Bill Text: NJ S1735 | 2010-2011 | Regular Session | Introduced


Bill Title: Increases specialized care nursing facility beds for persons with Huntington's Disease.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-12-15 - Substituted by A387 (2R) [S1735 Detail]

Download: New_Jersey-2010-S1735-Introduced.html

SENATE, No. 1735

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MARCH 11, 2010

 


 

Sponsored by:

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

Senator  ROBERT M. GORDON

District 38 (Bergen)

 

 

 

 

SYNOPSIS

     Designates Statewide specialized long-term care facility for treatment of Huntington's Disease.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act designating a Statewide specialized long-term care facility for the treatment of Huntington's Disease 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.  The Commissioner of Health and Senior Services shall designate JFK Hartwyck at Cedar Brook, a licensed long-term care facility in the City of Plainfield, Union County, as a Statewide specialized skilled nursing facility for persons requiring specialized long-term care for Huntington's Disease.

     b.    The commissioner shall issue a special care nursing facility license with 30 beds for the current Huntington's Disease unit at JFK Hartwyck at Cedar Brook and shall continue the existing Medicaid participation agreement for specialized care nursing facility services held by the facility.  The commissioner shall authorize JFK Hartwyck at Cedar Brook to expand its Huntington's Disease unit license and Medicaid provider agreement, upon submission of a licensure application to the Department of Health and Senior Services, up to a capacity of 60 beds, subject solely to the commissioner's determination that the unit is in substantial compliance with currently adopted Medicaid regulatory standards for operation of a specialized long-term care facility and long-term care facility licensure.  Notwithstanding any provision of law to the contrary, the designation and licensure shall not be subject to certificate of need review pursuant to section 7 of P.L.1971, c.136 (C.26:2H-7).

     c.     The commissioner shall adopt admission and discharge criteria for a specialized care nursing facility serving persons with Huntington's Disease, which shall also serve as the prior authorization criteria for Medicaid coverage, consistent with the provisions of this section.

     (1)   A person shall be approved for admission to a designated Huntington's Disease specialized long-term care unit in accordance with the following criteria:

     (a)   The person is at least 18 years of age or older, except as otherwise provided by the commissioner on an individual case-by-case basis;

     (b)   The person has been given a formal diagnosis of Huntington's Disease confirmed by a neurologist or other qualified physician specialist in Huntington's Disease in accordance with criteria prescribed by the commissioner in consultation with the Huntington's Disease Society of America;

     (c)   The person's family is unable or unwilling to provide care at home;

     (d)   The person does not require inpatient care in an acute care hospital; and

     (e)   The person meets the existing criteria for admission into a general long term care-facility; or, if the person does not have a need for assistance with activities of daily living, shall have at least one of the following needs:

     (i)    psychiatric care required as a result of severe cognitive deficits and behavior abnormality;

     (ii)   significant physical, occupational, or speech therapy needs; or

     (iii)   swallowing therapy in order to sustain the ability to ingest food.

     (2)  Discharge from a Huntington's Disease unit shall be based upon the clinical judgment of the physician managing the person's treatment.

     d.    The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act, including, but not limited to, the following:

     (1)   admission and discharge criteria for specialized care nursing facilities serving persons with Huntington's Disease;

     (2)   criteria for the future designation of additional specialized long-term care facility beds to meet the needs of persons with Huntington's Disease, which shall be subject to certificate of need review, and

     (3)   provisions to ensure Medicaid reimbursement of the designated specialized care facility for Huntington's Disease at a rate commensurate with other designated or licensed specialized care nursing facilities located in New Jersey.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     The purpose of this bill is to designate a Statewide specialized long-term care facility for the treatment of the hereditary disorder known as Huntington's Disease.

     The bill provides specifically as follows:

·   The Commissioner of Health and Senior Services is to designate JFK Hartwyck at Cedar Brook, a licensed long-term care facility in the City of Plainfield, Union County, as a Statewide specialized skilled nursing facility for persons requiring specialized long-term care for Huntington's Disease.

·   The commissioner is to:

     --  issue a special care nursing facility license with 30 beds for the current Huntington's Disease unit at JFK Hartwyck at Cedar Brook and continue the existing Medicaid participation agreement for specialized care nursing facility services held by the facility; and

     --  authorize JFK Hartwyck at Cedar Brook to expand its Huntington's Disease unit license and Medicaid provider agreement, upon submission of a licensure application to the Department of Health and Senior Services, up to a capacity of 60 beds, subject solely to the commissioner's determination that the unit is in substantial compliance with currently adopted Medicaid regulatory standards for operation of a specialized long-term care facility and long-term care facility licensure.

·   Notwithstanding any provision of law to the contrary, the designation and licensure will not be subject to certificate of need review pursuant to section 7 of P.L.1971, c.136 (C.26:2H-7).

·   The commissioner is to adopt admission and discharge criteria for a specialized care nursing facility serving persons with Huntington's Disease, which will also serve as the prior authorization criteria for Medicaid coverage, consistent with the provisions of this bill.

·   The commissioner is to adopt rules and regulations to effectuate the purposes of the bill, including, but not limited to, the following:

     --  admission and discharge criteria for specialized care nursing facilities serving persons with Huntington's Disease;

     --  criteria for the future designation of additional specialized long-term care facility beds to meet the needs of persons with Huntington's Disease, which will be subject to certificate of need review; and

     --  provisions to ensure Medicaid reimbursement of the designated specialized care facility for Huntington's Disease at a rate commensurate with other designated specialized care nursing facilities located in New Jersey.

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