ASSEMBLY POLICY AND REGULATORY OVERSIGHT COMMITTEE

STATEMENT TO

ASSEMBLY CONCURRENT RESOLUTION No. 82

STATE OF NEW JERSEY

DATED: JUNE 10, 1996

      The Assembly Policy and Regulatory Oversight Committee reports favorably Assembly Concurrent Resolution No. 82.

      This concurrent resolution embodies the finding of the Legislature that the amendments to N.J.A.C.10:51-1.5 et seq. and 10:59-1.4, and the adoption of new rules as set forth at N.J.A.C.10:51-1.26 and 4.27, proposed by the Department of Human Services (28 N.J.R. 2482) are not consistent with legislative intent pursuant to Article V, Section IV, paragraph 6 of the State Constitution.

      The proposed regulations would implement limits on reimbursement and coverage for prescription drugs under the Pharmaceutical Assistance to the Aged and Disabled (PAAD) and Medicaid programs in anticipation of legislative approval of these changes, which were included in the Governor's budget recommendations for Fiscal Year 1997.

      The concurrent resolution finds that the proposed regulations are not consistent with legislative intent since the statutory changes in PAAD and Medicaid pharmaceutical services incorporated in these regulations have not been enacted into law and, in at least one case, represent a proposal by the current administration which was previously rejected by the Legislature.

      The Department of Human Services shall have 30 days following transmittal of this resolution to amend or withdraw the proposed regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations.