Bill Text: NJ A4881 | 2020-2021 | Regular Session | Amended
Bill Title: Prohibits appeal of land use decision related to holding meeting electronically.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2021-09-24 - Approved P.L.2021, c.230. [A4881 Detail]
Download: New_Jersey-2020-A4881-Amended.html
Sponsored by:
Assemblyman WILLIAM F. MOEN, JR.
District 5 (Camden and Gloucester)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblywoman DIANNE C. GOVE
District 9 (Atlantic, Burlington and Ocean)
Co-Sponsored by:
Assemblyman Benson, Assemblywomen Vainieri Huttle, Speight, Dunn, DiMaso, Reynolds-Jackson and Assemblyman Johnson
SYNOPSIS
Establishes New Jersey Task Force on Long-Term Care Quality and Safety.
CURRENT VERSION OF TEXT
As reported by the Assembly State and Local Government Committee on March 17, 2021, with amendments.
An Act concerning appeals of electronic meetings held under the "Municipal Land Use Law" during 1[a declared] the1 emergency 1[, and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.)] declared in response to the COVID-19 pandemic1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. a. There is established the New Jersey Task Force on Long-Term Care Quality and Safety, which shall be tasked with developing recommendations to make changes to the long-term system of care to drive improvements in person-centered care, resident and staff safety, improvements in quality of care and services, workforce engagement and sustainability, and any other appropriate aspects of the long-term system of care in New Jersey as the task force elects to review. The task force shall specifically focus on:
(1) developing factors to optimize the balance of services and supports;
(2) expanding home and community-based services;
(3) nursing home reforms, including implementing new care models, optimizing nursing home size and configurations to foster resident wellness and infection control, increasing clinical presence in nursing homes, and identifying appropriate nursing home staffing levels and ratios based on resident acuity and special population needs; and
(4) broader reforms to the long-term system of care, including developing technology requirements to enable enhanced use of telemedicine and telehealth, instituting workforce engagement and advancement models including career laddering options and structures, increasing the use of Medicaid managed care to drive improvements in quality and oversight of nursing homes, and establishing acuity adjustments for Medicaid managed care payments to nursing homes.
b. The task force shall comprise 21 members as follows:
(1) the Commissioner of Health, the Commissioner of Human Services, and the New Jersey Long-Term Care Ombudsman, or their designees, who shall serve ex officio;
(2) Six public members to be appointed by the Governor, which public members shall include at least one member representing each of the following: a non-profit nursing home; a for-profit long-term care facility; a nurse with significant experience in long-term care; a consumer rights advocate with experience or background related to long-term care; an expert on aging policy; and a Medicaid managed care organization;
(3) Six public members to be appointed by the Senate President, which public members shall include at least one member representing each of the following: a for-profit nursing home; a medical director for a non-profit nursing home; a certified nurse assistant; an advocate for worker safety in long-term care facilities; an expert on disability policy; and a resident of a nursing home or a long-term care facility; and
(4) Six public members to be appointed by the Speaker of the General Assembly, which public members shall include at least one member representing each of the following: a non-profit long-term care facility; a medical director for a for-profit nursing home; a resident rights advocate; an expert on long-term care policy; an expert on infection control and prevention; and a family member of a resident of a nursing home or a long-term care facility.
c. The members of the task force shall be appointed, and the task force shall organize, no later than 45 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The members shall select a chairperson and a vice-chairperson from among the public members. The chairperson may appoint a secretary to the task force, who need not be a member of the task force. The task force shall meet at the call of the chairperson.
d. Members of the task force shall serve without compensation, but shall be reimbursed for necessary expenditures incurred in the performance of their duties as members of the task force, within the limits of funds appropriated or otherwise made available to the task force for its purposes.
e. The Department of Health shall provide administrative and staff support to the task force. The task force shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available for its purposes.
f. No later than one year after its organization, the task force shall 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 its recommendations developed pursuant to this section. The task force shall dissolve 30 days following the date on which it submits its report under this subsection.]1
11. Notwithstanding any provision of law, rule, or regulation to the contrary, a decision of a municipal agency based, in whole or in part, on a meeting held by means of communication or other electronic equipment shall not be appealable on grounds attributable to convening the meeting by means of communication or other electronic equipment, including but not limited to, lack of a physical quorum, lack of proper notice, conduct of the meeting, or lack of a reasonable opportunity to be heard or otherwise participate in the meeting, provided that notice of the meeting, and the conduct of the meeting, is consistent with this section, and with guidance documents issued by, or rules or regulation promulgated by, the Department of Community Affairs and published on the department's Internet website on the date the applicant requested the list pursuant to subsection c. of section 7.1 of P.L.1975, c.291 (C. 40:55D-12). All notices required by the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) shall include directions for remote access by the public as provided to the applicant by the municipal agency.1
2. This act shall take effect immediately and shall be applicable to a meeting conducted by a municipal agency on or after March 9, 2020 and during a period declared 1, in response to the COVID-19 pandemic,1 pursuant to the laws of this State as a state of emergency, public health emergency, or both, or for a reasonable period of time following cessation of a declared emergency, if so provided by executive order.
