Bill > A3959

Introduced Session

This bill regulates residential mental health treatment facilities. Under the bill, residential mental health treatment facilities, as defined in the bill, are to: (1) provide mental health services or treatment in a manner that is consistent with the Level 3.5 level of care according to the American Society of Addiction Medicine in a 24 hours per day and seven days per week, structured living environment for patients who require such support, and in instances where inpatient hospitalization treatment is unnecessary; (2) provide health services or treatment for limited periods of time with the goal of preparing patients to move into the community at lower levels of care; and (3) provide health services or treatment without any retrospective review or concurrent review of medical necessity. The bill provides that no residential mental health treatment facility is to operate within this State except pursuant to a license obtained from the Commissioner of Health (commissioner), upon an application made therefor. The applicant is to be required to furnish evidence of the facility's ability to comply with the minimum standards for licensure established by the commissioner and of the good moral character of the facility's owners. Under the bill, the commissioner is to issue a license to a residential mental health treatment facility if the applicant is of good moral character and the facility is in compliance with the bill's provisions. There is to be a presumption in favor of an applicant's good moral character if the applicant is currently licensed and in good standing in this State as a mental health program pursuant to N.J.A.C.8:121 et seq. A residential mental health treatment facility is not to be licensed to operate at the same location as a residential substance use disorders treatment facility or program. The bill amends section 19 of P.L.1992, c.160 (C.26:2H-7a) to exempt residential mental health treatment facilities from the certificate of need requirement. The certificate of need program is a regulatory process that is administered by the Office of Certificate of Need and Healthcare Facility Licensure with the New Jersey Department of Health (DOH). Under the certificate of need program, certain health care facilities are required to obtain the DOH's approval prior to constructing, relocating, or renovating their facilities. Finally, the bill provides that the commissioner is to adopt rules and regulations establishing minimum standards for the licensure of residential health treatment facilities and the treatment of patients therein, and if feasible, structure the rules and regulations similarly to the regulations which are applicable to residential substance use disorders treatment facilities or programs, as set forth in N.J.A.C.8:111 et seq.

Committee Categories

John Azzariti (R)*,  Clinton Calabrese (D)*,  Dawn Fantasia (R)*, 

Introduced, Referred to Assembly Health Committee (on 03/04/2024)

Official Document