Requires DOT to establish paratransit brokerage program to consolidate provision of paratransit services under State Medicaid program and NJT Access Link.

A2461

ASSEMBLY, No. 2461

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman TENNILLE R. MCCOY

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Requires DOT to establish paratransit brokerage
program to consolidate provision of paratransit services under State Medicaid
program and NJT Access Link.

CURRENT VERSION OF TEXT

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

��

An Act
concerning the provision of paratransit services,
supplementing Title 27 of the Revised Statutes, and revising various parts of
the statutory law.

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

���� 1.��� (New section) As used in
sections 1 through 7 of P.L. ,
c. (C. )
(pending before the Legislature as this bill):

���� �ADA paratransit service�
means the paratransit service that the corporation is required to provide,
whether directly or indirectly through contract, to comply with the
requirements of the federal �Americans with Disabilities Act of 1990� (42
U.S.C. s.12101 et seq.).

���� �Community organization� means
an organization that provides programs and services to persons with
disabilities.

���� �Corporation� means the New
Jersey Transit Corporation.

���� �County transit agency� means
a transportation service organized under or in conjunction with a county
government to provide trips to senior citizens and residents with disabilities
under the �Senior Citizen and Disabled Resident Transportation Assistance Act,�
P.L.1983, c.578 (C.27:25-25 et seq.).

���� �Covered medical service�
means a physical or behavioral health care service that is provided to a
Medicaid beneficiary and is eligible for reimbursement under the Medicaid
program.

���� �Livery vehicle� means a
chauffeured vehicle, other than a mobility assistance vehicle, which is used to
transport ambulatory Medicaid beneficiaries to and from health care providers
to receive covered medical services.� The term includes, but is not limited to,
a clinic van, a paratransit van, or a wheelchair van.

���� �Medicaid program� or
�Medicaid� means the State Medicaid program established pursuant to P.L.1968,
c.413 (C.30:4D-1 et seq.).

���� �Medicaid transportation
service� means the non-emergency medical transport of a beneficiary of the
Medicaid program, which service is provided through the use of a mobility
assistance vehicle or livery vehicle, is necessary for the beneficiary to
receive covered medical services, and is provided in compliance with Title XIX
of the federal Social Security Act (42 U.S.C. s.1396 et seq.), P.L.1968, c.413
(C.30:4D-1 et seq.), P.L.1981, c.134 (C.30:4D-6.2 et seq.), and any rules or
regulations adopted thereunder.

���� �Mobility assistance vehicle�
means a chauffeured vehicle that is staffed by certified trained personnel, and
which is used to transport a non-ambulatory Medicaid beneficiary who is sick,
has an infirmity, or has a disability, and is under the care and supervision of
a physician, and whose medical condition is not of sufficient magnitude or
gravity to require transportation by ambulance, but is of sufficient magnitude
or gravity to require transportation from place to place for medical care, and
whose use of an alternate form of transportation, such as a taxicab, bus,
livery vehicle, private vehicle, or public conveyance might create a serious
risk to the beneficiary�s life or health.

���� �Paratransit brokerage
program� or �program� means the program, established pursuant to section 2 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill), which is managed by a
transportation broker that administers the provision of paratransit services,
including Medicaid transportation services and ADA paratransit services, by
paratransit providers in the State.

���� �Paratransit provider� or
�provider� means any organization or entity that provides paratransit service, including,
but not limited to, Medicaid transportation service and ADA paratransit
service, subject to any applicable provisions of State or federal law or
regulation.

���� �Paratransit service� means
any transportation service other than fixed route transportation service,
including, but not limited to, Medicaid transportation service and ADA
paratransit service, except not including private or charter services provided
by taxicabs, limousines, or transportation network companies.

���� �Transportation broker� or
�broker� means the organization or entity that is contracted by the Department
of Transportation pursuant to section 5 of P.L. ,
c. (C. )
(pending before the Legislature as this bill) to manage the paratransit
brokerage program.

���� �Transportation brokerage
contract� means the contract that is executed between the Department of
Transportation and the transportation broker for the management of the
paratransit brokerage program.

