Sponsored by:
Assemblyman JOHN ARMATO
District 2 (Atlantic)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblywomen Speight, Carter, Assemblymen Chiaravalloti and Johnson
SYNOPSIS
Establishes standard medical expense deduction under SNAP for certain senior citizens.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning income eligibility under the New Jersey Supplemental Nutrition Assistance Program for certain senior citizens and supplementing Title 44 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Division of Family Development in the Department of Human Services shall implement a standard medical expense deduction for the purposes of determining income eligibility under the New Jersey Supplemental Nutrition Assistance Program for any household which includes a senior citizen, as follows: A household which includes a senior citizen shall be entitled to the standard medical expense deduction in an amount agreed upon by the Department of Human Services and the United States Department of Agriculture, provided that the amount of actual costs of allowable medical expenses incurred by the senior citizen for a month, exclusive of special diets, is: equal to or greater than $35; and does not include any expenses paid on behalf of the household by a third party. If the amount of actual costs of allowable medical expenses incurred by the senior citizen for a month, exclusive of special diets, is greater than the established standard medical deduction, then the medical expense deduction shall equal the amount of those actual costs.
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 a standard medical expense deduction, pursuant to subsection a. of this section, under the New Jersey Supplemental Nutrition Assistance Program.
c. As used in this act:
“Allowable medical expenses” means an allowable medical expense as defined in 7 U.S.C. s.2012(c).
“Senior citizen” means an individual who is 60 years of age or older by the last day of the month in which the application for New Jersey Supplemental Nutrition Assistance Program benefits is submitted.
"Supplemental Nutrition Assistance Program" means the supplemental nutrition assistance program, established pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.110-246 (7 U.S.C. s.2011 et seq.).
2. 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 may be necessary to implement the provisions of this act.
3. This act shall take effect no later than the beginning of federal fiscal year 2021, pending approval by the United States Department of Agriculture, but the Commissioner of Human Services may take such anticipatory administrative action in advance thereof as may be necessary for the implementation of this act.
STATEMENT
This bill establishes a standard medical expense deduction under the New Jersey Supplemental Nutrition Assistance Program (NJ SNAP), formerly known as the Food Stamps Program, for certain senior citizens. Specifically, this bill requires the Division of Family Development in the Department of Human Services to implement a standard medical expense deduction for the purposes of determining income eligibility under the NJ SNAP for any household which includes a senior citizen.
Under the bill, a household including a senior citizen, defined as an individual who is 60 years of age or older by the last day of the month in which the application for NJ SNAP benefits is submitted, is to be entitled to a standard medical expense deduction in an amount agreed upon by the Department of Human Services and the United States Department of Agriculture, provided that the amount of actual costs of allowable medical expenses incurred by the senior citizen for a month, exclusive of special diets, is: equal to or greater than $35; and does not include any expenses paid on behalf of the household by a third party. If the amount of actual costs of allowable medical expenses incurred by the senior citizen for a month, exclusive of special diets, is greater than the established standard medical deduction, then the medical expense deduction shall equal the amount of those actual costs.
Under the bill, allowable medical expenses means an allowable medical expense as defined in 7 U.S.C. s.2012(c), which includes expenditures for (1) medical and dental care, (2) hospitalization or nursing care, (3) prescription drugs when prescribed by a licensed practitioner authorized under State law and over-the-counter medication (including insulin) when approved by a licensed practitioner or other qualified health professional, (4) health and hospitalization insurance policies, (5) Medicare premiums, (6) dentures, hearing aids, and prosthetics, (7) eye glasses prescribed by a physician skilled in eye disease or by an optometrist, (8) reasonable costs of transportation necessary to secure medical treatment or services, and (9) maintaining an attendant, homemaker, home health aide, housekeeper, or child care services due to age, infirmity, or illness.
The Commissioner of Human Services is required to apply to the Food and Nutrition Service within in the United States Department of Agriculture for any necessary waivers or approvals to implement a standard medical expense deduction under the NJ SNAP.
The bill will take effect no later than the beginning of federal fiscal year 2021, pending approval from the United States Department of Agriculture, but the Commissioner of Human Services may take anticipatory administrative action in advance.