§1
C.26:2H-12.109
An Act concerning hospitals 4[, amending P.L.1992, c.160,]4 and supplementing P.L.1971, c.136 (C.26:2H-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
4[1. Section 19 of P.L.1992, c.160 (C.26:2H-7a) is amended to read as follows:
19. Notwithstanding the provisions of section 7 of P.L.1971, c.136 (C.26:2H-7) to the contrary, the following are exempt from the certificate of need requirement:
Community-based primary care centers;
Outpatient drug and alcohol services;
Hospital-based medical detoxification for drugs and alcohol;
Ambulance and invalid coach services;
Mental health services which are non-bed related outpatient services;
Residential health care facility services;
Dementia care homes;
Capital improvements and renovations to health care facilities;
Additions of medical/surgical, adult intensive care and adult critical care beds in hospitals;
Inpatient special psychiatric beds used solely for services for patients with co-occurring mental health and substance use disorders;
Housing and wrap-around services for 1[the] individuals who are1 homeless 1or housing insecure1 3[provided]3 pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill);
Replacement of existing major moveable equipment;
Inpatient operating rooms;
Alternate family care programs;
Hospital-based subacute care;
Ambulatory care facilities;
Comprehensive outpatient rehabilitation services;
Special child health clinics;
New technology in accordance with the provisions of section 18 of P.L.1998, c.43 (C.26:2H-7d);
Transfer of ownership interest except in the case of an acute care hospital;
Change of site for approved certificate of need within the same county;
Additions to vehicles or hours of operation of a mobile intensive care unit;
Relocation or replacement of a health care facility within the same county, except for an acute care hospital;
Continuing care retirement communities authorized pursuant to
P.L.1986, c.103 (C.52:27D-330 et seq.);
Magnetic resonance imaging;
Adult day health care facilities;
Pediatric day health care facilities;
Chronic or acute renal dialysis facilities; and
Transfer of ownership of a hospital to an authority in accordance with P.L.2006, c.46 (C.30:9-23.15 et al.).
(cf: P.L.2017, c.94, s.1)]4
4[2. (New section)] 1.4 a. A general acute care hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) may adopt as part of its mission the goal of addressing issues related to homelessness 4[1and] or4 housing insecurity1 . A hospital that chooses to address issues related to homelessness 4[1and] or4 housing insecurity1 as part of its mission pursuant to 1[subsection a. of]1 this section shall be authorized to construct 1, rehabilitate, or remediate1 housing 4, or enter into a partnership or other contractual arrangement therefor,4 and provide wrap-around services for 1individuals who are1 homeless 1[persons] 4[and] or4 housing insecure1 4, or enter into a partnership or other contractual arrangement therefor,4 who are treated at the hospital, which wrap-around services may include:
(1) referrals to outpatient primary care and behavioral health care services;
(2) appropriate follow-up care and treatment management assistance;
(3) assistance identifying and procuring sources of health benefits coverage, including, but not limited to, coverage under the State Medicaid and NJ FamilyCare programs pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) and P.L.2005, c.156 1[(C.30:4J-1 et al.)] (C.30:4J-8 et al.)1 ; and
(4) assistance in identifying and accessing appropriate social services, including, but not limited to, food, transportation, housing, employment, and child care assistance.
4Such hospital shall notify the Department of Health as to the wrap-around services intended to be provided pursuant to this section and if any such service is subject to the Department of Health's healthcare facility licensing requirements the service shall be licensed prior to it being provided. To the extent practicable, a hospital may collaborate with a regional health hub to provide the wrap-around services described in paragraphs (1) through (4) of this subsection.4
b. 4[3The number of housing units that are constructed, rehabilitated, or remediated in a particular municipality pursuant to this section shall be subtracted from the total number of affordable housing units that may be required in that municipality by the Council on Affordable Housing in the Department of Community Affairs.3]4 Housing for 1[the] individuals who are1 homeless 1or housing insecure1 constructed 1, rehabilitated, or 2[remediatied1] remediated2 by a hospital 4, or its partners or contractors,4 pursuant to subsection a. of this section shall be 1:
(1)1 deemed a permitted use in all residential and nonresidential districts of a municipality and shall be exempt from local zoning restrictions 1; and
(2) exempt from the Department of Health's health care facility licensing requirements, provided that, if wrap-around services provided in connection with the housing are provided in a health clinic or other comparable health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), the clinic or facility shall comply with the department's health care facility licensing requirements1 .
c. Commencing one year after the date a hospital 4, or its partners or contractors,4 first constructs 1, rehabilitates, or remediates1 housing and begins providing wrap-around services for 1[the] individuals who are1 homeless 1or housing insecure1 pursuant to subsection a. of this section, and annually thereafter, the hospital shall report to the 1[Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1),] the 4[Departments] Department4 of Health 4[and Human Services1]4 concerning any reductions in the number of 1[charity care] inpatient1 admissions 1and emergency department visits1 at the hospital 1and increased usage of preventative care related to the construction, rehabilitation, or remediation of housing and the provision of wrap-around services by the hospital 4or its partners or contractors,4 to individuals who are homeless 4[and] or4 housing insecure1 over the previous year. 1The report shall include data based on each payer type for inpatient admissions and emergency department visits, including charity care 4[. A health care system shall be permitted to submit the report required under this subsection to the departments on behalf of one or more of the hospitals that are part of the health care system] and, to the extent practicable, shall include input from local stakeholders, including regional health hubs, on program design and implementation. The report may be shared with regional health hubs to assist the Department of Health in program design, population analysis, strategic planning, and other appropriate functions4 .
d. The 4[Departments] Department4 of Health 4[and Human Services]4 shall annually provide to the Legislature 4[an analysis of the] a report aggregating the data contained in the4 reports submitted to the 4[departments] department4 by a hospital 4[or health care system, as applicable,]4 pursuant to subsection c. of this section 3for five years following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) 4[. Thereafter, the Departments of Health and Human Services shall provide the Legislature the analysis of the reports submitted to the departments by a hospital or health care system] and4 quinquennially3 4thereafter4 .
e. As used in this section, "individual who is 4homeless or4 housing insecure" means a person 4[: whose housing costs are more than 2[50] 302 percent of the person's monthly income; who lives in substandard or poor quality housing 2which impacts the person's health and safety2 ; who lives in a house or apartment with overcrowded conditions which impact the person's health and safety; 2[who lives in a house or apartment with other individuals or families in order to share housing costs;]2 who is experiencing housing instability, including, but not limited to, periods of living in shelters or hotels or frequent moves from house to house due to economic reasons; or] or household4 who 4is homeless or4 experiences periods of homelessness 4as either of those terms is defined pursuant to the federal McKinney-Vento Homeless Assistance Act, (42 U.S.C. s.11301 et seq.), the Qualified Allocation Plan adopted by the New Jersey Housing and Mortgage Finance Agency, or any other State or federal program specifically designed to assist such persons or households; or a person or household eligible for and occupying very-low-income housing, low-income housing, or moderate-income housing as those terms are defined in section 4 of P.L.1985, c.222 (C.52:27D-304).
f. This section shall not be construed to invalidate or otherwise limit the credit or bonus credit for which a municipality may otherwise be eligible to receive in accordance with P.L.1985, c.222 (52:27D-301 et seq.) or any court order issued or settlement agreement executed consistent therewith.
g. This section shall not be construed to invalidate or otherwise limit the authority or ability to facilitate or enter into such arrangements, or agreements, or projects under existing law4 .1
4[3.] 2.4 This act shall take effect immediately.
Allows hospitals to construct housing and provide wrap-around services for individuals who are homeless or housing insecure.