S 2884 — "Stop Sepsis Act"; Requires hospitals to establish sepsis recognition and treatment protocols, train staff, and establish quality measures.*

S2884 1R [First Reprint] SENATE, No.

Senators Burgess, McKnight, Singer, McKeonMcKeon, Greenstein, Schepisi, Timberlake and GreensteinDiegnan       SYNOPSIS      Requires“Stop hospitalsSepsis toAct”; establish sepsis recognition and treatment protocols.

 Requires CURRENThospitals VERSIONto OFestablish TEXTsepsis     recognition Introducedand Pendingtreatment Technicalprotocols, Reviewtrain bystaff, Legislativeand Counsel.establish quality measures.

    AnCURRENT ActVERSION concerningOF sepsisTEXT protocols     inAs hospitalsreported andby supplementingthe chapterSenate 2HHealth, ofHuman TitleServices 26and ofSenior theCitizens RevisedCommittee Statutes.on March 16, 2026, with amendments.

   An Act concerning sepsis protocols in hospitals 1, amending P.L.2007, c.196,1 and supplementing chapter 2H of Title 26 of the Revised Statutes.

       1.   11.  a. This Eachact general or special hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall adopt,be implement,known periodically update, and submitmay tobe thecited Departmentas of Health evidence-based protocols for the early“Stop recognitionSepsis andAct.”1 treatment  of      patients1[1.] with2.1  sepsis,a. severe sepsis, and septic shock, which shall:

    Each (1)  general beor basedspecial hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall adopt, implement,  1and1 periodically update 1[, and submit to the Department of Health]1 evidence-based protocols 1based on generallybest acceptedpractices1 standardsfor the early recognition and treatment of care;patients with sepsis, severe sepsis, and septic shock, which shall 1include, but not be limited to1 :

     (2)  (1)   include1[be componentsbased specificon togenerally theaccepted identification,standards care, and treatment of bothcare; adult and pediatric patients;

and      (3)  (2)   clearlyinclude]1 identifycomponents wherespecific andto when the componentsidentification, differcare, withand regardtreatment toof 1[both]1 adult 1, geriatric, obstetric,1 and pediatric patients.patients;

and      b.   1[(3)] The(2)1  sepsisclearly protocols1[identify] establishedidentifying1 pursuantwhere and when the components differ with regard to subsectionadult a.1, geriatric, obstetric, and pediatric patients.

      b.   The sepsis protocols established pursuant to subsection a.

     c.     Each hospital shall ensure that all professional1[professional] clinical1 staff with1[with direct patient care responsibilities, and appropriate professional staff with indirect patient care responsibilities including, but not limited to, laboratory and pharmacy staff,staff,] involved in the recognition, treatment, or prevention of sepsis1 are periodically trained to implement the sepsis protocols established pursuant to this section.section.  The hospital shall ensure updated staff training upon adoption of substantive changes to the protocols.  1Subject to the availability of funds, the department shall offer continuing education credits and other educational opportunities related to sepsis, such as health care provider briefings on the early recognition and treatment of patients with sepsis.1      d.    1[Each hospital shall submit proposed sepsis protocols to the department for review no later than 120 days after the effective date of this act, and shall implement the protocols upon receipt of approval of the protocols from the department.  A hospital may revise and update its protocols as necessary and consistent with evidence-based standards.  Protocols shall be resubmitted to the department for review no more than once every two years, unless the department identifies hospital-specific performance concerns.

The     hospitale. shall ensure updated staff training upon adoption of substantive changes to the protocols.

    ]1  d.    Each hospital shall submitbe proposedresponsible sepsisfor protocols to the departmentcollection forand reviewuse noof laterquality thanmeasures 120related daysto after the effectiverecognition date of this act, and shalltreatment implementof thesepsis, protocolssevere uponsepsis, receiptand ofseptic approvalshock offor the protocolspurpose fromof theinternal department. quality Aimprovement.  hospitalThe mayquality revisemeasures andshall updateinclude, itsbut protocolsnot asbe necessarylimited andto, consistentdata withsufficient evidence-basedto standards. evaluate Protocolsthe shallhospital’s beadherence resubmittedrate to theits departmentown forsepsis reviewprotocols, noincluding moreadherence thanto oncetimeframes everyand twoimplementation years,of unlessall theprotocol departmentcomponents identifiesfor hospital-specificadult performanceand concerns.pediatric patients.

     e.    1[f.  Each hospital shall beannually responsiblereport forto the collectiondepartment andsuch usedata ofas qualitythe measuresdepartment relatedmay torequire for the recognitionpurposes andof treatmentdeveloping ofrisk-adjusted sepsis, severe sepsis, and septic shock formortality therates, purposeas ofwell internalas qualityany improvement. other Thedata qualityas measuresmay shallbe include,required butby notthe bedepartment.  limitedEach to,hospital datashall sufficientbe subject to evaluateaudit at the hospital’sdepartment’s adherencediscretion]  ratee.  to(1) itsThe ownCommissioner sepsisof protocols,Health includingshall adherencecompile information necessary to timeframesdevelop and implementationexpand the reporting of allappropriately protocolrisk-adjusted componentssepsis-related forquality adultmeasures in a report card, which shall be updated annually and pediatricmade patients.available on the Internet website of the Department of Health.

