Bill Text: NJ A590 | 2022-2023 | Regular Session | Amended

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Bill Title: Codifies, and increases under certain circumtances, current minimum Medicaid per diem reimbursement rates for assisted living residences, comprehensive personal care homes, and assisted living programs; makes appropriation.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2023-06-30 - Substituted by S405 (2R) [A590 Detail]

Download: New_Jersey-2022-A590-Amended.html

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[First Reprint]

ASSEMBLY, No. 590

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 

 

Sponsored by:

Assemblyman  WILLIAM W. SPEARMAN

District 5 (Camden and Gloucester)

Assemblywoman  ANGELA V. MCKNIGHT

District 31 (Hudson)

Assemblywoman  SHAMA A. HAIDER

District 37 (Bergen)

 

Co-Sponsored by:

Assemblyman Mukherji, Assemblywoman Reynolds-Jackson, Assemblyman Benson, Assemblywomen Park and Murphy

 

 

 

 

SYNOPSIS

      Codifies, and increases under certain circumstances, current minimum Medicaid per diem reimbursement rates for assisted living residences, comprehensive personal care homes, and assisted living programs; makes appropriation.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Oversight, Reform and Federal Relations Committee on June 22, 2023, with amendments.

  

An Act concerning the Medicaid per diem rate for assisted living programs, supplementing Title 30 of the Revised Statutes, and making an appropriation.

 

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

 

      1.   a.  Notwithstanding the provisions of any other law or regulation to the contrary ¹[:

      (1)] ,¹ commencing upon the effective date of P.L.    ,c.    (C.        ) (pending before the Legislature as this bill), assisted living ¹[facilities] residences¹ , comprehensive personal care homes, and assisted living programs shall receive a per diem rate of no less than ¹[$94, $84, and $73] $89.50, $79.50, and $69.50¹ , respectively, as reimbursement for each Medicaid beneficiary under the ¹[facilities, provided that the facility has a Medicaid population in excess of 50 percent of the facility's bed capacity, as reported to the Department of Health care;

      (2)  commencing upon July 1, 2022, assisted living facilities, comprehensive personal care homes, and assisted living programs shall receive a per diem rate of no less than $104, $92, and $81, respectively, as reimbursement for each Medicaid beneficiary under the facilities care, provided that the facility has a Medicaid population in excess of 50 percent of the facility's bed capacity, as reported to the Department of Health; and

      (3)  commencing upon July 1, 2023 and in each subsequent fiscal year, assisted living facilities, comprehensive personal care homes, and assisted living programs shall receive a per diem rate of no less than $114, $104, and $94, respectively, as reimbursement for each Medicaid beneficiary under the facilities care, provided that the facility has a Medicaid population in excess of 50 percent of the facility's bed capacity, as reported to the Department of Health] care of the residence, home, or program, as applicable.  In addition, assisted living residences and comprehensive personal care homes shall receive an increased per diem rate based on the percentage of residents who are Medicaid beneficiaries, as follows:

      (1)  in the case of an assisted living residence or comprehensive personal care home with a population of Medicaid beneficiaries that is at least 15 percent but less than 30 percent of the total resident population, the per diem rate shall be $10 higher than the minimum per diem rate established under this subsection;

      (2)  in the case of an assisted living residence or comprehensive personal care home with a population of Medicaid beneficiaries that is at least 30 percent but less than 50 percent of the total resident population, the per diem rate shall be $15 higher than the minimum per diem rate established under this subsection;

      (3)  in the case of an assisted living residence or comprehensive personal care home with a population of Medicaid beneficiaries that is at least 50 percent but less than 70 percent of the total resident population, the per diem rate shall be $30 higher than the minimum per diem rate established under this subsection; and

      (4)  in the case of an assisted living residence or comprehensive personal care home with a population of Medicaid beneficiaries that is at least 70 percent, the per diem rate shall be $35 higher than the minimum per diem rate established under this subsection¹ .

      b.   ¹For the purposes of subsection a. of this section, the population of Medicaid beneficiaries at an assisted living residence or comprehensive personal care home shall be determined on a quarterly basis using the average daily census of Medicaid beneficiaries at the assisted living residence or comprehensive personal care home during that quarter measured against the total number of licensed beds approved for the assisted living residence or comprehensive personal care home by the Department of Health.

     c.¹  As used in this act, "Medicaid" means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

 

     2.    The Commissioner of Human Services shall apply for such State plan amendments or waivers as may be necessary to implement the provisions of this act and to secure federal financial participation for State Medicaid expenditures under the federal Medicaid program.

 

     3.    The Commissioner of Human Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act" P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.

 

     4.    There is appropriated from the General Fund to the Department of Human Services such an amount as is necessary, as determined by the Commissioner of Human Services, to effectuate the provisions of this act.

 

     5.    This act shall take effect immediately.