New Jersey § 30:13-16

§ 30:13-16.

a. A Medicaid recipient who has been determined to be eligible to reside in a free-standing

special care nursing facility specializing in the treatment of neurological impairment,

and who, pursuant to that determination, has been admitted to residency in a free-standing

special care nursing facility specializing in the treatment of neurological impairment,

shall be eligible to continue to reside in the facility without limitation on the

duration of stay, until achievement of the maximum benefit from the specialized programming

and maximum level of functioning. A review to determine achievement of maximum benefit and maximum level of functioning

shall include whether the resident develops skills leading to a more independent life

and continues to benefit from active participation in community involvement, continuing

education, employment in the community, sheltered workshop, extended rehabilitation,

complex care and vocational training and whether the level of functioning would deteriorate

if moved. Length of stay shall be determined by the Commissioner of Health and Senior Services

on the basis of that review. The review shall be performed by an independent contractor who shall not, during a

period of six months after completion of the review, engage in the performance of

any compensated work for the State other than a review pursuant to this act. The first review under this subsection of any Medicaid recipient's continuing eligibility

for residency at a free-standing special care nursing facility specializing in the

treatment of neurological impairment shall occur not earlier than one year following

the recipient's initial admission to the facility or the effective date of P.L.1999, c. 426 ( C.30:13-16 et seq. ), whichever is later. After that first review, any subsequent such review of the recipient's residency

at the free-standing special care nursing facility specializing in the treatment of

neurological impairment shall be performed not more frequently than once every year. If a Medicaid recipient is determined, pursuant to a review under this subsection,

to be no longer eligible for continued residency at a free-standing special care nursing

facility specializing in the treatment of neurological impairment, the recipient shall

be permitted to remain at the facility for 90 days following transmittal to the recipient

of written notice of that determination. b. As used in this act: “ Free-standing special care nursing facility ” means a nursing facility that is not a unit attached to or on the same campus as

a rehabilitation or acute hospital and is not a distinct unit within a Medicaid-certified

conventional nursing facility and which has been approved by the Department of Health

and Senior Services to provide care to New Jersey Medicaid recipients who require

specialized nursing facility services beyond the scope of a conventional nursing facility.