Bill Text: NJ S2284 | 2010-2011 | Regular Session | Amended
Bill Title: Requires assisted living residence or comprehensive personal care home that surrenders its license and promised not to discharge Medicaid residents to escrow funds to pay for care in alternate facility. *
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2010-12-13 - Substituted by A3405 (1R) [S2284 Detail]
Download: New_Jersey-2010-S2284-Amended.html
SENATE, No. 2284
STATE OF NEW JERSEY
214th LEGISLATURE
INTRODUCED SEPTEMBER 23, 2010
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Requires assisted living residence or comprehensive personal care home that surrenders its license and promised not to discharge Medicaid residents to escrow funds to pay for care in alternate facility.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on November 8, 2010, with amendments.
An Act concerning assisted living residences 1and comprehensive personal care homes1 and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 1a.1 If a facility licensed to operate as an assisted living residence 1or comprehensive personal care home1 pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) opts to surrender its license and has promised a resident 1[of the assisted living residence] of the facility1 or the resident's responsible party, in writing through a resident agreement or other instrument, or through a condition of licensure or certificate of need with the Department of Health and Senior Services, that it will not discharge a resident who becomes Medicaid-eligible, as that term is defined in section 1 of P.L.2001, c.234 (C.26:2H-12.16), the facility shall escrow sufficient funds, as determined by the Commissioner of Health and Senior Services, to cover the cost of providing such a resident with care in an alternate State-licensed assisted living residence 1or comprehensive personal care home1 for as long as the resident shall require such care.
1b. The facility shall cover any costs necessary to utilize such actuarial services as the Department of Health and Senior Services may require to determine the amount to be escrowed pursuant to subsection a. of this section.
c. In the event of a facility bankruptcy, any monies left over after all creditors have been paid shall be used, to the maximum extent practicable, to cover the cost of care provided to a resident in an alternate State-licensed assisted living residence or comprehensive personal care home pursuant to subsection a. of this section.1
2. This act shall take effect immediately.
