New Jersey § 30:4d-7

§ 30:4d-7.

The commissioner is authorized and empowered to issue, or to cause to be issued through

the Division of Medical Assistance and Health Services, all necessary rules and regulations

and administrative orders, and to do or cause to be done all other acts and things

necessary to secure for the State of New Jersey the maximum federal participation

that is available with respect to a program of medical assistance, consistent with

fiscal responsibility and within the limits of funds available for any fiscal year,

and to the extent authorized by the medical assistance program plan; to adopt fee

schedules with regard to medical assistance benefits and otherwise to accomplish the

purposes of this act, including specifically the following: a. Subject to the limits imposed by this act, to submit a plan for medical assistance,

as required by Title XIX of the federal Social Security Act, 1 to the federal Department of Health and Human Services for approval pursuant to the

provisions of such law; to act for the State in making negotiations relative to the

submission and approval of such plan, to make such arrangements, not inconsistent

with the law, as may be required by or pursuant to federal law to obtain and retain

such approval and to secure for the State the benefits of the provisions of such law; b. Subject to the limits imposed by this act, to determine the amount and scope of

services to be covered, that the amounts to be paid are reasonable, and the duration

of medical assistance to be furnished; provided, however, that the department shall

provide medical assistance on behalf of all recipients of categorical assistance and

such other related groups as are mandatory under federal laws and rules and regulations,

as they now are or as they may be hereafter amended, in order to obtain federal matching

funds for such purposes and, in addition, provide medical assistance for the resource

family children specified in subsection i.(7) of section 3 of P.L.1968, c. 413 ( C.30:4D-3 ). The medical assistance provided for these groups shall not be less in scope, duration,

or amount than is currently furnished these groups, and in addition, shall include at least the minimum services required under

federal laws and rules and regulations to obtain federal matching funds for such purposes. The commissioner is authorized and empowered, at such times as he may determine feasible,

within the limits of appropriated funds for any fiscal year, to extend the scope,

duration, and amount of medical assistance on behalf of these groups of categorical

assistance recipients, related groups as are mandatory, and resource family children

authorized pursuant to section 3i. (7) of this act, so as to include, in whole or in part, the optional medical services

authorized under federal laws and rules and regulations, and the commissioner shall

have the authority to establish and maintain the priorities given such optional medical

services; provided, however, that medical assistance shall be provided to at least

such groups and in such scope, duration, and amount as are required to obtain federal

matching funds. The commissioner is further authorized and empowered, at such times as he may determine

feasible, within the limits of appropriated funds for any fiscal year, to issue, or

cause to be issued through the Division of Medical Assistance and Health Services,

all necessary rules, regulations and administrative orders, and to do or cause to

be done all other acts and things necessary to implement and administer demonstration

projects pursuant to Title XI, section 1115 of the federal Social Security Act, 2 including, but not limited to waiving compliance with specific provisions of this

act, to the extent and for the period of time the commissioner deems necessary, as

well as contracting with any legal entity, including but not limited to corporations

organized pursuant to Title 14A, New Jersey Statutes ( N.J.S.14A:1-1 et seq. ), Title 15, Revised Statutes ( R.S.15:1-1 et seq. ) , and Title 15A, New Jersey Statutes ( N.J.S.15A:1-1 et seq. ) as well as boards, groups, agencies, persons , and other public or private entities; c. To administer the provisions of this act; d. To make reports to the federal Department of Health and Human Services as from

time to time may be required by such federal department and to the New Jersey Legislature

as hereinafter provided; e. To assure that any applicant, qualified applicant or recipient shall be afforded

the opportunity for a hearing should the person's claim for medical assistance be denied, reduced, terminated , or not acted upon within a reasonable time; f. To assure that providers shall be afforded the opportunity for an administrative

hearing within a reasonable time on any valid complaint arising out of the claim payment

process; g. To provide safeguards to restrict the use or disclosure of information concerning

applicants and recipients to purposes directly connected with administration of this

