Sponsored by:
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Establishes process for independent informal dispute resolution hearings in DOH.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning informal dispute resolution in DOH 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:
"Commissioner" means the Commissioner of Health.
"Facility" means a nursing home, assisted living residence, comprehensive personal care home, residential health care facility, or dementia care home licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).
"Independent third party panel" means an entity comprising three objective individuals knowledgeable about the survey and inspection process for nursing homes, assisted living residences, comprehensive personal care homes, residential health care facilities, and dementia care homes.
2. a. Notwithstanding any other provision of law to the contrary, the commissioner shall contract with an independent third party panel to conduct an informal dispute resolution hearing when requested by a facility that objects to any deficiency cited during a facility inspection. The individuals comprising the independent third party panel shall have no official, professional affiliation with the department or with the facility requesting the hearing.
b. A facility requesting informal dispute resolution pursuant to subsection a. of this section shall make the request in a form and manner as shall be required by the commissioner by regulation.
c. Hearings before an independent third party panel pursuant to this section shall be conducted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and the "Uniform Administrative Procedure Rules," N.J.A.C.1:1-1.1 et seq.
d. The independent third party panel shall determine if the disputed deficiency shall be upheld, deleted, or modified, and shall report its findings to the facility and to the commissioner in a form and manner consistent with applicable State and federal regulations.
e. The commissioner may concur with, overrule, or modify determinations made by the independent third party panel.
f. In the event that an informal dispute resolution hearing fails to resolve the matter at issue, nothing in this act shall be construed to limit the right to pursue a contested case pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
3. There shall be
appropriated from the Department of Health budget such funds as may be
necessary to implement the provisions of this act.
4. The Commissioner of Health shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as are necessary to implement the provisions of this act.
5. This act shall take effect 180 days after the date of enactment.
STATEMENT
This bill requires the Department of Health to establish a process for nursing homes, assisted living residences, comprehensive personal care homes, residential health care facilities, and dementia care homes to request an informal dispute resolution hearing before an independent third party panel concerning any deficiencies cited during an inspection of the facility to which the facility objects.
A facility requesting informal dispute resolution pursuant to the bill is to make the request in a form and manner as may be required by the Commissioner of Health by regulation. The department will be required to contract with an independent third party panel to conduct a requested hearing. The independent third party panel is to be an entity comprising three objective individuals who are knowledgeable about the survey and inspection process for the relevant facilities, who have no professional affiliation with the department or with the facility requesting the hearing.
Hearings before the independent third party panel are to be conducted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and the "Uniform Administrative Procedure Rules," N.J.A.C.1:1-1.1 et seq. The independent third party panel will make a determination as to whether the disputed deficiency will be upheld, deleted, or modified, and will report its findings to the facility and to the commissioner in a form and manner that is consistent with applicable State and federal regulations. The commissioner may concur with, overrule, or modify determinations made by the independent third party panel.
In the event that an informal dispute resolution hearing fails to resolve the matter at issue, nothing in the bill will be construed to limit the right to pursue a contested case pursuant to the "Administrative Procedure Act."
Funding for the informal dispute resolution process is to be drawn from the department's budget.