New Jersey Assembly Bill A3588

New Jersey 2024-2025 Regular Session

• Introduced: 2/8/24
• Refer: 2/8/24

Caption

Provides for certain pediatric NJ FamilyCare beneficiaries to maintain private duty nursing hours when transitioning to Managed Long Term Services and Supports; codifies and expands appeals provisions for private duty nursing services.

Impact

The bill expands existing regulations by allowing beneficiaries to carry forward unused private duty nursing hours week to week, addressing a significant issue in managing healthcare benefits. It seeks to protect beneficiaries from potential reductions in nursing hours based solely on changes in organizational policy rather than medical necessity. Instead, any decrease in authorized hours must be substantiated by a change in the beneficiary's health condition as assessed by authorized providers. This measure promotes a more patient-centered approach by emphasizing consistent care based on individual medical needs rather than arbitrary limits imposed by managed care organizations.

Summary

Assembly Bill A3588 seeks to ensure that certain pediatric beneficiaries of NJ FamilyCare transitioning from the Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program to the Managed Long Term Services and Supports (MLTSS) program can maintain their private duty nursing hours. This effort is aimed at providing continuity of care for vulnerable children who may need additional nursing support as they navigate the transition from a program designed for children to one applicable to individuals of all ages with long-term care needs. The bill stipulates that beneficiaries are entitled to a minimum number of nursing service hours equivalent to their prior eligibility under the EPSDT program.

Contention

The bill also codifies and enhances the appeals process related to private duty nursing services, allowing beneficiaries to maintain their services while any appeal of a reduction is pending. Currently, beneficiaries only have 10 calendar days to request an appeal, while A3588 extends this period to 30 days, giving them more time to contest adverse decisions. Critics of managed care reforms often raise concerns about ensuring that patients do not face abrupt service interruptions; thus, these provisions may mitigate such risks. However, various stakeholders, particularly within managed care organizations, may oppose the regulatory constraints imposed by the bill, arguing that these alterations could limit their ability to manage resources effectively.