Bill Text: NJ S3847 | 2020-2021 | Regular Session | Amended
Bill Title: Establishes program for certain individuals to become certified nursing assistants and provide private duty nursing services to certain Medicaid enrollees under increased reimbursement rates.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2022-01-10 - Passed by the Senate (38-1) [S3847 Detail]
Download: New_Jersey-2020-S3847-Amended.html
Sponsored by:
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Establishes program for certain individuals to become certified nursing assistants and provide private duty nursing services to certain Medicaid enrollees under increased reimbursement rates.
CURRENT VERSION OF TEXT
As reported by the Senate Budget and Appropriations Committee on January 6, 2022, with amendments.
An Act concerning certified nursing assistants and home care services and supplementing P.L.1968, c.413 (C.30:4D-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No later than 1[six] nine1 months after the effective date of this act 1and receipt of federal approval for the program1 , the Division of Medical Assistance and Health Services in the Department of Human Services shall establish a program under which a family member of an enrollee in Medicaid or NJ FamilyCare, or a third-party individual approved by the parent or guardian of an enrollee in Medicaid or NJ FamilyCare, may be certified as certified nursing assistant and, under the direction of a registered nurse, provide certified nursing assistant services to the enrollee through a private duty nursing agency under the reimbursement rates established pursuant to subsection d. of this section, provided that the enrollee is under 21 years of age and qualifies for private duty nursing services under Medicaid or NJ FamilyCare. The division shall develop an assessment tool that will allow the division to readily identify enrollees who meet these eligibility criteria.
b. The program established pursuant to this section shall require the family member or approved third-party individual to complete all the training, testing, and other qualification criteria as are required under State and federal law for certification as a certified nursing assistant. The private duty nursing services agency that will employ the family member or approved third-party individual to provide private duty nursing services to the enrollee shall pay all costs for the family member or approved third-party individual to become certified as a certified nursing assistant. In no case shall a family member or approved third-party individual who becomes a certified nursing assistant under the provisions of this section be required to repay or reimburse the private duty nursing services agency for the costs of the family member or approved third-party individual becoming certified as a certified nursing assistant under the program.
c. The tasks delegated by a registered nurse to a family member who becomes certified as a certified nursing assistant pursuant to this section shall be consistent with the tasks that may be generally delegated to certified nursing assistants pursuant to the rules of the New Jersey Board of Nursing.
d. Certified nursing
assistant services provided by a family member of a Medicaid or NJ FamilyCare
enrollee or an approved third-party individual who becomes certified as a
certified nursing
assistant under the program established pursuant to this section shall be reimbursed 1to a private duty nursing agency1 at a rate of no less than $30 per hour for such time as the enrollee is under 21 years of age.
1e. The Director of the Division of Medical Assistance and Health Services in the Department of Human Services shall, no later than three years after the date the program is established pursuant to this section, prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, concerning the viability of the program and the director's recommendations concerning the program.1
2. The Assistant Commissioner of the Division of Medical Assistance and Health Services in the Department 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.), as are necessary to implement the provisions of this act.
3. 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.
4. This act shall take effect immediately.