���� 2.��� (New section)� a.� After
the execution of the first transportation brokerage contract following the
effective date of P.L. ,
c. (C. )
(pending before the Legislature as this bill), the Department of Transportation
shall oversee the implementation of a paratransit brokerage program, through
which a transportation broker shall manage the provision of paratransit
service, including Medicaid transportation service and ADA paratransit service,
by participating paratransit providers to eligible passengers, which services
shall be requested and fulfilled through an interactive brokerage software.�

���� b.��� The purpose of the
paratransit brokerage program shall be to realize cost savings and operational
efficiencies in the provision of paratransit services by enabling participating
paratransit providers to voluntarily compete to fulfill each request for Medicaid
transportation service and ADA paratransit service, respectively, scheduled by
an eligible passenger of such service.� To accomplish this purpose, the
paratransit services provided under the program shall be facilitated through
the use of an interactive brokerage software, as initially developed pursuant
to section 4 of P.L. ,
c. (C. )
(pending before the Legislature as this bill), through which software:

���� (1)�� the recipients of ADA
paratransit service and Medicaid transportation service may schedule regular or
recurring requests for paratransit service, subject to any applicable
restrictions of State or federal law or regulation;

���� (2)�� the participating
providers of ADA paratransit service and Medicaid transportation service may
compete, on a cost-efficient basis, to fulfill any scheduled requests for
paratransit service, subject to any applicable restrictions of State or federal
law or regulation;

���� (3)�� the recipients of ADA
paratransit service and Medicaid transportation service may review and submit
complaints concerning the quality of service received from any paratransit
provider; and

���� (4)�� the transportation
broker shall monitor, assess, and document the performance, reliability, and
responsiveness of each paratransit provider operating in the program and
respond to passenger complaints.

���� c.���� In addition to any
other terms and conditions that may be imposed by the Department of
Transportation under the transportation brokerage contract, the
responsibilities of the transportation broker in managing the paratransit
brokerage program shall include:

���� (1)�� maintaining a
paratransit provider network for ADA paratransit service and Medicaid
transportation service, respectively, which networks shall have sufficient
capacity to provide all required forms of paratransit service within all
applicable service areas in the State;

���� (2)�� ensuring that each
provider of ADA paratransit service is qualified to provide such service and
complies with all applicable requirements of the federal �Americans with
Disabilities Act of 1990� (42 U.S.C. s.12101 et seq.) and any other applicable
provisions of State or federal law or regulation, including, but not limited
to, any requirements concerning the type of vehicles used to provide such
service;

���� (3)�� ensuring that each
provider of Medicaid paratransit service is qualified to provide such service
and complies with all applicable requirements of Title XIX of the federal
Social Security Act (42 U.S.C. s.1396 et seq.), P.L.1968, c.413 (C.30:4D-1 et
seq.), P.L.1981, c.134 (C.30:4D-6.2 et seq.), and any other applicable
provisions of State or federal law or regulation, including, but not limited
to, any requirements concerning the type of vehicles used to provide such
service;

���� (4)�� ensuring that each
recipient of ADA paratransit service or Medicaid paratransit service is
eligible to receive the service;

���� (5)�� compensating each
paratransit provider that operates in the program, which compensation shall be
based exclusively on the requests for paratransit service that have been
fulfilled by the provider, and which compensation shall be paid from the monies
received by the transportation broker pursuant to subsection e. of this
section;

���� (6)�� receiving and acting
upon passenger complaints in accordance with the provisions of subsection f. of
this section; and

���� (7)�� divesting from any
ownership stake or equity interest in any entity or organization that operates
as a paratransit provider under the program.

