New Jersey § 26:2h-12

§ 26:2h-12.

a. If a facility licensed to operate as an assisted living residence or comprehensive

personal care home pursuant to P.L.1971, c. 136 ( C.26:2H-1 et seq. ) opts to surrender its license and has promised a resident of the facility or the

resident's responsible party, in writing through a resident agreement or other instrument,

or through a condition of licensure or certificate of need with the Department of

Health , that it will not discharge a resident who becomes Medicaid-eligible, as that term

is defined in section 1 of P.L.2001, c. 234 ( C.26:2H-12.16 ), the facility shall escrow sufficient funds, as determined by the Commissioner of

Health , to cover the cost of providing a resident with care in an alternate State-licensed assisted living residence or

comprehensive personal care home for as long as the resident shall require care. b. The facility shall cover any costs necessary to utilize actuarial services as the Department of Health may require to determine the amount to be escrowed pursuant to subsection a. of this

section. c. In the event of a facility bankruptcy, any monies left over after all creditors

have been paid shall be used, to the maximum extent practicable, to cover the cost

of care provided to a resident in an alternate State-licensed assisted living residence

or comprehensive personal care home pursuant to subsection a. of this section.