ASSEMBLY, No. 2285
STATE OF NEW JERSEY
219th LEGISLATURE
INTRODUCED JANUARY 27, 2020
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, Johnson, Assemblywomen Lopez, Downey, Assemblyman Freiman, Assemblywoman Swain, Assemblyman Tully and Assemblywoman Lampitt
SYNOPSIS
Establishes standard medical expense deduction under SNAP for certain senior citizens.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on May 18, 2021, with amendments.
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 1based on the results of a required cost-benefit analysis in a manner that has no significant negative impact to other SNAP households1 for the purposes of determining income eligibility under the New Jersey Supplemental Nutrition Assistance Program for any household which includes 1[a senior citizen, as follows:] an elderly or disabled person.
b.1 A household which includes 1[a senior citizen] an elderly or disabled person1 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 1[senior citizen] elderly or disabled person1 for a month, exclusive of special diets, is1[:]1 equal to or greater than $351[;]1 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 1[senior citizen] elderly or disabled person1 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.
1[b.] c. Implementation of the standard medical expense deduction shall not proceed if the cost-benefit analysis required pursuant to subsection a. of this section demonstrates that benefits to other enrollees would need to be decreased to implement the deduction.
d.1 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.
1[c.] e.1 As used in this act:
“Allowable medical expenses” means an allowable medical expense as defined in 7 U.S.C. s.2012(c).
1[“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]
“Elderly or disabled person” means a member of a household as defined in 7 U.S.C. s.20121.
"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 1[2021] 20221, 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.