���� d.��� Except as otherwise
provided in this subsection, beginning immediately after the implementation of
the paratransit brokerage program, the program shall be limited to the
provision of ADA paratransit service and Medicaid transportation service by
paratransit providers other than county transit agencies and community
organizations.� Subject to the determination of the Department of
Transportation pursuant to the study completed pursuant to section 6 of
P.L. , c. (C. )
(pending before the Legislature as this bill) and the regulations adopted
pursuant to subsection b. of section 7 of P.L. ,
c. (C. )
(pending before the Legislature as this bill), the program may be expanded to:

���� (1)�� incorporate the
provision of other forms of paratransit service, including those services
provided by the Department of Labor and Workforce Development pursuant to
P.L.1987, c.455 (C.34:16-51 et seq.) and those services provided by counties
under the �Senior Citizen and Disabled Resident Transportation Assistance Act,�
P.L.1983, c.578 (C.27:25-25 et seq.); and

���� (2)�� allow county transit
agencies and community organizations to operate as paratransit providers under
the program.�

���� e.���� (1)� Except as
otherwise provided in paragraph (3) of this subsection, the operational and
administrative costs of the paratransit brokerage program shall be defrayed by
proportionate funding from the Department of Human Services and the
corporation, which monies shall be transferred to the Department of
Transportation and paid to the transportation broker in such intervals and
amounts as may be prescribed in the transportation brokerage contract.� The
Department of Human Services shall be responsible for defraying all costs
associated with the provision of Medicaid paratransit service under the
program.� The corporation shall be responsible for defraying all costs
associated with the provision of ADA paratransit service under the program.�

���� (2)�� From the monies paid to
the transportation broker by the Department of Transportation, the broker shall
compensate the paratransit providers operating in the program, which
compensation shall be based exclusively on the requests for paratransit service
that have been fulfilled by the provider.� Of the remaining funds, the
transportation broker shall retain such amounts as may be prescribed in the
transportation brokerage contract to support the costs of managing the program.

���� (3)�� If the paratransit
brokerage program is expanded to include other forms of paratransit service, as
permitted under subsection d. of this section, the costs of providing such
services shall be defrayed as follows, which monies shall be transferred to the
Department of Transportation in accordance with the provisions of paragraph (1)
of this subsection:

���� (a)�� the Department of Labor
and Workforce Development shall be responsible for defraying all costs
associated with the provision of any paratransit services otherwise provided
under P.L.1987, c.455 (C.34:16-51);

���� (b)�� the corporation shall be
responsible for defraying all costs associated with the provision of any
paratransit services otherwise provided by counties under the �Senior Citizen
and Disabled Resident Transportation Assistance Act,� P.L.1983, c.578
(C.27:25-25 et seq.), which costs shall be paid from the monies deposited into
the Casino Revenue Fund pursuant to subsection b. of section 4 of P.L.1983,
c.578 (C.27:25-28); and

���� (c)�� in the case of any other
form of paratransit service, the administrative entity otherwise responsible
for administering the service shall be responsible for defraying all costs
associated with the provision of such service under the program.�

���� f.���� The Department of
Transportation, in consultation with the Department of Human Services and the
corporation, shall prescribe procedures and methods by which the recipients of
paratransit service may submit complaints through the interactive brokerage
software.� The transportation broker shall receive, process, and act upon each
complaint in accordance with the procedures prescribed by the department,
except that the broker shall respond to each complaint, in writing, within 21
days of the receipt of a complaint.

���� g.��� (1)� After the
implementation of the paratransit brokerage program, all Medicaid
transportation services and ADA paratransit services shall be provided under
the paratransit brokerage program, and the Department of Human Services and the
corporation shall cease to provide, whether directly or indirectly through
contract, such services.� Before the implementation of the program, the
Department of Human Services and the corporation, as applicable, shall submit
such documentation as is necessary to the federal government to effectuate the
implementation of the program, including, but not limited to, the application
by the Department of Human Services for such State plan amendments or waivers
as may be necessary to implement the provisions of
P.L. ,
c. (C. )
(pending before the Legislature as this bill) and to secure federal financial
participation for State Medicaid expenditures under the federal Medicaid
program.� The Department of Human Services shall receive federal approval for
such State plan amendments or waivers before the paratransit brokerage program
may be fully implemented.

���� (2)�� After the effective date
of P.L. , c.
(C. ) (pending before the
Legislature as this bill), but before the implementation of the paratransit
brokerage program, the corporation shall not enter into any contract, or
exercise any option to extend an existing contract, concerning the provision of
ADA paratransit service under the Access Link service model unless the contract
or option:

���� (a)�� is valid for not longer
than one year; and

���� (b)�� permits the corporation
to terminate the contract immediately upon the implementation of the
paratransit brokerage program.