act; h. To take all necessary action to recover any and all payments incorrectly made to

or illegally received by a provider from such provider or his estate or from any other

person, firm, corporation, partnership , or entity responsible for or receiving the benefit or possession of the incorrect

or illegal payments or their estates, successors or assigns, and to assess and collect

such penalties as are provided for herein; i. To take all necessary action to recover the cost of benefits incorrectly provided

to or illegally obtained by a recipient, including those made after a voluntary divestiture

of real or personal property or any interest or estate in property for less than adequate

consideration made for the purpose of qualifying for assistance. The division shall take action to recover the cost of benefits from a recipient,

legally responsible relative, representative payee, or any other party or parties

whose action or inaction resulted in the incorrect or illegal payments or who received

the benefit of the divestiture, or from their respective estates, as the case may

be and to assess and collect the penalties as are provided for herein, except that

no lien shall be imposed against property of the recipient prior to his death except

in accordance with section 17 of P.L.1968, c. 413 ( C.30:4D-17 ). No recovery action shall be initiated more than five years after an incorrect payment

has been made to a recipient when the incorrect payment was due solely to an error

on the part of the State or any agency, agent , or subdivision thereof; j. To take all necessary action to recover the cost of benefits correctly provided

to a recipient from the estate of said recipient in accordance with sections 6 through

12 of this amendatory and supplementary act 3 ; k. To take all reasonable measures to ascertain the legal or equitable liability of

third parties to pay for care and services (available under the plan) arising out

of injury, disease, or disability; where it is known that a third party has a liability,

to treat such liability as a resource of the individual on whose behalf the care and

services are made available for purposes of determining eligibility; and in any case

where such a liability is found to exist after medical assistance has been made available

on behalf of the individual, to seek reimbursement for such assistance to the extent

of such liability; l . To compromise, waive , or settle and execute a release of any claim arising under this act including interest

or other penalties, or designate another to compromise, waive , or settle and execute a release of any claim arising under this act. The commissioner or the commissioner's designee whose title shall be specified by regulation may compromise, settle or waive

any such claim in whole or in part, either in the interest of the Medicaid program

or for any other reason which the commissioner by regulation shall establish; m. To pay or credit to a provider any net amount found by final audit as defined by

regulation to be owing to the provider. Such payment, if it is not made within 45 days of the final audit, shall include

interest on the amount due at the maximum legal rate in effect on the date the payment

became due, except that such interest shall not be paid on any obligation for the

period preceding September 15, 1976. This subsection shall not apply until federal financial participation is available

for such interest payments; n. To issue, or designate another to issue, subpoenas to compel the attendance of witnesses and the production of books, records, accounts,

papers , and documents of any party, whether or not that party is a provider, which directly

or indirectly relate to goods or services provided under this act, for the purpose

of assisting in any investigation, examination, or inspection, or in any suspension,

debarment, disqualification, recovery, or other proceeding arising under this act; o . To solicit, receive , and review bids pursuant to the provisions of P.L.1954, c. 48 ( C.52:34-6 et seq. ) and all amendments and supplements thereto, by any corporation doing business in

the State of New Jersey, including nonprofit hospital service corporations, medical

service corporations, health service corporations , or dental service corporations incorporated in New Jersey and authorized to do business

pursuant to P.L.1938, c. 366 ( C.17:48-1 et seq. ), P.L.1940, c. 74 ( C.17:48A-1 et seq. ), P.L.1985, c. 236 ( C.17:48E-1 et seq. ), or P.L.1968, c. 305 ( C.17:48C-1 et seq. ), and to make recommendations in connection therewith to the State Medicaid Commission; p. To contract, or otherwise provide as in this act provided, for the payment of claims

in the manner approved by the State Medicaid Commission; q. Where necessary, to advance funds to the underwriter or fiscal agent to enable

such underwriter or fiscal agent, in accordance with terms of its contract, to make

payments to providers; r. To enter into contracts with federal, State, or local governmental agencies, or

