ASSEMBLY, No. 4729

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED MARCH 20, 2017

Sponsored by:

Assemblyman  JOHN F. MCKEON

District 27 (Essex and Morris)

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

SYNOPSIS

     Eliminates certificate of need requirement for special care nursing facilities.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning certificate of need requirements for special care nursing facilities and amending P.L.1992, c.160.

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

     1.    Section 19 of P.L.1992, 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;

     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;

Special care nursing facilities;

     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.2015, c.125, s.2)

     2.    This act shall take effect immediately.

STATEMENT

     This bill would eliminate the requirement for a certificate of need from the Department of Health (DOH) to develop or expand a special care nursing facility.

     Current law and regulations concerning certificate of need requirements do not differentiate between special care nursing facilities and traditional nursing facilities.  Establishing a new facility or expanding an existing facility requires permission from the DOH, granted pursuant to a call by the DOH for applications.  There are currently only limited exceptions to the requirement for modest expansions of existing facilities and for certain religiously affiliated nursing facilities intended to serve a religious community.