Bill Text: NJ A1862 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires procurement of management support and other services for certain nursing homes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Aging and Human Services Committee [A1862 Detail]
Download: New_Jersey-2024-A1862-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblyman Danielsen
SYNOPSIS
Requires procurement of management support and other services for certain nursing homes.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning nursing homes and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. If the Department of Health identifies a nursing home in substantial violation, or with a pattern and practice of habitual violations, of the standards of health, safety, and resident care established under federal or State law, the department may, with adequate notice and as appropriate, provide or appoint at the expense of the nursing home, or direct the nursing home to employ, contract with, or otherwise provide, a monitor or other vendor for management support services and resources, consultative services, staffing services, or any other support that may be necessary to:
(1) remedy the violations or deficient conditions;
(2) transition the nursing home to new ownership;
(3) facilitate the safe and orderly closure of the nursing home if ordered by the department; or
(4) avoid the cessation of operations of the nursing home.
b. (1) A monitor or vendor shall not be selected pursuant to subsection a. of this section, unless the monitor or vendor demonstrates expertise in long-term care administration, management, or operations, and the ability to serve for a period of time as may be determined by the Department of Health.
(2) The monitor or vendor shall report to the Commissioner of Health and the nursing home and its owners in a manner prescribed by the Department of Health.
(3) The Department of Health shall, directly, or indirectly through a third-party, oversee the actions and recommendations of the monitor or vendor to ensure that the residents of the nursing home receive adequate care.
c. A monitor or vendor selected pursuant to subsection a. of this section may:
(1) attend any meetings of the nursing home's: owners or board, executive committee, finance committee, steering committee, infection control committee, or any other meeting of the nursing home, including meetings held with the federal Centers for Medicare and Medicaid Services if permitted under federal law;
(2) hire consultants;
(3) undertake studies of the nursing home;
(4) access records of the nursing home in a manner that is consistent with federal and State privacy laws;
(5) convene meetings with the owners of a nursing home; and
(6) take actions that are necessary and appropriate to protect the health, safety, and welfare of the residents of the nursing home.
d. The Department of Health may take such other actions as appropriate to ensure the continuity of care and safety of residents of the nursing home.
2. The Commissioner of Health shall adopt rules and regulations as necessary to effectuate the provisions of this act, which rules and regulations shall be effective immediately upon filing with the Office of Administrative Law for a period not to exceed 18 months, and may, thereafter, be amended, adopted, or readopted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
3. This act shall take effect immediately.
STATEMENT
This bill requires the procurement of management support and other services for certain nursing homes.
Under the bill, if the Department of Health identifies a nursing home in substantial violation, or with a pattern and practice of habitual violations, of the standards of health, safety, and resident care established under federal or State law, the department may, with adequate notice and as appropriate, provide or appoint at the expense of the nursing home, or direct the nursing home to employ, contract with, or otherwise provide, a monitor or other vendor for management support services and resources, consultative services, staffing services, or any other support that may be necessary to: (1) remedy the violations or deficient conditions; (2) transition the nursing home to new ownership; (3) facilitate the safe and orderly closure of the nursing home if ordered by the department; or (4) avoid the cessation of operations of the nursing home.
A monitor or vendor selected pursuant to the bill's provisions may: (1) attend any meetings of the nursing home's: owners or board, executive committee, finance committee, steering committee, infection control committee, or any other meeting of the nursing home, including meetings held with the federal Centers for Medicare and Medicaid Services if permitted under federal law; (2) hire consultants; (3) undertake studies of the nursing home; (4) access records of the nursing home in a manner that is consistent with federal and State privacy laws; (5) convene meetings with the owners of a nursing home; and (6) take actions that are necessary and appropriate to protect the health, safety, and welfare of the residents of the nursing home.