���� (3)�� After the effective date
of P.L. , c.
(C. ) (pending before the
Legislature as this bill), but before the implementation of the paratransit
brokerage program, the Department of Human Services shall not enter into any
contract, or exercise any option to extend an existing contract, concerning the
provision of Medicaid paratransit service under the State Medicaid program
unless the contract or option:

���� (a)�� is valid for not longer
than one year; and

���� (b)�� permits the department
to terminate the contract immediately upon the implementation of the
paratransit brokerage program.

���� 3.��� (New section)� a.�
Within six months following the effective date of P.L. ,
c. (C. )
(pending before the Legislature as this bill), the Department of Transportation,
in consultation with the corporation and the Department of Human Services,
shall develop standards for the provision of ADA paratransit service under the
program.� At a minimum, the standards shall prescribe minimum functionality
requirements for the interactive brokerage software to ensure that the
provision of ADA paratransit service complies with the purposes and
responsibilities set forth in section 2 of P.L. ,
c. (C. )
(pending before the Legislature as this bill), as well as any other applicable
requirements of State or federal law or regulation.� To the extent practicable,
these standards shall be consistent with the standards developed by the
Department of Human Services pursuant to subsection b. of this section.

���� b.��� Within six months
following the effective date of P.L. ,
c. (C. )
(pending before the Legislature as this bill), the Department of Human Service,
in consultation with the Department of Transportation, shall develop standards
for the provision of Medicaid paratransit services under the program.� At a
minimum, the standards shall prescribe minimum functionality requirements for
the interactive brokerage software to ensure that that the provision of
Medicaid paratransit service complies with the purposes and responsibilities
set forth in section 2 of P.L. ,
c. (C. )
(pending before the Legislature as this bill), as well as any other applicable
requirements of State or federal law or regulation.� To the extent practicable,
these standards shall be consistent with the standards developed by the
Department of Transportation pursuant to subsection a. of this section.

���� 4.��� (New section)� a.�
Within nine months after the effective date of P.L. ,
c. (C. )
(pending before the Legislature as this bill), the Department of Transportation,
in consultation with the Department of Human Services and the corporation,
shall issue a request for proposal for the development of an interactive
brokerage software, which software shall facilitate the provision of
paratransit services under the paratransit brokerage program.� In addition to
any other requirements that the Department of Transportation may deem
appropriate, the request for proposal shall:

���� (1)�� incorporate the
standards developed pursuant to section 3 of P.L. ,
c. (C. ) (pending
before the Legislature as this bill); and

���� (2)�� require all bidders to
demonstrate experience in the development of one or more software platforms
that have facilitated the provision of any transportation service.

���� b.��� The Department of
Transportation, in consultation with the Department of Human Services and the
corporation, shall enter into a contract with the most qualified bidder for the
development of the interactive brokerage software, except that the selected contractor
shall have demonstrated experience in developing one or more software platforms
that have facilitated the provision of any transportation service.� In addition
to any other terms and conditions that the Department of Transportation may
deem appropriate, the contractor shall provide monthly updates, in writing, to
the Department of Transportation documenting its progress in developing the
interactive brokerage software.

���� c.���� Following the
implementation of the paratransit brokerage program, if the Department of
Transportation, in consultation with the transportation broker, determines that
it is necessary to develop a new interactive brokerage software or update all
or part of the existing software, the Department of Transportation may issue a
request for proposal and enter into a contract to perform such work.�

���� 5.��� (New section)� a.� After
the interactive brokerage software has been developed pursuant to subsection b.
of section 4 of P.L. , c.
(C. ) (pending before the Legislature
as this bill), and upon the expiration of each transportation brokerage
contract, the Department of Transportation, in consultation with the Department
of Human Services and the corporation, shall issue a request for proposal for
the procurement of a transportation broker to manage the paratransit brokerage
program.� In addition to any other requirements that the Department of
Transportation may deem appropriate, the request for proposal shall:

���� (1)�� incorporate all responsibilities
of the broker under section 2 of P.L. ,
c. (C. )
(pending before the Legislature as this bill) and the standards developed
pursuant to section 3 of P.L. ,
c. (C. )
(pending before the Legislature as this bill); and

���� (2)�� require the bidder to
demonstrate experience in the operation or management of one or more brokerage
programs that have facilitated the provision of any transportation service.