other appropriate parties, when necessary to carry out the provisions of this act; s. To assure that the nature and quality of the medical assistance provided for under

this act shall be uniform and equitable to all recipients; t. To provide for the reimbursement of State and county-administered skilled nursing

and intermediate care facilities through the use of a governmental peer grouping system,

subject to federal approval and the availability of federal reimbursement. (1) In establishing a governmental peer grouping system, the State's financial participation

is limited to an amount equal to the nonfederal share of the reimbursement which would

be due each facility if the governmental peer grouping system was not established,

and each county's financial participation in this reimbursement system is equal to

the nonfederal share of the increase in reimbursement for its facility or facilities

which results from the establishment of the governmental peer grouping system. (2) On or before December 1 of each year, the commissioner shall estimate and certify

to the Director of the Division of Local Government Services in the Department of

Community Affairs the amount of increased federal reimbursement a county may receive

under the governmental peer grouping system. On or before December 15 of each year, the Director of the Division of Local Government

Services shall certify the increased federal reimbursement to the chief financial

officer of each county. If the amount of increased federal reimbursement to a county exceeds or is less

than the amount certified, the certification for the next year shall account for the

actual amount of federal reimbursement that the county received during the prior calendar

year. (3) The governing body of each county entitled to receive increased federal reimbursement

under the provisions of this amendatory act shall, by March 31 of each year, submit

a report to the commissioner on the intended use of the savings in county expenditures

which result from the increased federal reimbursement. The governing body of each county, with the advice of agencies providing social

and health related services, shall use not less than 10% and no more than 50% of the

savings in county expenditures which result from the increased federal reimbursement

for community-based social and health related programs for elderly and disabled persons

who may otherwise require nursing home care. This percentage shall be negotiated annually between the governing body and the

commissioner and shall take into account a county's social, demographic , and fiscal conditions, a county's social and health related expenditures and needs,

and estimates of federal revenues to support county operations in the upcoming year,

particularly in the areas of social and health related services. (4) The commissioner, subject to approval by law, may terminate the governmental peer

grouping system if federal reimbursement is significantly reduced or if the Medicaid

program is significantly altered or changed by the federal government subsequent to

the enactment of this amendatory act. The commissioner, prior to terminating the governmental peer grouping system, shall

submit to the Legislature and to the governing body of each county a report as to

the reasons for terminating the governmental peer grouping system; u. The commissioner, in consultation with the Commissioner of Health , shall: (1) Develop criteria and standards for comprehensive maternity or pediatric care providers

and determine whether a provider who requests to become a comprehensive maternity

or pediatric care provider meets the department's criteria and standards; (2) Develop a program of comprehensive maternity care services which defines the type

of services to be provided, the level of services to be provided, and the frequency

with which qualified applicants are to receive services pursuant to P.L.1968, c. 413

( C.30:4D-1 et seq. ); (3) Develop a program of comprehensive pediatric care services which defines the type

of services to be provided, the level of services to be provided, and the frequency

with which qualified applicants are to receive services pursuant to P.L.1968, c. 413

( C.30:4D-1 et seq. ); (4) Develop and implement a system for monitoring the quality and delivery of comprehensive

maternity and pediatric care services and a system for evaluating the effectiveness

of the services programs in meeting their objectives; (5) Establish provider reimbursement rates for the comprehensive maternity and pediatric

care services; v. The commissioner, jointly with the Commissioner of Health , shall report to the Governor and the Legislature no later than two years following

the date of enactment of P.L.1987, c. 115 ( C.30:4D-2.1 et al.) and annually thereafter on the status of the comprehensive maternity and

pediatric care services and their effectiveness in meeting the objectives set forth

in section 1 of P.L.1987, c. 115 ( C.30:4D-2.1 ) accompanying the report with any recommendations for changes in the law governing

the services that the commissioners deem necessary. 1

42 U.S.C.A. § 1396 et seq. 2

42 U.S.C.A. § 1315. 3

N.J.S.A. §§ 30:4D-7.1 to 30:4D-7.7.