ASSEMBLY, No. 2798

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED FEBRUARY 28, 2022

 


 

Sponsored by:

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington)

Assemblywoman  SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblywoman Speight

 

 

 

 

SYNOPSIS

     Prohibits hourly wages earned in supporting health promotion or disease prevention program from income eligibility determination under NJ FamilyCare, Medicaid, and SNAP.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning income determination under the NJ FamilyCare program, Medicaid program, and Supplemental Nutrition Assistance Program and supplementing Title 30 and Title 44 of the Revised Statutes.

 

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

 

     1.    a. Notwithstanding any law, rule, or regulation to the contrary, the Division of Medical Assistance and Health Services in the Department of Human Services shall not include any income earned in supporting a health promotion or disease prevention program as an hourly employee of a community-based organization, local health department, or other similar organization in determining an applicant’s income eligibility, or  re-determining a beneficiary’s income eligibility, for the Medicaid program or the NJ FamilyCare program.

     b.    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 participation for State Medicaid expenditures under the federal Medicaid program.

     c.     As used in this section,

     “Disease prevention program” means a program that involves actions or efforts to reduce or eliminate exposure to risks that might increase the chances that an individual or a community will incur disease.

     “Health promotion program” means a program that engages and empowers individuals and communities to develop behaviors that improve and maintain an individual’s health.

     “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.).

 

     2.    a. Notwithstanding any law, rule, or regulation to the contrary, the Division of Family Development in the Department of Human Services shall not include any income earned in supporting a health promotion or disease prevention program as an hourly employee of a community-based organization, local health department, or other similar organization in determining  an applicant’s income eligibility, or re-determining a beneficiary’s income eligibility, for the Supplemental Nutrition Assistance Program. 

     b.    The Commissioner of Human Services shall apply to the Food and Nutrition Service within the United States Department of Agriculture for any necessary waivers or approvals to implement the provisions of this act.

     c.     As used in this section,

     “Disease prevention program” means a program that involves actions or efforts to reduce or eliminate exposure to risks that might increase the chances that an individual or community will incur disease.

     “Health promotion program” means a program that engages and empowers individuals and communities to develop behaviors that improve and maintain an individual’s health.

     “Supplemental Nutrition Assistance Program” means the New Jersey Supplemental Nutrition Assistance Program established pursuant to the federal "Food and Nutrition Act of 2008," as amended through Pub.L.110-246 (7 U.S.C. s.2011 et seq.).

 

     3.    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.

 

     4.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill prohibits the Department of Human Services from using any income earned in supporting a health promotion or disease prevention program as an hourly employee of a community-based organization, local health department, or other similar organization in determining an applicant’s income eligibility, or re-determining a beneficiary’s income eligibility, for the Medicaid program, the NJ FamilyCare program, or the Supplemental Nutrition Assistance Program (SNAP).

     Under the bill, “disease prevention program” means a program that involves actions or efforts to reduce or eliminate exposure to risks that might increase the chances that an individual or a community will incur disease.  “Health promotion program” means a program that engages and empowers individuals and communities to develop behaviors that improve and maintain an individual’s health.

     It is the sponsor’s goal that this legislation will prevent applicants and enrollees of Medicaid, NJ FamilyCare, and SNAP from jeopardizing their benefits when earning nominal income for certain public health work, such as promoting the administration of the coronavirus disease 2019 (COVID -19) vaccination or other efforts to prevent the spread of COVID-19.