SENATE CONCURRENT RESOLUTION No. 76

 

STATE OF NEW JERSEY

 

INTRODUCED JUNE 3, 1996

 

 

By Senators INVERSO, CIESLA, Scott, Ewing, Kyrillos, LaRossa and Littell

 

 

A Concurrent Resolution concerning legislative review of proposed Department of Human Services regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.

 

    Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

 

    1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation of an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature.

 

    2. The Department of Human Services has proposed regulations to be codified in chapters 51 and 59 of Title 10 of the New Jersey Administrative Code, as amendments to N.J.A.C.10:51-1.5 et seq. and 10:59-1.4, and new rules at N.J.A.C.10:51-1.26 and 4.27. As proposed, the regulations would implement limits on reimbursement and coverage for prescription drugs under the pharmaceutical assistance to the aged and disabled, or PAAD, and Medicaid fee-for-service programs in anticipation of legislative approval of these changes in PAAD and Medicaid pharmaceutical services, which were included in the Governor's budget recommendations for Fiscal Year 1997.

 

    3. The Legislature finds that the above regulations, as proposed, are not consistent with the legislative intent because the changes with respect to pharmaceutical services provided by the PAAD and Medicaid programs which are incorporated in these regulations have not yet been enacted into law and, in the case of the proposed mail-order services plan for prescription drugs included in proposed new rules as set forth at N.J.A.C.10:51-1.26 and 4.27, represent a proposal which the current administration sought to include in the budget for Fiscal Year 1996 but which was not approved by the Legislature.

 

    4. The Secretary of the Senate and the Clerk of the General Assembly shall transmit a duly authenticated copy of this concurrent resolution to the Governor, the Commissioner of Human Services and the Director of the Division of Medical Assistance and Health Services in the Department of Human Services.

 

    5. The Department of Human Services, pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, 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.

 

 

                                            STATEMENT

 

    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 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.

 

 

 

Determines that proposed Department of Human Services regulations regarding limits on pharmaceutical services under PAAD and Medicaid programs are not consistent with legislative intent.