ASSEMBLY, No. 2696

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 3, 1997

By Assemblyman KELLY

An Act concerning assisted living residences and supplementing Title 26 of the Revised Statutes.

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

    1. As used in this act:

    "Assisted living residence" means a facility which is licensed by the Department of Health and Senior Services to provide apartment-style housing and congregate dining wherein an array of supportive personal and health services are available when needed, to four or more adult persons unrelated to the proprietor.

    "Medicaid" means the medical assistance program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).

    "Medicaid waiver" means the Assisted Living and Alternate Family Care Waiver approved by the federal Health Care Financing Administration effective January 1, 1996, as a 1915(c) waiver pursuant to the "Omnibus Budget Reconciliation Act of 1981," Pub.L.97-35, or successor waivers.

    2. a. The Department of Health and Senior Services shall make available to the New Jersey Housing and Mortgage Finance Agency (HMFA) no less than 200 of the 1500 slots of the Medicaid waiver, for assignment to Medicaid-eligible individuals residing in HMFA-financed assisted living residence developments for use by Medicaid-eligible individuals.

    b. In order to participate in the Medicaid waiver HMFA program, a developer of assisted living housing shall:

    (1) contractually commit to set-aside for the life of the mortgage at least 10% of the units for Medicaid-eligible residents; and

    (2) comply with other HMFA restrictions designed to promote the construction of affordable, quality assisted living residences in New Jersey which shall include the marketing of units, maintenance of first-come, first-served waiting lists, and the establishment of priorities for populations with the greatest need of assisted living residences.

    3. Pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health and Senior Services shall adopt regulations necessary to carry out the purposes of this act.

    4. Nothing in this act shall require a Medicaid-eligible individual assigned a Medicaid waiver slot to reside in an HMFA-financed assisted living residence development.

    5. This act shall take effect immediately.

STATEMENT

    This bill requires the Department of Health and Senior Services to make available to the New Jersey Housing and Mortgage Finance Agency (HMFA) no less than 200 of the 1500 slots of the Medicaid Assisted Living and Alternate Family Care Waiver the State recently received from the federal government, for assignment to Medicaid-eligible individuals residing in HMFA-financed assisted living residence developments for use by Medicaid-eligible individuals.

    In order to participate in the waiver, a developer of assisted living residence shall:

    a. contractually commit to set-aside for the life of the mortgage at least 10% of units for Medicaid-eligible residents; and

    b. comply with other HMFA restrictions designed to promote the construction of affordable, quality assisted living residences in New Jersey which shall include the marketing of units, maintenance of first-come, first-served waiting lists, and the establishment of priorities for populations with the greatest need of assisted living residences.

    Nothing in this bill shall require a Medicaid-eligible individual assigned a Medicaid waiver slot to reside in an HMFA-financed assisted living residence development.

Requires DHSS to make certain Medicaid waivered slots available to Medicaid-eligible individuals residing in HMFA-financed assisted living residences.