���� b.��� The Department of
Transportation, in consultation with the Department of Human Services and the
corporation, shall enter into a transportation brokerage contract with the most
qualified bidder for the procurement of the transportation broker, except that
the broker shall have demonstrated experience in managing a similar brokerage
program.� Notwithstanding any provision of this section to the contrary, before
the expiration of the transportation brokerage contract, the Department of
Transportation may exercise an option to extend the existing contract without
issuing the request for proposal otherwise required under subsection a. of this
section.�

���� 6.��� (New section)� a.�
Within no more than two years following the implementation of the paratransit
brokerage program, and every five years thereafter, the Department of
Transportation, in consultation with the Department of Human Services, the
corporation, and the Department of Labor and Workforce Development, shall
conduct a study to assess whether the program shall be expanded, which
determination shall consider the cost savings realized and operational
efficiencies realized from the operations of the program, and the capacity of
the paratransit provider networks maintained by the transportation broker to
fulfill the existing demand for paratransit services.� In addition to any other
considerations that may be deemed appropriate, the study shall:

���� (1)�� examine the performance
of the existing paratransit provider networks for ADA paratransit service and
Medicaid paratransit service, respectively, within each county in the State;

���� (2)�� examine the capacity of
county transit agencies and community organizations to operate as providers of
ADA paratransit service, Medicaid paratransit service, or both, under the
program;

���� (3)�� determine whether the
existing paratransit provider networks should be expanded to allow county
transit agencies and community organizations to operate as providers of ADA
paratransit service, Medicaid paratransit service, or both, under the program;
and

���� (4)�� determine whether the
program shall be expanded to include the provision of other forms of
paratransit service, including those services provided by the Department of
Labor and Workforce Development pursuant to P.L.1987, c.455 (C.34:16-51) and
those services provided by counties under the �Senior Citizen and Disabled
Resident Transportation Assistance Act,� P.L.1983, c.578 (C.27:25-25 et seq.).

���� b.��� The transportation
broker shall provide the Department of Transportation with such assistance as
the department deems necessary to conduct the study, which assistance shall
include, but shall not be limited to, the submission of all data retained by
the broker concerning the performance, reliability, and responsiveness of all
paratransit providers operating in the program.

���� 7.��� (New section)� a.� The
Department of Transportation, in consultation with the Department of Human
Services and the New Jersey Transit Corporation, shall adopt, pursuant to the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), such
rules and regulations as may be necessary to effectuate the purposes of
P.L. ,
c. (C. )
(pending before the Legislature as this bill).

���� b.��� If the Department of
Transportation determines to expand the paratransit brokerage program, as
permitted under subsection d. of section 2 of P.L. ,
c. (C. )
(pending before the Legislature as this bill), the Department of
Transportation, in consultation with the Department of Human Services, the New
Jersey Transit Corporation, and the Department of Labor and Workforce
Development, as applicable, shall adopt, pursuant to the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and
regulations as may be necessary to effectuate the expansion of the program,
which expansion shall not take effect until the rules and regulations have been
adopted.

���� 8.��� Section 6 of P.L.1968,
c.413 (C.30:4D-6) is amended to read as follows:

���� 6.� a.� Subject to the
requirements of Title XIX of the federal Social Security Act, the limitations
imposed by this act and by the rules and regulations promulgated pursuant
thereto, the department shall provide medical assistance to qualified applicants,
including authorized services within each of the following classifications:

���� (1)� Inpatient hospital
services

���� (2)� Outpatient hospital
services;

���� (3)� Other laboratory and
X-ray services;

���� (4)� (a).� Skilled nursing or
intermediate care facility services;

���� (b)� Early and periodic
screening and diagnosis of individuals who are eligible under the program and
are under age 21, to ascertain their physical or mental health status and the
health care, treatment, and other measures to correct or ameliorate defects and
chronic conditions discovered thereby, as may be provided in regulation of the
Secretary of the federal Department of Health and Human Services and approved
by the commissioner;

���� (5)� Physician's services
furnished in the office, the patient's home, a hospital, a skilled nursing, or
intermediate care facility or elsewhere.

