Encourages expansion of community mental health programs to include mental health services to veterans; prohibits veterans from being denied county mental health services.

A1440

ASSEMBLY, No. 1440

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ERIK K. SIMONSEN

District 1 (Atlantic, Cape May and Cumberland)

Co-Sponsored by:

Assemblyman McClellan, Assemblywoman Flynn and Assemblyman
Rumpf

SYNOPSIS

���� Encourages expansion of community mental health
programs to include mental health services to veterans; prohibits veterans from
being denied county mental health services.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning county mental health services,
amending P.L.1957, c.146, and amending and supplementing P.L.1983, c.435.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� Section 1 of P.L.1957, c.146
(C.30:9A-1) is amended to read as follows:

���� 1.� It is declared to be the
public policy of this State to encourage the development of preventive,
treatment and transitional services for mental health clients through the
improvement and expansion of community mental health programs in designated service
areas for the entire State which will provide these elements of adequate
services:

���� (a) �In-patient services;

���� (b) �Out-patient services;

���� (c) �Partial hospitalization
services such as day care, night care, weekend care;�

���� (d) �Emergency services 24
hours per day to be available within at least one of the first three services
listed above;

���� (e) �Consultation and
education services available to community agencies and professional personnel;

���� (f) �Children's services;

���� (g) �Services for the elderly;

���� (h) �Screening services;

���� (i) �Rehabilitative services
including vocational and educational programs;

���� (j) �Transitional services;

���� (k) �Advocacy services;

���� (l) �Training services;
[
and
]

���� (m) �Research and evaluation
;
and

����
(n) �Services for veterans
.

���� The aforementioned services
are to be provided principally for persons residing in a particular community
or communities which are designated as the community mental health center
service area, in or near which the facilities providing the elements of service
are situated.

���� It is further declared to be
the public policy of this State to establish a Community Mental Health Citizens
Advisory Board for mental health services to plan, establish and recommend to
the Commissioner of Human Services and the Director of the Division of Mental
Health Services those policies which are necessary to ensure the development
and adequate delivery of the aforementioned elements of mental health services.

(cf: P.L.1995, c.4, s.6)

���� 2.� Section 3 of P.L.1983, c.435
(C.30:9A-9.2) is amended to read as follows:

���� 3.� a.� The reimbursement or
advancement grants shall be used to initiate or expand services to the
following target populations and such other populations as may be designated by
the Commissioner of
[
the
Department
]

of Human Services:

���� (1) Persons in State or county
psychiatric institutions whose conditions do not warrant institutionalization;
[
and
]

���� (2) �Adults and children in
the community who have psychiatric problems and are at risk of hospitalization
because of a lack of alternative community services
; and

����
(3) �Veterans in need of
mental health services
.

���� b.� The commissioner shall
promulgate rules and regulations clearly delineating the conditions which shall
be met for an individual to be considered part of a "target
population."

���� c.� In addition, the
commissioner shall promulgate standards for monitoring� and evaluating local
mental health programs and shall cause a report, in� writing, to be prepared
and submitted to the Governor and the Legislature through the
[
Standing
Reference Committees on Institutions, Health and Welfare
]

Senate
Health, Human Services and Senior Citizens and Senate Military and Veterans�
Affairs Committees, the Assembly Human Services, Senior Services and Assembly
Military and Veterans� Affairs Committees,
and the Office of Legislative
Services on the results of the monitoring and evaluation, in a manner
sufficient to indicate utilization of State funds for� target populations
served.� The commissioner shall include in the report a funding source analysis
of all projects within each county receiving reimbursement or advancement
grants.� The report shall be submitted within 12 months following enactment of
this act and annually thereafter.

(cf: P.L.1983, c.435, s.3)

���� 3.� (New section)� a.� Notwithstanding
any law, rule, regulation, or order to the contrary, a veteran in need of
mental health services who meets the eligibility requirements of a county
mental health services program shall not be denied county mental health
services:

���� (1) �based solely on the
person�s status as a veteran, including whether or not the person is eligible
for services provided by the United States Department of Veterans Affairs; or

���� (2) �while waiting for a
determination of eligibility for, or the availability of, mental health
services provided by the United States Department of Veterans Affairs, when
referred to such services pursuant to subsection b. of this section.

���� b.� A county mental health
services program:

���� (1) �shall advise a veteran
who may be eligible for mental health services through the United States
Department of Veterans Affairs of their presumed eligibility for such services,
and refer the veteran to the appropriate county veterans� affairs office for assistance
with eligibility determination of such mental health services as appropriate;
and

���� (2) �may enter into a contract
with a community-based veterans� mental health services organization, where
possible, to provide veteran-specific mental health services.

���� 4.� (New section)� In
accordance with the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), the Department of Human Services shall adopt rules and
regulations necessary to implement the provisions of this act.

���� 5.��� This act shall take
effect immediately.

STATEMENT

���� This bill encourages the expansion
of community mental health programs to include mental health services to
veterans and prohibits veterans from being denied county mental health
services.

���� Specifically, the bill amends section
1 of P.L.1957, c.146 (C.30:9A-1) to stipulate that the public policy of the
State is to encourage the improvement and expansion of community mental health
programs in designated service areas in order to provide mental health services
to veterans.� Current State public policy does not specifically stipulate that community
mental health programs in designated service areas are to provide mental health
services to veterans.

���� The bill also amends section 3
of P.L.1983, c. 435 (C.30:9A-9.2) to require that reimbursement or advancement
grants distributed by the Department of Human Services in areas lacking
community mental health centers are to be used to initiate or expand services
to veterans in need of mental health services.� Currently, reimbursement or
advancement grants are used to initiate or expand services for certain target
populations which do not include veterans in need of mental health services.

���� The provisions of the bill
mandate that a veteran in need of mental health services who meets the
eligibility requirements of a county mental health services program is not be
denied county mental health services:(1) based solely on the person�s status as
a veteran, including whether or not the person is eligible for services
provided by the United States Department of Veterans Affairs; or (2) while
waiting for a determination of eligibility for, or the availability of, mental
health services provided by the United States Department of Veterans Affairs.

���� Under the bill�s provisions, a
county mental health services program: (1) is to advise a veteran who may be
eligible for mental health services through the United States Department of
Veterans Affairs of their presumed eligibility for services, and refer the
veteran to the appropriate county veterans� affairs office for assistance with
eligibility determination for these, as appropriate; and (2) may enter into a
contract with a community-based veterans� mental health services organization,
where possible, to provide veteran-specific mental health services.