New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A3976 Compare Versions

Only one version of the bill is available at this time.

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1	1	ASSEMBLY, No. 3976 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED FEBRUARY 27, 2024
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3	3	ASSEMBLY, No. 3976
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5	5	STATE OF NEW JERSEY
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7	7	221st LEGISLATURE
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11	11	INTRODUCED FEBRUARY 27, 2024
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15	15	Sponsored by: Assemblyman DAVID BAILEY, JR. District 3 (Cumberland, Gloucester and Salem) Assemblywoman MARGIE DONLON, M.D. District 11 (Monmouth) Assemblywoman PAMELA R. LAMPITT District 6 (Burlington and Camden) SYNOPSIS Revises licensure requirements for residential substance use disorders treatment facilities or programs. CURRENT VERSION OF TEXT As introduced.
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19	19	Sponsored by:
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21	21	Assemblyman DAVID BAILEY, JR.
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23	23	District 3 (Cumberland, Gloucester and Salem)
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25	25	Assemblywoman MARGIE DONLON, M.D.
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27	27	District 11 (Monmouth)
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29	29	Assemblywoman PAMELA R. LAMPITT
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31	31	District 6 (Burlington and Camden)
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41	41	SYNOPSIS
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43	43	Revises licensure requirements for residential substance use disorders treatment facilities or programs.
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47	47	CURRENT VERSION OF TEXT
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49	49	As introduced.
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53	53	An Act concerning residential substance use disorders treatment facilities or programs and supplementing Title 26 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. As used in this act: "Department" means the "Department of Health. "Principal" means any individual or entity with an ownership interest of five percent or more in a residential substance use disorders treatment facility or program. "Residential substance use disorders treatment facility or program" shall have the same meaning as defined in N.J.A.C.8:111-1.3 or its successor regulation. 2. a. (1) The department shall require an applicant for licensure to operate as a residential substance use disorders treatment facility or program to submit to the department a financial audit that is conducted by an independent, certified public accountant, who is chosen by the department. The applicant shall bear the cost of the audit. The department shall deny an application for licensure under this section if the financial audit reveals business practices or financial activities that are deemed improper or questionable by the department. (2) (a) The department shall require an applicant for licensure to operate as a residential substance use disorders treatment facility or program to complete a criminal history record background check for each owner and principal and submit to being fingerprinted in accordance with applicable State and federal laws, rules, and regulations. An applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check. (b) For the purposes of this section, the department is authorized to exchange fingerprint data with and receive criminal history record background information from the Division of State Police and the Federal Bureau of Investigation consistent with the provisions of applicable federal and State laws, rules, and regulations. Upon receipt of such notification, the department shall make a determination as to whether to approve the application for licensure. The department shall deny an application for licensure under this section if the results of the criminal background check reveal a conviction involving dishonesty or fraud. (c) The Division of State Police shall promptly notify the department in the event that an individual who was the subject of a criminal history record background check conducted pursuant to this section is convicted of a crime or offense in this State after the date the background check was performed. Upon receipt of that notification, the department shall make a determination regarding the continued eligibility for the individual to be an owner or principal of the residential substance use disorders treatment facility or program. b. The department shall establish such other requirements and standards regarding applications and licensure for residential substance use disorders treatment facilities or programs as deemed necessary by the department. 3. The department shall periodically conduct unannounced inspections of residential substance use disorders treatment facilities or programs. 4. The Commissioner of Health shall adopt rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this act. 5. This act shall take effect immediately. STATEMENT This bill revises licensure requirements for residential substance use disorders treatment facilities or programs. Under the bill, the Department of Health (department) is to require an applicant for licensure to operate as a residential substance use disorders treatment facility or program to submit to the department a financial audit that is conducted by an independent, certified public accountant, who is chosen by the department. The applicant is to bear the cost of the audit. The department is to deny an application for licensure if the financial audit reveals business practices or financial activities that are deemed improper or questionable by the department. The bill provides that the department is to require an applicant for licensure to operate as a residential substance use disorders treatment facility or program to complete a criminal history record background check and submit to being fingerprinted. The department is to deny an application for licensure if the results of the criminal background check reveal a conviction involving dishonesty or fraud. Finally, the bill requires the department to periodically conduct unannounced inspections of residential substance use disorders treatment facilities or programs.
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55	55	An Act concerning residential substance use disorders treatment facilities or programs and supplementing Title 26 of the Revised Statutes.
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59	59	Be It Enacted by the Senate and General Assembly of the State of New Jersey:
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63	63	1. As used in this act:
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65	65	"Department" means the "Department of Health.
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67	67	"Principal" means any individual or entity with an ownership interest of five percent or more in a residential substance use disorders treatment facility or program.
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69	69	"Residential substance use disorders treatment facility or program" shall have the same meaning as defined in N.J.A.C.8:111-1.3 or its successor regulation.
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73	73	2. a. (1) The department shall require an applicant for licensure to operate as a residential substance use disorders treatment facility or program to submit to the department a financial audit that is conducted by an independent, certified public accountant, who is chosen by the department. The applicant shall bear the cost of the audit. The department shall deny an application for licensure under this section if the financial audit reveals business practices or financial activities that are deemed improper or questionable by the department.
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75	75	(2) (a) The department shall require an applicant for licensure to operate as a residential substance use disorders treatment facility or program to complete a criminal history record background check for each owner and principal and submit to being fingerprinted in accordance with applicable State and federal laws, rules, and regulations. An applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check.
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77	77	(b) For the purposes of this section, the department is authorized to exchange fingerprint data with and receive criminal history record background information from the Division of State Police and the Federal Bureau of Investigation consistent with the provisions of applicable federal and State laws, rules, and regulations. Upon receipt of such notification, the department shall make a determination as to whether to approve the application for licensure. The department shall deny an application for licensure under this section if the results of the criminal background check reveal a conviction involving dishonesty or fraud.
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79	79	(c) The Division of State Police shall promptly notify the department in the event that an individual who was the subject of a criminal history record background check conducted pursuant to this section is convicted of a crime or offense in this State after the date the background check was performed. Upon receipt of that notification, the department shall make a determination regarding the continued eligibility for the individual to be an owner or principal of the residential substance use disorders treatment facility or program.
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81	81	b. The department shall establish such other requirements and standards regarding applications and licensure for residential substance use disorders treatment facilities or programs as deemed necessary by the department.
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85	85	3. The department shall periodically conduct unannounced inspections of residential substance use disorders treatment facilities or programs.
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89	89	4. The Commissioner of Health shall adopt rules and regulations, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this act.
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93	93	5. This act shall take effect immediately.
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99	99	STATEMENT
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103	103	This bill revises licensure requirements for residential substance use disorders treatment facilities or programs.
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105	105	Under the bill, the Department of Health (department) is to require an applicant for licensure to operate as a residential substance use disorders treatment facility or program to submit to the department a financial audit that is conducted by an independent, certified public accountant, who is chosen by the department. The applicant is to bear the cost of the audit. The department is to deny an application for licensure if the financial audit reveals business practices or financial activities that are deemed improper or questionable by the department.
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107	107	The bill provides that the department is to require an applicant for licensure to operate as a residential substance use disorders treatment facility or program to complete a criminal history record background check and submit to being fingerprinted. The department is to deny an application for licensure if the results of the criminal background check reveal a conviction involving dishonesty or fraud.
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109	109	Finally, the bill requires the department to periodically conduct unannounced inspections of residential substance use disorders treatment facilities or programs.