A4050

An Act concerning nursing home emergency preparedness.

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

1. a. There is established a study commission to be known as the “Nursing Home Emergency Preparedness Study Commission.” The purpose of the study commission shall be to analyze the ability of nursing homes to respond to public health emergencies. Specifically, the commission shall analyze whether nursing homes generally maintain traditional nursing home environments or whether nursing homes generally maintain assisted living environments; examine policies and procedures established by nursing homes in the event of a declared state of emergency or a public health emergency; analyze whether nursing homes have a sufficient number of staff to meet residents’ needs during a declared state of emergency or a public health emergency; examine whether nursing homes are sufficiently funded to meet residents’ needs during a declared state of emergency or a public health emergency; and make recommendations as to how nursing homes may better meet residents’ needs in the event of a declared state of emergency or a public health emergency.

b. The Nursing Home Emergency Preparedness Study Commission shall consist of 15 members as follows:

(1) the Commissioner of Human Services, or the commissioner’s designee;

(2) the Commissioner of Health, or the commissioner’s designee;

(3) a representative from the New Jersey Hospital Association;

(4) eight members of the public with significant operational, financial, or managerial expertise in the nursing home industry, five of whom shall be representatives of entities currently operating one or more nursing homes in the State, to be appointed as follows: two members to be appointed by the Speaker of the General Assembly; two members to be appointed by the President of the Senate; two members to be appointed by the Minority Leader of the General Assembly; and two members to be appointed by the Minority Leader of the Senate; and

(5) and four members of the public to be appointed by the Governor, who have a family member residing in a nursing home, and with at least one member from the northern, central, and southern regions of the State.

c. The study commission shall organize as soon as practicable after the appointment of its members. Upon its organization, the study commission shall select a chairperson from among its members. The study commission may meet and holding meetings at the times and places it may designate. A majority of the authorized members shall constitute a quorum. Vacancies shall be filled in the same manner as the original appointments were made. The members shall serve without remuneration, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their duties on the commission, within the limits of funds appropriated or otherwise made available to the study commission for its purposes.

d. The study commission is entitled to receive assistance and services from any State, county, or municipal department, board, commission, or agency, as may be available to it for its purposes.

e. Not later than 12 months after the initial meeting of the study commission, it shall prepare and submit a written report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), presenting its analysis of the current state of nursing homes in the State. The study commission shall expire on the first day of the third month next following submission of its written report to the Governor and the Legislature, as required by this subsection.

2. This act shall take effect immediately and shall expire upon the submission of the report as required pursuant to subsection e. of section 1.

STATEMENT

This bill establishes the Nursing Home Emergency Preparedness Study Commission (commission). The purpose of the study commission is to analyze the ability of nursing homes to respond to public health emergencies. Specifically, the commission is to analyze whether nursing homes generally maintain traditional nursing home environments or whether nursing homes generally maintain assisted living environments; examine policies and procedures established by nursing homes in the event of a declared state of emergency or a public health emergency; analyze whether nursing homes have a sufficient number of staff to meet residents’ needs during a declared state of emergency or a public health emergency; examine whether nursing homes are sufficiently funded to meet residents’ needs during a declared state of emergency or a public health emergency; and make recommendations as to how nursing homes may better meet residents’ needs in the event of a declared state of emergency or a public health emergency.

The bill provides that the commission is to consist of consist of 15 members as follows: (1) the Commissioner of Human Services, or the commissioner’s designee; (2) the Commissioner of Health, or the commissioner’s designee; (3) a representative from the New Jersey Hospital Association; (4) eight members of the public with significant operational, financial, or managerial expertise in the nursing home industry, five of whom are to be representatives of entities currently operating one or more nursing homes in the State, to be appointed as follows: two members to be appointed by the Speaker of the General Assembly; two members to be appointed by the President of the Senate; two members to be appointed by the Minority Leader of the General Assembly; and two members to be appointed by the Minority Leader of the Senate; and (5) and four members of the public to be appointed by the Governor, who have a family member residing in a nursing home, and with at least one member from the northern, central, and southern regions of the State.

Not later than 12 months after the initial meeting of the commission, it is to prepare and submit a written report to the Governor, and to the Legislature presenting its analysis of the current state of nursing homes in the State. The commission is to expire on the first day of the third month following the submission of its written report to the Governor and Legislature.