New Jersey-2024-A3351-Introduced

An Act concerning menstrual hygiene products, supplementing Title 44 of the Revised Statutes, and making an appropriation.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. 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 cycle.

2. 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.).

3. 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.

4. 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.

5. 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.

6. This act shall take effect upon any federal determination regarding the waiver application or state plan amendment submitted pursuant to section 2 of this act and the acceptance of any such approval by the Department of Human Services or the Department of Health, but the departments may take such anticipatory action in advance thereof as shall be necessary for the implementation of the provisions of this act.

STATEMENT

This bill requires the Commissioner of Human Services and the Commissioner of Health to submit an application for a waiver or a state plan amendment to provide menstrual hygiene products among the covered benefits available for eligible recipients through the NJ FamilyCare program, the New Jersey Supplemental Nutrition Assistance Program (SNAP), and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). The bill stipulates that, if the federal government denies the State's waiver application or state plan amendment, the Commissioner of Human Services, in consultation with the Commissioner of Health, is to establish a program to provide menstrual hygiene products to eligible beneficiaries, in a quantity and through a process determined to be equitable. Under the program, the Commissioner of Human Services would establish a process through which an eligible beneficiary would certify the number of menstruators in the beneficiary's household who are minors and who qualify for the menstrual hygiene products benefit.

The bill additionally requires the Commissioner of Human Services to 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 bill and to ensure that eligible recipients of the public assistance programs covered under the bill are aware of the new benefits made available to them, and to post the information provided through the campaign on each of the departments' Internet sites.

The bill appropriates $2 million to the Department of Health for the menstrual hygiene products benefit. The provisions of the bill will take effect upon any federal determination regarding the waiver application or state plan amendment submitted by the State, and the acceptance of any federal approval by the Departments of Human Services and Health; however, the departments are authorized to take any anticipatory action in advance of the federal determination as may be necessary to implement the requirements under the bill.

As defined in the bill, "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.