N.J. DCA Landlord/Tenant Information Series — Discrimination Law

Citation: N.J. DCA Landlord/Tenant Information Series — Discrimination Law
Jurisdiction: New Jersey (state)
Source: Official source
Original Source: https://www.nj.gov/dca/codes/publications/pdf_lti/discrim_in_hsing.pdf ↗

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It shall be an unlawful discrimination for any skilled nursing or intermediate care facility
which is a Medicaid provider pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) and whose
Medicaid occupancy level is less than the Statewide occupancy level, to deny admission to a
qualified Medicaid applicant or a recipient of public assistance under P.L.1947, c.156 (C.44:8-
107 et seq.) when a nursing home bed becomes available; except that this requirement shall not
be construed to apply to the transfer of a resident from a residential unit to a nursing care unit
within a facility, as defined by regulation, or prohibit a life care community, as defined by
regulation, from contracting with its own residents for prior rights to beds in the nursing care unit
of the community. The Commissioner of Human Services shall modify this requirement based
on the licensed bed capacity and the financial condition of a facility but in no case shall the
Medicaid occupancy level of that facility be less than 35%. The commissioner shall by
September 1 of each year provide the Institutions, Health and Welfare Committee of the Senate,
the Corrections, Health and Human Services Committee of the General Assembly, and the
Governor with a report stating in specific detail the adverse financial condition of each facility
exempted from this requirement. The criteria used by the commissioner to modify this
requirement shall be contained in regulations which he shall adopt pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and a list of all skilled
nursing or intermediate care facilities granted a modification by the commissioner shall be
published in the New Jersey Register within one month of the commissioner's granting of the
modification. Nothing in this section