[First Reprint]

SENATE, No. 2118

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED MARCH 3, 2022

 


 

Sponsored by:

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

Senator  RICHARD J. CODEY

District 27 (Essex and Morris)

 

 

 

 

SYNOPSIS

     Requires DHS to conduct annual Medicaid eligibility redeterminations.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Health, Human Services and Senior Citizens Committee on March 10, 2022, with amendments.

  


An Act providing for annual Medicaid eligibility redeterminations and supplementing Title 30 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  As used in this section:

     “Beneficiary” means an individual eligible for medical assistance through 1[the]1 Medicaid 1[program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.)]1 or 1[the]1 NJ FamilyCare 1[program, established pursuant to P.L.2005, c.156 (C.30:4J-8 et al.)]1 .

     “Commissioner” means the Commissioner of Human Services.

     “Division” means the Division of Medical Assistance and Health Services in the Department of Human Services.

     “Eligibility redetermination” means the administrative process by which the division or a county welfare agency reviews a beneficiary’s income, financial resources, and circumstances relating to the beneficiary’s application for continuation of benefits received under 1[the]1 Medicaid or 1[the]1 NJ FamilyCare 1[programs]1 .

     1“Medicaid” means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

     “NJ FamilyCare” means the NJ FamilyCare program established pursuant to P.L.2005, c.156 (C.30:4J-8 et al.).1

     b.    The division or a county welfare agency shall conduct an eligibility redetermination for a beneficiary no less than 365 days following the date of the beneficiary’s initial enrollment 1in1, or the date of the beneficiary’s last eligibility redetermination 1for1 , 1[in the]1  Medicaid 1[program, established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.),]1 or 1[the]1 NJ FamilyCare 1[program, established pursuant to P.L.2005, c.156 (C.30:4J-8 et al.)]1 .  The commissioner shall determine the means and method by which an eligibility redetermination shall be conducted.

     c.     1[The] To the extent permitted under federal law and regulation, the1 commissioner shall provide for 12 months of continuous Medicaid eligibility 1[, without imposing any reporting requirements regarding changes of income or resources,]1 for adult eligibility groups 1[,] without imposing any reporting requirements regarding changes of income or resources and1 regardless of the delivery system through which the beneficiary receives benefits 1[and to the extent permitted under federal law and regulation]1 .

     d.    The commissioner 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.

 

     2.    The Commissioner 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.) to effectuate the purposes of this act.

 

     3.    This act shall take effect on the first day of the 1first full1 month 1next1 following the expiration of the federal public health emergency declared in response to the SARS-CoV-2 pandemic, except that the 1[commissioner] Commissioner of Human Services1 may take any anticipatory administrative action in advance thereof as may be necessary for the implementation of this act.