A3082

An Act concerning housing related services provided to Medicaid recipients 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. Subject to approval of the Secretary of the federal Department of Health and Human Services for federal financial participation, the Commissioner of Human Services shall establish, within the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.), a program to assist individuals experiencing chronic homelessness in obtaining and maintaining sustainable housing. The commissioner may establish the program as a component of an existing Medicaid home- and community-based services program that is accessible by individuals experiencing chronic homelessness, or as a new and separate Medicaid program.

b. The program shall include State-level housing-related collaborative activities, including developing formal and informal agreements among the Department of Human Services, the Department of Community Affairs, county welfare agencies, and county and local housing and community development agencies to facilitate access to existing and new housing resources.

c. The program shall also include individual housing transition services, which may include:

(1) conducting a tenant screening and housing assessment to identify an individual’s preferences and barriers to successful tenancy;

(2) developing an individualized housing support plan;

(3) assisting with the housing search and application processes;

(4) identifying resources to cover transition costs;

(5) ensuring the environment is safe and ready for move-in;

(6) assisting in arranging for and supporting the details of the move; and

(7) developing a housing support crisis plan that includes prevention and early intervention services when housing is jeopardized.

d. The program shall also include individual housing and tenancy sustaining services, which may include:

(1) providing early identification and intervention for behaviors that may jeopardize housing such as late rental payment and other lease violations;

(2) education and training on the role, rights, and responsibilities of the tenant and landlord;

(3) coaching on developing and maintaining key relationships with landlord and property managers with a goal of fostering successful tenancy;

(4) assistance in resolving disputes with landlords or neighbors to reduce risk of eviction or other adverse action;

(5) advocacy and linkage with community resources to prevent eviction when housing is or may potentially become jeopardized;

(6) assistance with the housing recertification process;

(7) coordinating with the tenant to review update, and modify their housing support and crisis plan on a regular basis to reflect current needs and address existing or recurring housing retention barriers; and

(8) continuing training in being a good tenant and lease compliance, including ongoing support with activities related to household management.

2. The Commissioner of Human Services 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 participating for State Medicaid expenditures under the federal Medicaid program.

3. 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.), as necessary to effectuate the purposes of this act.

4. This act shall take effect on the first day of the seventh month next following the date of enactment, except the Commissioner of Human Services may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill establishes a Medicaid program to provide housing-related services to individuals experiencing chronic homelessness.

The program would include State-level collaborative activities, intended to develop closer relationships among the various State, county, and local programs that provide services to individuals experiencing homelessness. It would also provide individual housing transition services and individual housing and tenancy sustaining services to individuals experiencing chronic homelessness. The bill provides several specific services that may be provided, but permits the Commissioner of Human Services to determine the appropriate service package and service delivery modalities.

Currently, individuals experiencing chronic homelessness are generally entitled to medical assistance benefits through the Medicaid program, which are often necessary to treat mental health and substance use disorders that may both cause and be exacerbated by homelessness. Research suggests that the lack of a stable home may limit the effectiveness of these treatments, which thereby makes it less likely that an individual will be able to live a stable, healthy life. Communities with large homeless populations are increasingly turning to a strategy called “housing first,” in which homeless people are helped into a permanent home before or at the same time as other services address the medical and behavioral problems that may provide obstacles to long-term successful tenancy. Although the federal government does not allow federal Medicaid reimbursement for room and board expenses, the Centers for Medicare and Medicaid Services issued guidance in June 2015 on the types of housing-related services for which states can claim Medicaid reimbursement. This bill is intended to take advantage of such federal reimbursements to improve services provided to individuals experiencing chronic homelessness, while making available State, county, and local resources that can be repurposed to support other services for the homeless.