ASSEMBLY, No. 1367

STATE OF NEW JERSEY

219th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

SYNOPSIS

     Requires Commissioner of Human Services to ensure coverage of respite care services for eligible Medicaid beneficiaries when primary payer denies coverage of such services for any reason.

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

An Act concerning respite care and supplementing Title 30 of the Revised Statutes.

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

     1.    The Commissioner of Human Services shall establish such procedures as are necessary to ensure that coverage for respite care services is provided to a Medicaid beneficiary under the following circumstances:

     a.     the beneficiary’s primary payer for health care services, whether public or private, denies coverage, for any reason, for respite care services; and

     b.    the beneficiary is eligible under Medicaid for coverage of respite care services.

     The provisions of this section shall not be construed to alter any eligibility requirements for respite care services under Medicaid. 

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

2.    The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to implement the provisions of this act.

     3.    This act shall take effect immediately.

STATEMENT

     This bill requires the Commissioner of Human Services to ensure coverage of respite care services for eligible Medicaid beneficiaries when a primary payer denies coverage of such services for any reason.  As used in the bill, “Medicaid” means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

     Under the bill, the commissioner is required to establish such procedures as are necessary to ensure that coverage for respite care services is provided to a Medicaid beneficiary under the following circumstances:

     1)    the beneficiary’s primary payer for health care services, whether public or private, denies coverage, for any reason, for respite care services; and

     2)    the beneficiary is eligible under Medicaid for coverage of respite care services.

     The provisions of this bill are not to be construed to alter any eligibility requirements for respite care services under Medicaid.