���� As used in this subsection,
"laboratory and X-ray services" includes HIV drug resistance testing,
including, but not limited to, genotype assays that have been cleared or
approved by the federal Food and Drug Administration, laboratory developed
genotype assays, phenotype assays, and other assays using phenotype prediction
with genotype comparison, for persons diagnosed with HIV infection or AIDS.

���� b.��� Subject to the
limitations imposed by federal law, by this act, and by the rules and
regulations promulgated pursuant thereto, the medical assistance program may be
expanded to include authorized services within each of the following
classifications:

���� (1)� Medical care not included
in subsection a.(5) above, or any other type of remedial care recognized under
State law, furnished by licensed practitioners within the scope of their
practice, as defined by State law;

���� (2)� Home health care
services;

���� (3)� Clinic services;

���� (4)� Dental services;

���� (5)� Physical therapy and
related services;

���� (6)� Prescribed drugs,
dentures, and prosthetic devices; and eyeglasses prescribed by a physician
skilled in diseases of the eye or by an optometrist, whichever the individual
may select;

���� (7)� Optometric services;

���� (8)� Podiatric services;

���� (9)� Chiropractic services;

���� (10)� Psychological services;

���� (11)� Inpatient psychiatric
hospital services for individuals under 21 years of age, or under age 22 if
they are receiving such services immediately before attaining age 21;

���� (12)� Other diagnostic,
screening, preventative, and rehabilitative services, and other remedial care;

���� (13)� Inpatient hospital
services, nursing facility services, and immediate care facility services for
individuals 65 years of age or over in an institution for mental diseases;

���� (14)� Intermediate care
facility services;

���� (15)� Transportation services
,
including those services provided through the paratransit brokerage program
established pursuant to section 2 of P.L. ,
c. (C. )
(pending before the Legislature as this bill)
;

���� (16)� Services in connection
with the inpatient or outpatient treatment or care of substance use disorder,
when the treatment is prescribed by a physician and provided in a licensed
hospital or in a narcotic and substance use disorder treatment center approved
by the Department of Health pursuant to P.L.1970, c.334 (C.26:2G-21 et. seq.)
and whose staff includes a medical director, and limited those services
eligible for federal financial participation under Title XIX of the federal
Social Security Act;

���� (17)� Any other medical care
and any other type of remedial care recognized under State law, specified by
the Secretary of the federal Department of Health and Human Services, and
approved by the commissioner;

���� (18)� Comprehensive maternity
care, which may include: the basic number of prenatal and postpartum visits
recommended by the American College of Obstetrics and Gynecology; additional
prenatal and postpartum visits that are medically necessary; necessary laboratory,
nutritional assessment and counseling, health education, personal counseling,
managed care, outreach, and follow-up services; treatment of conditions which
may complicate pregnancy doula care; and physician or certified nurse midwife
delivery services.� For the purposes of this paragraph, "doula" means
a trained professional who provides continuous physical, emotional, and
informational support to a mother before, during, and shortly after childbirth,
to help her to achieve the healthiest, most satisfying experience possible;

���� (19)� Comprehensive pediatric
care, which may include: ambulatory, preventive, and primary care health
services.� The preventive services shall include, at a minimum, the basic
number of preventive visits recommended by the American Academy of Pediatrics;

���� (20)� Services provided by a
hospice which is participating in the Medicare program established pursuant to
Title XVIII of the Social Security Act, Pub.L.89-97 (42 U.S.C. s.1395 et
seq.).� Hospice services shall be provided subject to approval of the Secretary
of the federal Department of Health and Human Services for federal
reimbursement;

���� (21)� Mammograms, subject to
approval of the Secretary of the federal Department of Health and Human
Services for federal reimbursement, including one baseline mammogram for women
who are at least 35 but less than 40 years of age; one mammogram examination
every two years or more frequently, if recommended by a physician, for women
who are at least 40 but less than 50 years of age; and one mammogram
examination every year for women age 50 and over;

