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PO Box 360
Trenton, NJ 08625-0360

For Release:
November 20, 2006

Fred M. Jacobs, M.D., J.D.
Commissioner

For Further Information Contact:
(609) 984-7160


 
Department of Health and Senior Services Proposes to Amend N.J.A.C. 8:85-1.2, 2.1, and 2.21, the Rules Governing Long Term Care Services


 

The Division of Senior Benefits and Utilization Management in the Senior Services and Health Systems Branch of the Department of Health and Senior Services is proposing to amend N.J.A.C. 8:85-1.2, 2.1, and 2.21, the rules governing Long Term Care Services.

A proposed amendment would delete the last two sentences of existing N.J.A.C. 8:85-2.1(a)1 addressing independence in activities of daily living (ADLs).  The proposed amendment would eliminate potential confusion with respect to a 2006 amendment to the chapter that requires individuals to have dependencies in several ADLs as a condition of clinical Medicaid eligibility.  The Department has consistently interpreted ADL dependency requirements to exclude from clinical Medicaid eligibility persons who are independent in ADLs.

Proposed amendments at N.J.A.C. 8:85-1.2 and 2.21 would implement P. L. 2005, c.111, approved June 29, 2005 (Act).  The Act requires the Commissioner to establish by rule “special long-term care facility admission criteria for Medicaid-eligible persons with HIV infection or AIDS” applicable to nursing facilities “that only serve persons with HIV infection or AIDS.”  The Act requires that the criteria the Commissioner promulgates by rule to “enable admission of persons with HIV infection who have medical or psycho-social co-morbidities” and “persons with AIDS-defining illness and infection, including those persons newly diagnosed with HIV infection.”  In addition, the Act provides that the criteria must specifically be contingent upon “federal financial participation under Title XIX of the Federal Social Security Act (42 U.S.C. s.1396 et seq.).”

The proposed amendments at N.J.A.C. 8:85-1.2 and 2.21 would establish the criteria the Act requires the Commissioner to promulgate by rule and would articulate definitions of the following terms used in the proposed criteria: “AIDS,” “AIDS-defining illness,” “CD4+ T cells,” “CDC,” “CMS,” “HIV,” “HIV infection,” “HIV-related medical co-morbidities,” and “HIV-related psychosocial co-morbidities.”

The proposal appears in the November 20, 2006 issue of the New Jersey Register.  The public has until January 19, 2007 to comment on the proposal.  Persons wishing to comment on the proposal must submit their comments in writing to Mary McKeon Stosuy, Director of Development, Senior Services and Health Systems Branch, Department of Health and Senior Services, P O Box 807, Trenton, NJ 08625-0807.  Written comments must be postmarked on or before January 19, 2007, which is the close of the 60-day public comment period.

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