Bill Text: NJ A3208 | 2022-2023 | Regular Session | Amended
Bill Title: Requires DHS and DOH to submit federal waivers to cover menstrual products under NJ FamilyCare, SNAP, WIC and establishes State funded benefit if federal waiver is denied; appropriates $2 million for State benefit.
Spectrum: Moderate Partisan Bill (Democrat 13-2)
Status: (Engrossed - Dead) 2023-02-28 - Received in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [A3208 Detail]
Download: New_Jersey-2022-A3208-Amended.html
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
Assemblywoman BRITNEE N. TIMBERLAKE
District 34 (Essex and Passaic)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Co-Sponsored by:
Assemblywomen Jaffer, Carter, Haider, Assemblyman Benson and Assemblywoman McKnight
SYNOPSIS
Requires DHS and DOH to submit federal waivers to cover menstrual products under NJ FamilyCare, SNAP, WIC and establishes State funded benefit if federal waiver is denied; appropriates $2 million for State benefit.
CURRENT VERSION OF TEXT
As reported by the Assembly Women and Children Committee on September 29, 2022, with amendments.
AN ACT concerning menstrual hygiene products 1[and] ,1 supplementing Title 44 of the Revised Statutes 1, and making an appropriation1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 1[a. The State Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.), the New Jersey Supplemental Nutrition Assistance Program, established pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.110-246 (7 U.S.C. s.2011 et seq.), and the Special Supplemental Nutrition Program for Women, Infants, and Children, established pursuant to the federal "Child Nutrition Act of 1966," Pub.L.89-642 (42 U.S.C. s.1771 et seq. shall include menstrual hygiene products among the covered benefits available for all eligible recipients.
b. The Commissioner of Human Services shall consult and coordinate with the Commissioner of Health on the establishment of an educational and public awareness campaign to inform the public about the provisions of this act and to ensure that eligible recipients of the State Medicaid program, the New Jersey Supplemental Nutrition Assistance Program, the Special Supplemental Nutrition Program for Women, Infants, and Children, the Work First New Jersey program, and the Temporary Assistance for Needy Families program are aware of the new benefits made available to them pursuant to subsection a. of this section, and shall post the information provided through the campaign on each of their departments' Internet sites.
c. The Commissioner of Human Services shall apply for such State plan amendments or waivers as may be necessary to implement the provisions of this section and to secure federal financial participation for expenditures under any of the applicable programs listed in subsection a. of this section.
d. As used in this section, "menstrual hygiene products" means tampons, panty liners, menstrual cups, sanitary napkins, and other similar products designed for a person's hygiene in connection with the human menstrual cycle] As used in this act:
"Eligible recipient" means
a menstruator who is a resident of this State and is determined to meet the
requirements necessary to qualify for benefits under one of the following
public assistance programs: the NJ FamilyCare program, established pursuant to
P.L.1968, c.413 (C.30:4D-1 et seq.) and P.L.2005, c.156 (C.30:4J-8 et al.); the
New Jersey Supplemental Nutrition Assistance Program,
established pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.110-246 (7 U.S.C. s.2011 et seq.); or the federal "Special Supplemental Nutrition Program for Women, Infants, and Children," established pursuant to the federal "Child Nutrition Act of 1966," Pub.L.89-642 (42 U.S.C. s.1771 et seq.).
"Menstrual hygiene products" means tampons, sanitary napkins, panty liners, menstrual cups, and other similar products designed for a person's hygiene in connection with the human menstrual cycle1.
12. a. The Commissioner of Human Services shall submit an application for a waiver or a state plan amendment to provide menstrual hygiene products among the covered benefits available for eligible recipients under the following programs:
(1) the NJ FamilyCare program, established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) and P.L.2005, c.156 (C.30:4J-8 et al.); and
(2) the Supplemental Nutrition Assistance Program, established pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.110-246 (7 U.S.C. s.2011 et seq.).
b. The Commissioner of Health shall submit an application for a waiver to provide menstrual hygiene products among the covered benefits available for eligible recipients under the Special Supplemental Nutrition Program for Women, Infants, and Children, established pursuant to the federal "Child Nutrition Act of 1966," Pub.L.89-642 (42 U.S.C. s.1771 et seq.).1
13. a. If the federal government denies the applications submitted by the Commissioner of Human Services or the Commissioner of Health, pursuant to section 2 of this act, the Commissioner of Human Services, in consultation with the Commissioner of Health, shall establish a program to provide menstrual hygiene products to eligible recipients, in a quantity and through a process that the commissioner determines to be equitable.
b. The Commissioner of Human Services shall, as part of the eligibility determination process for the program established pursuant to subsection a. of this section, institute a process by which an eligible recipient shall certify the number of menstruators in the eligible recipient's household who are under the age of 18 and who qualify for menstrual hygiene products as a covered benefit.1
14. The Commissioner of Human Services shall consult and coordinate with the Commissioner of Health on the establishment of an educational and public awareness campaign to inform the public about the provisions of this act and to ensure that eligible recipients of the State Medicaid program, the New Jersey Supplemental Nutrition Assistance Program, the Special Supplemental Nutrition Program for Women, Infants, and Children, the Work First New Jersey program, and the Temporary Assistance for Needy Families program are aware of the new benefits made available to them pursuant to subsection a. of this section, and shall post the information provided through the campaign on each of their departments' Internet sites.1
15. There is appropriated $2,000,000 from the General Fund to the Department of Human Services to effectuate the requirements under this section. The availability of the amounts appropriated under this subsection shall be conditioned upon a federal denial of the applications submitted by the Departments of Human Services and Health, pursuant to section 2 of this act.1
1[2.] 6.1 This act shall take effect upon any federal 1[approval] determination regarding the waiver application or state plan amendment submitted pursuant to section 2 of this act1 and the acceptance of any such approval by the Department of 1[Health and] Human Services or1 the Department of 1[Human Services] Health,1 but the departments may take such anticipatory action in advance 1thereof1 as shall be necessary for the implementation 1of the provisions of1 this act.