     The f.    report Eachcard hospital shall annuallybe reportdesigned to theprovide departmentinformation suchabout hospital dataquality asmeasures therelated departmentto maythe requirerecognition forand thetreatment purposes of developing risk-adjusted sepsis, severe sepsis, and septic shockshock. mortality rates, as well as any other data as may be required by the department.  Each hospital shall be subject to audit at the department’s discretion.

       2.   (2) TheIn Commissionerdeveloping ofand Healthexpanding shall, pursuant to the "Administrativerisk-adjusted Proceduresepsis-related Act,"measures P.L.1968,included c.410in (C.52:14B-1 et seq.),the promulgatereport suchcard, rulesthe andcommissioner regulationsshall asconsult maywith behospitals, necessaryclinical toexperts, effectuateand the purposesQuality ofImprovement thisAdvisory act.Committee.

  The     department 3.    This act shall takeutilize effectdata thesubmitted firstpursuant dayto ofP.L.1971, thec.136 fourth(C.26:2H-1 monthet nextal.). following the date of enactment, except that the Commissioner of Health may take any anticipatory administrative action in advance as may be necessary for the implementation of this act.

    STATEMENT        This(3) billFor requireseach generalhospital, and special hospitals licensed in the Statereport tocard establishshall protocolsinclude: for the early recognition and treatment of patients with sepsis.

     Sepsis(a) isthe anumber seriousof, average length of stay for, and potentiallyrisk-adjusted life-threateningmortality conditionrate causedfor bysurgical theinpatient body’scases overwhelmingof immunesepsis, responsesevere tosepsis, infection.and septic shock;

Sometimes known as “blood poisoning,” sepsis results when the immune chemicals released into the bloodstream cause widespread inflammation, leading to blood clots, impaired blood flow, and oxygen and nutrient deprivation in the organs.  Sepsis can result in permanent organ damage, cognitive impairment, physical disability, or death.       The(b) protocols required under the billnumber wouldof, incorporateaverage distinctlength componentsof forstay adultfor, and pediatricrisk-adjusted patients,mortality andrate would include processes for screening,non-surgical earlyinpatient recognition,cases and treatment of sepsis, severe sepsis, and septic shock,shock; including specific treatment guidelines for various circumstances and procedures for screening out patients for whom treatment would be inappropriate.  Hospitals will be required to ensure that appropriate staff members are periodically trained to implement the sepsis protocols.

     Hospitals(c) will be required to submit proposed sepsis protocols to the Departmentnumber of Healthpresent foron reviewadmission nocases later than 120 days after the effective date of thesepsis, billsevere andsepsis, implement the protocols upon receipt of department approval.  Hospitals will be permitted to revise and updateseptic theshock; protocols based on newly emerging evidence-based standards, and resubmit the protocols to the department for review no more than once every two years, unless the department identifies hospital-specific performance concerns.

     Hospitals will be responsible for collecting and using     quality(d) measures related to the recognitionnumber and treatment of sepsis,patients severewith sepsis, and septic shock for the purpose of internal quality improvement and evaluating the implementation and adherence to the protocols.       Hospitals will be required to submit to the department such data as may be necessary for the department to develop risk-adjusted sepsis, severe sepsis, and septic shock mortalitydischarged rates, along with any other data the department may require.  Hospitals will be subject to audithospice. at the department’s discretion.

     f.  For the purposes of the early identification and treatment of sepsis, a third-party payor, managed care organization, or health benefits plan with which the Division of Medical Assistance and Health Services in the Department of Human Services contracts for the delivery of Medicaid services, and any health benefits plan, as defined pursuant to section 2 of P.L.2003, c.193 (C.17B:27D-2), shall not substitute its own clinical judgment for that of the treating licensed health care provider with respect to the diagnosis and treatment of suspected sepsis, sepsis, severe sepsis, or septic shock.  Diagnosis and treatment shall include, but not be limited to, denial, downcoding, retrospective review, or payment reduction based on the application of alternative clinical definitions, proprietary algorithms, payer-developed medical necessity policies, or retrospective clinical validation reviews when the diagnosis has been documented and coded in accordance with ICD-10-CM official guidelines or any successor guidelines.

     g.    As used in this section, “hospital” means a general or special hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.)1        13.  Section 3 of P.L.2007, c.196 (C.26:2H-12.41) is amended to read as follows:

            3.         A general hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et al.) shall be required to report quarterly to the Department of Health, in a form and manner prescribed by the Commissioner of Health:

     a.     process quality indicators of hospital infection control that have been identified by the federal Centers for Medicare & Medicaid Services, as selected by the commissioner in consultation with the Quality Improvement Advisory Committee within the department;

and      b.    beginning 30 days after the adoption of regulations pursuant to this act, data on infection rates for the major site categories that define health care facility-associated infection locations, multiple infections, and device-related and non-device related infections, identified by the federal Centers for Disease Control and Prevention, as selected by the commissioner in consultation with the Quality Improvement Advisory Committee within the department.  Submission of the reports required pursuant to this section shall be made through the National Healthcare Safety Network as the internet-based surveillance system to which each general hospital shall report federal Centers for Disease Control healthcare associated infection data, or any successor system selected by the federal government.1 (c.f.:

P.L.2012, c.17, s.202)        1[2.] 4.1  The Commissioner of Health shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate such rules and regulations as may be necessary to effectuate the purposes of this act.

       1[3.] 5.1  This act shall take effect the first day of the fourth month next following the date of enactment, except that the Commissioner of Health may take any anticipatory administrative action in advance as may be necessary for the implementation of this act.