���� (22)� Upon referral by a
physician, advanced practice nurse, or physician assistant of a person who has
been diagnosed with diabetes, gestational diabetes, or pre-diabetes, in
accordance with standards adopted by the American Diabetes Association:

���� (a)� Expenses for diabetes
self-management education or training to ensure that a person with diabetes,
gestational diabetes, or pre-diabetes can optimize metabolic control, prevent
and manage complications, and maximize quality of life.� Diabetes self-management
education shall be provided by an in-State provider who is:

���� (i)� a licensed, registered,
or certified health care professional who is certified by the National
Certification Board of Diabetes Educators as a Certified Diabetes Educator, or
certified by the American Association of Diabetes Educators with a Board Certified-Advanced
Diabetes Management credential, including, but not limited to: a physician, an
advanced practice or registered nurse, a physician assistant, a pharmacist, a
chiropractor, a dietitian registered by a nationally recognized professional
association of dietitians, or a nutritionist holding a certified nutritionist
specialist (CNS) credential from the Board for Certification of Nutrition
Specialists; or

���� (ii)� an entity meeting the
National Standards for Diabetes Self-Management Education and Support, as
evidenced by a recognition by the American Diabetes Association or
accreditation by the American Association of Diabetes Educators;

���� (b)� Expenses for medical
nutrition therapy as an effective component of the person's overall treatment
plan upon a: diagnosis of diabetes, gestational diabetes, or pre-diabetes;
change in the beneficiary's medical condition, treatment, or diagnosis; or determination
of a physician, advanced practice nurse, or physician assistant that
reeducation or refresher education is necessary.� Medical nutrition therapy
shall be provided by an in-State provider who is a dietitian registered by a
nationally-recognized professional association of dietitians, or a nutritionist
holding a certified nutritionist specialist (CNS) credential from the Board for
Certification of Nutrition Specialists, who is familiar with the components of
diabetes medical nutrition therapy;

���� (c)� For a person diagnosed
with pre-diabetes, items and services furnished under an in-State diabetes
prevention program that meets the standards of the National Diabetes Prevention
Program, as established by the federal Centers for Disease Control and Prevention;
and

���� (d)� Expenses for any
medically appropriate and necessary supplies and equipment recommended or
prescribed by a physician, advanced practice nurse, or physician assistant for
the management and treatment of diabetes, gestational diabetes, or pre-diabetes,
including, but not limited to: equipment and supplies for self-management of
blood glucose; insulin pens; insulin pumps and related supplies; and other
insulin delivery devices;

���� (23)� Expenses incurred for
the provision of group prenatal services to a pregnant woman, provided that:

���� (a)� the provider of such
services, which shall include, but not be limited to, a federally qualified
health center or a community health center operating in the State:

���� (i)� is a site accredited by
the Centering Healthcare Institute, or is a site engaged in an active
implementation contract with the Centering Healthcare institute, that utilizes
the Centering Pregnancy model; and

���� (ii)� incorporates the
applicable information outlined in any best practices manual for prenatal and
postpartum maternal care developed by the Department of Health into the
curriculum for each group prenatal visit;

���� (b)�� each group prenatal care
visit is at least 1.5 hours in duration, with a. minimum of two women and a
maximum of 20 women in participation; and

���� (c)�� no more than 10 group
prenatal care visits occur per pregnancy.� As used in this paragraph,
"group prenatal care services" means a series of prenatal care visits
provided in a group setting which are based upon the Centering Pregnancy model
developed by the Centering Healthcare Institute and which include health
assessments, social and clinical support, and educational activities;

���� (24)� Expenses incurred for
the provision of pasteurized donated human breast milk, which shall include
human milk fortifiers if indicated in a medical order provided by a licensed
medical practitioner, to an infant under the age of six months; provided that
the milk is obtained from a human milk bank that meets quality guidelines
established by the Department of Health and a licensed medical practitioner has
issued a medical order for the infant under at least one of the following
circumstances:

