Legislation the Association is currently Proposing
The Association continues to work with Senator Gopal to introduce a bill similar to S1139, which provides a tax credit to LTC facilities that pay for training and certification for certified nurse aides. This bill will be for the home care sector. More information will become available.
The Association continues to work with Majority Leader Greenwald to introduce legislation that would require MCOs and FFS to pay for dementia training and mental health first aide training. The plans would be required to pay an hourly increase to anyone who completed training. The Association provided information to Majority Leader Greenwald’s office on the cost of trainings. As of today, we do not have any updates.
Under Majority Leader Greenwald’s Healthcare Workforce bill package, Assembly Bill 5130 was introduced as a public service announcement for DOL Workforce Development to create an advertising campaign to attract candidates to health care professions. Assemblywoman Carol Murphy is the first prime sponsor with the Majority Leader being a prime sponsor. The Association is fully supportive of this bill and have worked with BIA to have the bill introduced.
Bills Signed by Governor Murphy
This bill makes various changes concerning regulation of emergency medical services; establishes mobile integrated health program and new State Emergency Medical Services Director in DOH. This bill was signed into law by Governor Murphy on October 21st, 2022 and took effect immediately.
This bill providing certain protections and rights for temporary laborers was signed into law by Governor Murphy on February 6th, 2023 and will take effect on 180th day after the date of enactment, except that sections 3 and 10 must be effective on the 90th day after the date of enactment if action is taken.
This bill is for your information only. It will not affect any providers because the bill does not include home care.
- A3585/S1307: Lampitt/Beach
Establishes programs for certain individuals to become home health aides (amended from CNA’s) and provide private duty nursing services to certain Medicaid enrollees under increased reimbursement rates.
· Click here to read the bill. Senator Durr has introduced a similar bill, S3113. However, his bill is not restricted to a PDN benefit. The Association will continue to monitor this.
· Nancy testified to request an amendment to the bill that states if a patient is eligible for this program, a discussion must be held between the family, the managed care plan, and the provider confirming the patient should be part of the program.
· The Association contacted Senator Beach’s office requesting multiple amendments. One of them was granted which was removing “third party language” with the definition of “family member”.
· Nancy has also contacted the Assemblywoman sponsor, DHS, OAG and the NJSNA.
· This bill passed unanimously in the Senate and is scheduled for a hearing in the Assembly Appropriations Committee.
- A822/S723: Timberlake/Codey
Creates “New Jersey Domestic Workers’ Bill of Rights Act.” Click here to read the bill.
· The Association spoke with Assemblywoman’s staff, alongside NJBIA and others discussing provisions needed around live-in CHHA’s. NJBIA and HCHANJ created a Copy of Domestic Workers Bill of Rights State by State Comparison sheet outlining the 10 states that passed similar legislation. NJBIA contacted Timberlake and Codey requesting to meet and consider amendments.
· There is a push to include Federal programs which includes homecare and Medicaid making the bill worse for us. The ABC Testing was removed since the insurance industry was against it.
· Nancy testified to amend the bill due to concerns with limiting number of days live-ins can work, the termination clause, and paid rest & meal breaks. Live-ins and hourly CHHAs may work the 7th day if they choose to but are entitled to one-day off per week.
- We are unable to provide 2-4 weeks’ termination notice due to the nature of the work. Should a live-in be dismissed from their duties due to a patient no longer needing services, the NDWA would like aides to be paid a 4-week severance. Should a non-live-in be dismissed from their duties due to a patient no longer needing services, the NDWA would like aides to be paid a 2-week severance. We will discuss this further with them and their lobbyist.
- Amending paid lunch breaks for live ins may be OK, but this still poses an issue for hourly HHAs. Nancy will be contacting DOL asking how meal and rest breaks work. We will discuss this further with them and their lobbyist.
· Overall, the Association has been urging the sponsors to remove home care completely.
Increases Medicaid reimbursement rates for private duty nursing services by $4. Click here to read the bill.
· The Association has contacted Chariwoman Jimenez, who is now a prime sponsor of the bill, asking to post this bill in the Assembly Human Services Committee. Also, Nancy testified in Senate Health Committee on this bill which passed unanimously. The Association spoke with Senator Sarlo, the Chairman of Senate Budget to discuss the importance of the bill.
· Since the bill will most likely not pass in time, Nancy spoke with Senator Gopal who will be asking for a $3 budget resolution. He felt asking for $4 would not pass.
- A4049/S3495: McKnight/Vitale
Provides for presumptive eligibility for home and community-based services under Medicaid. Click here to read the bill.
OLS added our amendment request, “Should an individual not be found eligible for Medicaid yet are still provided with services, the Medicaid program is to reimburse the provider for the services rendered to the patient.” The Asw. added our amendment to the bill, which passed unanimously in the Assembly Human Services Committee.
- A1802/S2021: Lampitt/Beach
Provides gross income tax credit for certain expenses paid or incurred for care and support of qualifying senior family member; designated as Caregiver's Assistance Act. Click here to read the bill.
The Association and other organizations advocating for home care have signed onto a letter urging Governor Murphy to include this bill into the Fiscal Year 2024 budget. This bill would provide family caregivers with financial relief through a fully refundable income tax credit of up to $675. The Association submitted a support slip in the Senate Health, Human Services & Senior Citizens Committee. The bill passed unanimously.
- A2682/S1033: Mukherji/Vitale
Establishes “Alzheimer’s and Dementia Care Long-Term Advisory Commission” in DHS. Click here to read the bill. The Association submitted a support slip in the Senate Health, Human Services & Senior Citizens Committee. The bill passed unanimously.
