Bill Text: NJ A4033 | 2024-2025 | Regular Session | Introduced
Bill Title: Revises licensure and regulatory requirements for residential substance use disorders treatment facilities or programs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-03-07 - Introduced, Referred to Assembly Health Committee [A4033 Detail]
Download: New_Jersey-2024-A4033-Introduced.html
Sponsored by:
Assemblywoman NANCY F. MUŅOZ
District 21 (Middlesex, Morris, Somerset and Union)
SYNOPSIS
Revises licensure and regulatory requirements for residential substance use disorders treatment facilities or programs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning residential substance use disorders treatment facilities or programs and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Department" means the Department of Health.
"Principal" means any individual or entity with an ownership interest of five percent or more in a residential substance use disorders treatment facility or program.
"Residential substance use disorders treatment facility or program" shall have the same meaning as defined in N.J.A.C.8:111-1.3 or its successor regulation.
2. a. (1) The department shall require an applicant for licensure to operate as a residential substance use disorders treatment facility or program to submit to the department a financial audit of business and personal finances that is conducted by an independent, certified public accountant, who is chosen by the department. The applicant shall bear the cost of the audit. The department shall deny an application for licensure under this section if the financial audit reveals business practices or financial activities that are deemed improper or questionable by the department.
(2) (a) The department shall require an applicant for licensure to operate as a residential substance use disorders treatment facility or program to complete a criminal history record background check for each owner and principal and submit to being fingerprinted in accordance with applicable State and federal laws, rules, and regulations. An applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check.
(b) For the purposes of this section, the department is authorized to exchange fingerprint data with and receive criminal history record background information from the Division of State Police and the Federal Bureau of Investigation consistent with the provisions of applicable federal and State laws, rules, and regulations. Upon receipt of such notification, the department shall make a determination as to whether to approve the application for licensure. The department shall deny an application for licensure under this section if the results of the criminal background check reveal a conviction involving dishonesty or fraud.
(c) The Division of State Police shall promptly notify the department in the event that an individual who was the subject of a criminal history record background check conducted pursuant to this section is convicted of a crime or offense in this State after the date the background check was performed. Upon receipt of that notification, the department shall make a determination regarding the continued eligibility for the individual to be an owner or principal of the residential substance use disorders treatment facility or program.
b. The department shall establish such other requirements and standards regarding applications and licensure for residential substance use disorders treatment facilities or programs as deemed necessary by the department.
3. The department shall periodically conduct unannounced inspections of residential substance use disorders treatment facilities or programs, with each facility or program receiving at least one unannounced inspection annually.
4. The operator of a residential substance use disorders treatment facility or program shall file an annual report with the department detailing all events that jeopardized the health, safety, or welfare of residents or staff, including, but not limited to:
(1) fire, flood, disaster, accident, or other unanticipated event that results in the serious injury or death of a resident or staff member, or the evacuation of residents from the facility or program, or closure of the facility or program for six or more hours;
(2) serious injury or death of a resident, including overdose;
(3) outbreak of a communicable disease or other condition that adversely affects multiple residents or staff;
(4) alleged or suspected crimes that endanger the life or safety of residents or staff, or which jeopardize the operations or fiscal stability of the facility or program; and
(5) disciplinary actions concerning staff, including termination, resulting from inappropriate staff interaction with residents.
5. The department shall require a residential substance use disorders treatment facility or program to disclose the following information to an entity that is reviewing the facility's or program's application for State or local funding:
(1) a financial statement itemizing annual revenues, expenditures, and profits;
(2) a list of all board members, including each board member's profession and employer;
(3) a list of all stakeholders, investors, owners, or any other individuals or entities that hold a financial interest in the facility or program;
(4) a list of all stakeholders, investors, owners, or any other individuals or entities that hold a financial interest in the facility or program and that have a financial interest in a secondary entity and the name of the secondary entity;
(5) a list of all staff members, indicating each member's title and job duties; and
(6) a list of any staff members who hold outside employment, the name of the staff member's outside employer, and the staff member's responsibilities under that outside position.
6. The department shall establish guidelines and standards to ensure best practices for peer recovery counselors who operate within a residential substance use disorders treatment facility or program.
7. 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.
8. This act shall take effect immediately.
STATEMENT
This bill revises licensure and regulatory requirements for residential substance use disorders treatment facilities or programs.
Under the bill, the Department of Health (department) is to require an applicant for licensure to operate as a residential substance use disorders treatment facility or program to submit to the department a financial audit of business and personal finances that is conducted by an independent, certified public accountant, who is chosen by the department. The applicant is to bear the cost of the audit. The department is to deny an application for licensure if the financial audit reveals business practices or financial activities that are deemed improper or questionable by the department.
The bill provides that the department is to require an applicant for licensure to operate as a residential substance use disorders treatment facility or program to complete a criminal history record background check and submit to being fingerprinted. The department is to deny an application for licensure if the results of the criminal background check reveal a conviction involving dishonesty or fraud.
The bill requires the department to periodically conduct unannounced inspections of residential substance use disorders treatment facilities or programs, with each facility or program receiving at least one unannounced inspection annually.
Under the bill, the operator of a residential substance use disorders treatment facility or program is to file an annual report with the department detailing all events that jeopardized the health, safety, or welfare of residents or staff. The department is to require a residential substance use disorders treatment facility or program to disclose certain financial and administrative information to an entity that is reviewing the facility's or program's application for State or local funding, as provided in the bill.
Finally, the department is to establish guidelines and standards to ensure best practices for peer recovery counselors who operate within a residential substance use disorders treatment facility or program.
