SENATE, No. 2813

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED AUGUST 10, 2020

 


 

Sponsored by:

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

 

Co-Sponsored by:

Senator Diegnan

 

 

 

 

SYNOPSIS

     Authorizes temporary rate adjustment for certain nursing facilities; appropriates $62.3 million.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning nursing facilities and making an appropriation.

 

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

 

     1.    a.  Notwithstanding the provisions of any law or regulation to the contrary, and subject to any federal approvals as may be required, effective October 1, 2020 through June 30, 2021, the reimbursement rate for Class I, Class II, and Class III nursing facilities shall be equal to the rate received on September 30, 2020, plus a 10 percent adjustment.  Each facility shall use no less than 60 percent of the rate adjustment provided under this section for the sole purpose of increasing wages or supplemental pay for certified nurse aides providing direct care.  The remainder of the rate adjustment shall be used for other costs related to coronavirus disease 2019 preparedness and response, including enhancing infection control measures, cleaning, reconfiguration of the facility to support cohorting, procurement of personal protective equipment, testing, or other staff wages and needs.

     b.    To ensure compliance with the provisions of this section, any facility receiving the rate adjustment pursuant to this section shall provide:

     (1)   wage and cost data in a manner and form prescribed by the Commissioner of Human Services; and

     (2) attestations from the facility owner of adherence to the following infection control protocols, which shall be submitted in a manner and form as shall be prescribed the Commissioner of Health, and which may be required on an ongoing basis:

     (a)   the facility has an outbreak response plan in place as required pursuant to section 1 of P.L.2019, c.243 (C.26:2H-12.87), which plan shall be made available to the public through the facility’s Internet website and include effective communication methods for conveying information concerning outbreaks of infectious diseases consistent with the requirements of paragraph (2) of subsection b. of section 1 of P.L.2019, c.243 (C.26:2H-12.87) and guidance issued by the Department of Health; provided that, facilities certified by the federal Centers for Medicare and Medicaid Services may effect notification in compliance with the provisions of subsection (g) of 42 CFR s.483.80;

     (b)   the facility has used the personal protective equipment burn rate calculator made available by the federal Centers for Disease Control and Prevention and:

     (i)    if the facility is not part of a system with eight or more facilities, the facility has at least a two-month supply of personal protective equipment on hand, in accordance with Executive Directive No. 20-026; or

     (ii)   if the facility is part of a system of eight or more facilities, the facility has at least a one-month supply of personal protective equipment on hand, in accordance with Executive Directive No. 20-026;

     (c)   the facility has registered with the Department of Health, authorized the department to access data, and is providing information in accordance with the requirements of Executive Directive No. 20-026; and

     (d)   the facility has implemented a respiratory protection program that complies with the respiratory protection standard for employees established by the federal Occupational Safety and Health Administration, including fit testing and training in donning and doffing personal protective equipment.

     c.     A facility receiving a rate adjustment pursuant to this section that has been cited by the Department of Health for two repeat infection control violations during the period from October 1, 2020 through June 30, 2021, including, but not limited to, citations for repeat violations of the staff and resident testing requirements outlined in Executive Directive No. 20-026, may be subject to recoupment of the rate adjustment by the State in an amount not to exceed the total value of the rate adjustment.

     d.    A facility that fails to meet any requirement of this section may be subject to recoupment of the adjustment by the State in an amount not to exceed the total value of the rate adjustment.  Any attestation required under paragraph (2) of subsection b. of this section that is filed after a deadline established by the Department of Health or June 30, 2021, whichever is earlier, shall be considered a failure to meet the requirements of this section. 

     e.     The Commissioner of Health shall transmit to the Commissioner of Human Services information on any facility that may be subject to recoupment of the rate adjustment as provided in subsection c. or subsection d. of this section.

 

     2.    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 and shall receive approval for such State plan amendments or waivers prior to the implementation of this act.

 

     3.    There is appropriated from the General Fund to the Department of Human Services $62.3 million for the purpose of effectuating the provisions of this act.

 

     4.    The provisions of this act shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the decision of the court shall not affect the validity of the remaining provisions of this act.

 

     5.    This act shall take effect immediately.

STATEMENT

 

     This bill establishes a temporary rate adjustment for certain nursing facilities to support certain wage increases and to cover costs related to coronavirus disease 2019 (COVID-19) preparedness.

     Specifically, the bill would, subject to any federal approvals as may be required, make the reimbursement rate for Class I, Class II, and Class III nursing facilities equal to the rate received on September 30, 2020, plus a 10 percent adjustment, for the period running from October 1, 2020 through June 30, 2021.  Facilities receiving the rate adjustment will be required to use at least 60 percent of the rate adjustment for the sole purpose of increasing wages or supplemental pay for certified nurse aides providing direct care.  The remainder of the rate adjustment will be used for other costs related to coronavirus disease 2019 preparedness and response, including enhancing infection control measures, cleaning, reconfiguration of the facility to support cohorting, procurement of personal protective equipment, testing, or other staff wages and needs.

     Any facility receiving the rate adjustment under the bill will be required to provide wage and cost data to the Department of Human Services, and attestations from the facility owner to the Department of Health of adherence to certain infection control protocols, including:

     (1)   the facility has an outbreak response plan in place as required pursuant to section 1 of P.L.2019, c.243 (C.26:2H-12.87), which plan is available to the public through the facility’s Internet website and is to include effective communication methods for conveying information concerning outbreaks of infectious diseases at the facility;

     (2)   the facility has used the personal protective equipment burn rate calculator made available by the federal Centers for Disease Control and Prevention and is maintaining certain minimum supplies of personal protective equipment;

     (3)   the facility has registered with the Department of Health, authorized the department to access data, and is providing information in accordance with the requirements of Executive Directive No. 20-026, which sets forth requirements for long-term care facilities to reopen; and

     (4)   the facility has implemented a respiratory protection program is complies with the respiratory protection standard for employees established by the federal Occupational Safety and Health Administration.

     A facility receiving a rate adjustment under the bill may be subject to recoupment of the rate adjustment by the State if the facility is cited by the Department of Health for two repeat infection control violations during the period from October 1, 2020 through June 30, 2021, or if the facility fails to meet any of the requirements set forth in the bill, including failing to file a required attestation on time.

     The Commissioner of Human Services is to apply for State plan amendments or waivers as may be necessary to implement the provisions of the bill and to secure federal financial participation for State Medicaid expenditures under the federal Medicaid program.  The bill will not take effect until the commissioner receives  approval for the State plan amendments or waivers.

     The bill appropriates from the General Fund to the Department of Human Services $62.3 million for the purpose of effectuating the provisions of the bill.

     The provisions of the bill will be held severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the decision of the court will not affect the validity of the remaining provisions of the bill.