- A5137/S2362: McKnight/Beach
Requires hourly reimbursement rate for home health aide services and PCA services provided through Statewide Respite Care Program and Jersey Assistance for Community Caregiving Program to be no less than Medicaid fee-for-service rate for personal care services; makes appropriation. Click here to read the bill. The Association submitted a support slip in the Senate Health, Human Services & Senior Citizens Committee. The bill passed unanimously.
- A5172 (A3210)/S1012: McKnight (Speight) /Ruiz
Establishes the Working Group on End-of-Life Care and Palliative Care in DOH. Click here to read the bill. Senator Ruiz has become the first Senate prime sponsor of this bill. The Association submitted a support slip in the Senate Health, Human Services & Senior Citizens Committee. The bill passed unanimously.
Directs DOLWD to establish advertising campaign to attract candidates to health care professions; appropriates $1 million. Click here to read the bill. This bill was introduced and referred to the Assembly Labor Committee.
- A2286/S1522: Munoz/Vitale
Eliminates certain practice restrictions for advanced practice nurses. Click here to read the bill. The Association submitted a support slip in the Senate Health, Human Services & Senior Citizens Committee. The bill passed out of committee.
- A4621/S3156: Mosquera/Madden
Requires issuance of report on certain information and data on processing of applications for professional and occupational licenses and mandates review of training and call intake in Division of Consumer Affairs. Click here to read the bill. The Association submitted a support slip in Assembly Regulated Professions Committee. The bill passed unanimously.
- A4325/S2825: Lampitt/Vitale
Establishes certain requirements and initiatives related to nurses; transfers oversight of certified nurse aides from DOH to Board of Nursing; appropriates $26.7 million. Click here to read the bill. Chairman Vitale was asked by NJCCN to post this legislation. Both NJCCN and NJBIA testified in support of the bill. The Association created a OneClick Politics campaign asking members and others for support.
CNA certification will now be transferred to BON.
· BON is against the bill due to re-inventing an unnecessary wheel. They do not understand why RNs would pay for a mentoring program when hospitals already do. Also, BON already has an established Board with mentoring in place.
- Per NJCCN, BON does not want funds being repurposed for RN residency programs and has an issue with mandatory data collection.
- NJHA may not be against this as they currently pay for nursing mentorship. This bill would require BON to pay for mentorship instead. However, BON does not have the staff, collected funds or licenses to cover this.
- A3199/S2008: Greenwald/Singleton
Establishes “Health Care Heroes Violence Prevention Act.” Click here to read the bill. This bill passed unanimously in the Senate and received in the Assembly.
Permits use of automated dispensing devices in LTC facilities and hospice care programs. Click here to read the bill. During the last session, this bill passed in the Senate. The bill currently needs amendments mirroring last year's bill version. There is currently no Assembly counterpart. The Association has been working in collaboration with our member providers to contact Senator Gopal's staff discussing the language of the bill.
Requires certain health care facilities to adopt and implement policies to prevent exposure to surgical smoke via use of smoke evacuation system. Click here to read the bill. Amendments were made to remove home health agency. The Association asked for “hospice” to be amended as well, however the Asw did not feel hospice providers would be affected, so no further amendments were made.
· This was passed in both the Assembly and Senate houses. If it is signed by the Governor, the Association will speak with DOH to remove hospice when the regulations come out.
- A4617/S3121: DeAngelo/Lagana
Requires DOLWD to identify and recruit unemployed individuals for employment in health care facilities; makes appropriation. Click here to read the bill. The Association contacted both the Senate and Assembly sponsors. The Association spoke with Asm. DeAngelo who has no issue exploring the addition of home care services since they do not fall under healthcare facilities and the need for recruitment. More information will be provided.
Requires certain homemaker-home health aides to be certified or trained to administer cardiopulmonary resuscitation. Click here to read the bill. No Senate counterpart to this bill.
BON is opposing the bill’s intent due to the training and education requirement. They feel decisions should be made by the individual employment agencies. This would become a financial burden for agencies and/or employees.
· The amendments, thoughts, and questions on the bill are as follows:
- Change the age of the client from 65 years of age to all ages.
- The training must include a hands-on clinical component and not an online component.
- There is an issue with a CHHA being certified versus effectively trained in CPR. A suggestion is a CHHA's training could include CPR training followed by an exam. However, there is concern with a possible decrease in the number of CHHA's in the workforce if some would be unable to pass a CPR course.
- BON Questions: If there is no regulation around RNs being CPR certified, then why regulate CHHAs and not RNs? What is the purpose of the bill?
- A4613/S3212: Greenwald/Johnson
Renames, extends eligibility, and makes various other changes to Primary Care Practitioner Loan Redemption Program; appropriates $10 million. Click here to read the bill. This bill has been referred to the Assembly Appropriations Committee.
- A4619/S3596: Greenwald/Madden
This bill codified and extends authorization for certain out-of-State health care practitioners and recent graduates of health care training programs to practice in New Jersey. Click here to read the bill. This bill has been referred to the Assembly Health Committee.
- A4614/S3547: Greenwald/Pou
This bill modifies Nursing Faculty Loan Redemption Program. Click here to read the bill. The Association submitted a support slip in Assembly Health Committee. The bill passed unanimously.
Waives 15 day waiting period for medical aid in dying under certain circumstances. Click here to read the bill. There is no Senata counterpart.
- A4914/S3626: Conaway/Vitale
This bill establishes “Hospital at Home Act”, which permits a hospital to provide acute care services to those covered outside of a hospital’s licensed facility and within a private residence. NJ FamilyCare, Medicaid programs, and any carrier offering a health benefits plan is to provide coverage and payment for such services delivered. Click here to read the bill.