Sponsored by:
Senator ANTHONY M. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Establishes initiatives related to behavioral health care, including increasing reimbursement rates, providing cost-of-living adjustments, establishing grant programs for facility upkeep and provider training, and relaxing clinical supervision requirements.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning behavioral health care and supplementing Title 30 and Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in sections 1 through 3 of P.L. , c. (C. ) (pending before the Legislature as this bill):
Behavioral health service means a procedure or service rendered by a behavioral health professional for the treatment of mental illness, emotional disorders, or substance use disorder.
Behavioral health professional means a physician, a physician assistant or advanced practice nurse with a specialty in behavioral health care, a clinical social worker, a social worker, a marriage and family therapist, a professional counselor, an associate counselor, a rehabilitation counselor, a clinical mental health counselor, a licensed or certified alcohol and drug counselor, a psychologist, or a psychoanalyst.
Department means the Department of Human Services.
Medicaid means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).
2. a. Notwithstanding any other provision of law to the contrary, the terms of a contract entered into between the Division of Mental Health and Addiction Services in the Department of Human Services and a residential behavioral health service provider on or after the effective date of this act shall include an annual increase in the cost of living adjustment received by the residential behavioral health service provider. The cost of living adjustment shall be based on the Consumer Price Index for the previous 12-month period beginning October 1 and ending September 30, as published by the United States Department of Labor.
b. On October 1 of each year, the department shall announce the rate of the increase in the cost of living adjustment received by residential behavioral health service providers.
3. There is established in the Division of Mental Health and Addiction Services in the Department of Human Services a revolving, non-lapsing fund to be known as the Residential Behavioral Health Care Access and Improvement Fund, which fund shall be the repository for monies appropriated or otherwise made available for the purpose of providing grants to residential behavioral health service providers to support routine repairs and maintenance in residential behavioral health service facilities. The Assistant Commissioner of Mental Health and Addiction Services in the Department of Human Services shall develop procedures for residential behavioral health service providers to apply for, and for the division to award, grants from the fund for the purpose of offsetting the cost of repairs and maintenance in residential behavioral health service provider facilities. In addition, the assistant commissioner shall develop and enforce appropriate safeguards to ensure grants awarded from the fund are used exclusively for the purposes outlined in this section.
4. a. As used in this section:
Behavioral health service means a procedure or service rendered by a behavioral health professional for the treatment of mental illness, emotional disorders, or substance use disorder.
Behavioral health professional means a physician, a physician assistant or advanced practice nurse with a specialty in behavioral health care, a clinical social worker, a social worker, a marriage and family therapist, a professional counselor, an associate counselor, a rehabilitation counselor, a clinical mental health counselor, a licensed or certified alcohol and drug counselor, a psychologist, or a psychoanalyst.
Medicaid means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).
Medicare means the federal Medicare program established pursuant to Pub.L.89-97 (42 U.S.C. s.1395 et seq.).
b. Commencing on July 1, 2024, and annually thereafter, the Medicaid reimbursement rate for residential behavioral health services shall be no less than 100 percent of the payment rate that applies to such services under part B of Medicare.
c. For the purposes of this section, residential behavioral health services shall include behavioral health services furnished in a residential or inpatient health care setting by a health care provider.
d. The provisions of this section shall not be construed to require any decrease in the Medicaid reimbursement rate for a residential behavioral health service from the previous fiscal year s reimbursement level for the same service.
e. The provisions of this section shall apply to residential behavioral health services:
(1) reimbursed under the Medicaid fee-for-service delivery system or through the Medicaid managed care delivery system, and
(2) delivered by an approved Medicaid provider.
f. No later than July 1, 2026, and annually thereafter, the Commissioner of Human Services shall submit a report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), providing information on the implementation of this section, including data indicating any changes in access to residential behavioral health services or in the quality of behavioral health services for Medicaid beneficiaries following any rate increases required under this section. The report shall include recommendations for additional enhancements to the Medicaid rates for behavioral health services to improve access to providers and quality of care for Medicaid beneficiaries in underserved areas of the State.
5. a. As used in this section:
Behavioral health service means a procedure or service rendered by a behavioral health professional for the treatment of mental illness, emotional disorders, or substance use disorder.
Behavioral health professional means a physician, a p