the Department of Health, in consultation with relevant professional organizations, which shall include, but shall not be limited to: (1) identification and understanding of implicit biases and stereotypes related to race, ethnicity, religion, sexual orientation, gender identity, and disability; (2) communication techniques that account for potential impacts of implicit biases; (3) strategies for recognizing and mitigating unconscious biases in healthcare decision-making processes; (4) review of applicable federal and State laws regarding discrimination in health care services; (5) cultural awareness and cultural competence in healthcare; and (6) understanding health disparities and social determinants of health. d. The Department of Health shall develop and maintain an electronic database to record compliance with this section. 2. a. As used in this section: "Cultural competency" refers to the ability to interact effectively with people of different cultures, socio-economic status, gender, races, ethnic backgrounds, religions, and other diversity categories in a manner that recognizes, affirms, and values the worth of individuals, families, and communities and protects and preserves the dignity of each. "Implicit bias" refers to the attitudes or stereotypes that affect understanding, actions, and decisions in an unconscious manner. b. A homemaker-home health aide who provides in-home health care services shall be required to complete one credit of cultural competency and implicit bias training, within one year following the effective date of this act and biennially thereafter. c. The cultural competency and implicit bias training curriculum shall be developed by the Department of Health, in consultation with relevant professional organizations, which shall include, but shall not be limited to: (1) identification and understanding of implicit biases and stereotypes related to race, ethnicity, religion, sexual orientation, gender identity, and disability; (2) communication techniques that account for potential impacts of implicit biases; (3) strategies for recognizing and mitigating unconscious biases in healthcare decision-making processes; (4) review of applicable federal and State laws regarding discrimination in health care services; (5) cultural awareness and cultural competence in healthcare; and (6) understanding health disparities and social determinants of health. d. The Department of Health shall develop and maintain an electronic database to record compliance with this section. 3. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety and the Commissioner of Health shall adopt rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this act. 4. This act shall take effect 90 days following enactment. STATEMENT This bill requires certain health care professionals to undergo bias training. Under the bill, a homemaker-home health aide and any other health care professional certified or licensed pursuant to Title 45 of the Revised Statutes, who provides in-home health care services, is to be required to complete one credit of cultural competency and implicit bias training, within one year following the effective date of this bill and biennially thereafter. The cultural competency and implicit bias training curriculum is to be developed by the Department of Health, in consultation with relevant professional organizations, which is to include, but not be limited to: (1) identification and understanding of implicit biases and stereotypes related to race, ethnicity, religion, sexual orientation, gender identity, and disability; (2) communication techniques that account for potential impacts of implicit biases; (3) strategies for recognizing and mitigating unconscious biases in healthcare decision-making processes; (4) review of applicable federal and State laws regarding discrimination in health care services; (5) cultural awareness and cultural competence in healthcare; and (6) understanding health disparities and social determinants of health. It is the sponsor's belief that this bill will help to ensure that all patients receive quality healthcare that respects their individual cultural backgrounds and experiences and that this bill is a step towards ensuring equity in healthcare delivery within New Jersey.

[Second Reprint] ASSEMBLY, No. 5516 STATE OF NEW JERSEY 220th LEGISLATURE INTRODUCED JUNE 5, 2023 Sponsored by: Assemblywoman VERLINA REYNOLDS-JACKSON District 15 (Hunterdon and Mercer) Assemblyman ANTHONY S. VERRELLI District 15 (Hunterdon and Mercer) Assemblyman HERB CONAWAY, JR. District 7 (Burlington) Co-Sponsored by: Assemblywoman McKnight, Assemblyman Moen and Assemblywoman Jaffer SYNOPSIS Requires certain health care professionals to undergo bias training. CURRENT VERSION OF TEXT As reported by the Assembly Appropriations Committee on December 18, 2023, with amendments. An Act concerning health care professionals and supplementing Title 45 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 section: "Cultural competency" refers to the ability to interact effectively with people of different cultures, socio-economic status, gender, races, ethnic backgrounds, religions, and other diversity categories in a manner that recognizes, affirms, and values the worth of individuals, families, and communities and protects and preserves the dignity of each. "Implicit bias" 2[refers to the attitudes or stereotypes that affect understanding, actions, and decisions in an unconscious manner] means a bias in judgment or behavior that results from subtle cognitive processes, including implicit prejudice and implicit stereotypes, that often operate at a level below conscious awareness and without intentional control2. b. 1(1)1 Any health care professional licensed or certified pursuant to Title 45 of the Revised Statutes who provides in-home health care services, 2[other than] including2 a homemaker-home health aide, shall be required to complete one credit of 1continuing education1 2in2 cultural competency and implicit bias training, within one year following the effective date of this act and biennially thereafter. 1(2) A health care professional 2[, who provides in-home health care services, other than a homemaker-home health aide,] to whom paragraph (1) of this subsection applies2 shall complete cultural competency and implicit bias training on scheduled work time and be compensated by his or her employer for the training at the appropriate rate of pay.1 c. The cultural competency and implicit bias training curriculum 1[shall be developed by the Department of Health, in consultation with relevant professional organizations, which]1 shall include, but 2[shall] need2 not be limited to: (1) identification and understanding of implicit biases and stereotypes related to race, ethnicity, religion, sexual orientation, gender identity, and disability; (2) communication techniques that account for potential impacts of implicit biases; (3) strategies for recognizing and mitigating unconscious biases in healthcare decision-making processes 2, care, or treatment2; (4) 2[review of applicable federal and State laws regarding discrimination in health care services; (5)]2 cultural awareness and cultural competence in healthcare; and 2[(6)] (5)2 understanding health disparities and social determinants of health. 2[d. The 1[Department of Health] Division of Consumer Affairs in the Department of Law and Public Safety1 shall develop and maintain an electronic database to record compliance with this section.]2 2[2. a. As used in this section: "Cultural competency" refers to the ability to interact effectively with people of different cultures, socio-economic status, gender, races, ethnic backgrounds, religions, and other diversity categories in a manner that recognizes, affirms, and values the worth of individuals, families, and communities and protects and preserves the dignity of each. "Implicit bias" refers to the attitudes or stereotypes that affect understanding, actions, and decisions in an unconscious manner. b. 1(1)1 A homemaker-home health aide who provides in-home health care services shall be required to complete one credit of 1continuing education1 cultural competency and implicit bias training, within one year following the effective date of this act and biennially thereafter. 1(2) A homemaker-home health aide shall complete cultural competency and implicit bias training on scheduled work time and be compensated by his or her employer for the training at the appropriate rate of pay.1 c. The cultural competency and implicit bias training curriculum 1[shall be developed by the Department of Health, in consultation with relevant professional organizations, which]1 shall include, but shall not be limited to: (1) identification and understanding of implicit biases and stereotypes related to race, ethnicity, religion, sexual orientation, gender identity, and disability; (2) communication techniques that account for potential impacts of implicit biases; (3) strategies for recognizing and mitigating unconscious biases in healthcare decision-making processes; (4) review of applicable federal and State laws regarding discrimination in health care services; (5) cultural awareness and cultural competence in healthcare; and (6) understanding health disparities and social determinants of health. d. The 1[Department of Health] Division of Consumer Affairs in the Department of Law and Public Safety1 shall develop and maintain an electronic database to record compliance with this section.]2 2[3.] 2.2 The Director of the Division of Consumer Affairs in the Department of Law and Public Safety 1[and the Commissioner of Health]1 2[shall] may2 adopt rules and regulations, 2which shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months and shall thereafter be adopted2 in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this act. 2[4.] 3.2 This act shall take effect 2[90] 1802 days following enactment.