New Jersey § 26:2h-12

§ 26:2h-12.

a. For the purposes of this act, “Medicaid” means the program established pursuant

to P.L.1968, c. 413 ( C.30:4D-1 et seq. ) and “Medicaid-eligible” means that a person is determined to meet the financial

eligibility standards for medical assistance under the State Medicaid program and

is approved by the Department of Health and Senior Services for participation in a

federally approved 1915(c) waiver program that provides assisted living services. b. A new facility that is licensed to operate an assisted living residence or comprehensive

personal care home after the effective date of this act shall reserve 10% of its total

bed compliment for use by Medicaid-eligible persons. The 10% utilization by Medicaid-eligible persons shall be met through Medicaid conversion

of persons who enter the assisted living residence or comprehensive personal care

home as private paying persons and subsequently become eligible for Medicaid, or through

direct admission of Medicaid-eligible persons. An assisted living residence or comprehensive personal care home shall achieve this

10% utilization within three years of licensure to operate and shall maintain this

level of utilization thereafter. c. Existing assisted living residences and comprehensive personal care homes that

add additional assisted living beds shall be required, as a condition of licensure

approval, to maintain 10% of the additional beds for Medicaid-eligible persons through

Medicaid conversion of persons who enter the assisted living residence or comprehensive

personal care home as private paying persons and subsequently become eligible for

Medicaid, or through direct admission of Medicaid-eligible persons. If the total number of additional beds is less than 10, at least one of the additional

beds shall be reserved for a Medicaid-eligible person.