ASSEMBLY HEALTH COMMITTEE

STATEMENT TO

ASSEMBLY, No. 3110

with committee amendments

STATE OF NEW JERSEY

DATED:  JANUARY 13, 2021

      The Assembly Health Committee reports favorably and with committee amendments Assembly Bill No. 3110.

     As amended and reported, this bill requires that the temperature within rooming and boarding houses, dementia care homes, nursing homes, and residential health care facilities be maintained within a range of 65 through 81 degrees Fahrenheit.  This standard would not apply to nursing facilities, or to residential health care facilities that are owned by a licensed health care facility and licensed by the Department of Health, that are in compliance with applicable federal regulations.

     The temperature requirements under this bill would be restricted to areas of the facilities that are used by the residents or patients. The temperature requirements would not apply to rooms designated for activities requiring physical exertion, or rooms where residents can individually control the temperature in their own living units, independent from other areas.

     In the case of nursing homes and residential health care facilities, current law permits the Commissioner of Health to waive certain air conditioning requirements if compliance with the requirements would cause serious financial hardship, or if the nursing home or residential health care facility has not been constructed or expanded since August 17, 1989.  This bill does not remove these existing exceptions to temperature control requirements.

     As reported by the committee, Assembly Bill No. 3110 is identical to Senate Bill No. 537 which was reported by the committee on this date.

COMMITTEE AMENDMENTS:

      The amendments:

      1)   remove homeless shelters from the bill;

      2)   make technical changes;

      3)   provide that a nursing home or residential health care facility is not to exceed the temperature limit established pursuant to section 1 of the bill, unless permitted by applicable federal regulation;

      4)   make technical changes to the title and synopsis; and

      5)   provide that a nursing home or a residential health care facility may maintain a temperature in an area used by patients or residents that does not fall within the range provided pursuant to section 2 of the bill provided that the temperature is within a range permitted by federal regulation.