���� (a)� the infant is medically
or physically unable to receive maternal breast milk or participate in breast
feeding, or the infant's mother is medically or physically unable to produce
maternal breast milk in sufficient quantities or participate in breast feeding
despite optimal lactation support; or

���� (b)� the infant meets any of
the following conditions:

���� (i)� a body weight below
healthy levels, as determined by the licensed medical practitioner issuing the
medical order for the infant;

���� (ii)� the infant has a
congenital or acquired condition that places the infant at a high risk for
development of necrotizing enterocolitis; or

���� (iii)� the infant has a
congenital or acquired condition that may benefit from the use of donor breast
milk and human milk fortifiers, as determined by the Department of Health;

���� (25)� Comprehensive tobacco
cessation benefits to an individual who is 18 years of age or older, or who is
pregnant.� Coverage shall include: brief and high intensity individual
counseling, brief and high intensity group counseling, and telemedicine as defined
by section 1 of P.L.2017, c.117 (C.45:1-61); all medications approved for
tobacco cessation by the U.S. Food and Drug Administration; and other tobacco
cessation counseling recommended by the Treating Tobacco Use and Dependence
Clinical Practice Guideline issued by the U.S. Public Health Service.�
Notwithstanding the provisions of any other law, rule, or regulation to the
contrary, and except as otherwise provided in this section:

���� (a)� Information regarding the
availability of the tobacco cessation services described in this paragraph
shall be provided to all individuals authorized to receive the tobacco
cessation services pursuant to this paragraph at the following times: no later
than 90 days after the effective date of P.L.2019, c.473: upon the
establishment of an individual's eligibility for medical assistance; and upon
the redetermination of an individual's eligibility for medical assistance;

���� (b)� The following conditions
shall not be imposed on any tobacco cessation services provided pursuant to
this paragraph: copayments or any other forms of cost-sharing, including
deductibles; counseling requirements for medication; stepped care therapy or
similar restrictions requiring the use of one service prior to another; limits
on the duration of services; or annual or lifetime limits on the amount,
frequency, or cost of services, including, but not limited to, annual or
lifetime limits on the number of covered attempts to quit; and

���� (c)� Prior authorization
requirements shall not be imposed on any tobacco cessation services provided
pursuant to this paragraph except in the following circumstances where prior
authorization may be required: for a treatment that exceeds the duration recommended
by the most recently published United States Public Health Service clinical
practice guidelines on treating tobacco use and dependence; or for services
associated with more than two attempts to quit within a 12-month period; and

���� (26)� Provided that there is
federal financial participation available, benefits for expenses incurred in
conducting a colorectal cancer screening in accordance with United States
Preventive Services Task Force recommendations.� The method and frequency of
screening to be utilized shall be in accordance with the most recent published
recommendations of the United States Preventive Services Task Force and as
determined medically necessary by the covered person's physician, in
consultation with the covered person.

���� No deductible, coinsurance,
copayment, or any other cost-sharing requirement shall be imposed for a
colonoscopy performed following a positive result on a non-colonoscopy,
colorectal cancer screening test recommended by the United States Preventive
Services Task Force.

���� c.���� Payments for the
foregoing services, goods and supplies furnished pursuant to this act shall be
made to the extent authorized by this act, the rules and regulations
promulgated pursuant thereto and, where applicable, subject to the agreement of
insurance provided for under this act.� The payments shall constitute payment
in full to the provider on behalf of the recipient.� Every provider making a
claim for payment pursuant to this act shall certify in writing on the claim
submitted that no additional amount will be charged to the recipient, the
recipient's family, the recipient's representative or others on the recipient's
behalf for the services, goods, and supplies furnished pursuant to this act.

���� No provider whose claim for
payment pursuant to this act has been denied because the services, goods, or
supplies were determined to be medically unnecessary shall seek reimbursement
form the recipient, his family, his representative or others on his behalf for
such services, goods, and supplies provided pursuant to this act; provided,
however, a provided may seek reimbursement from a recipient for services,
goods, or supplies not authorized by this act, if the recipient elected to
receive the services, goods or supplies with the knowledge that they were not
authorized.

���� d.��� Any individual eligible
for medical assistance (including drugs) may obtain such assistance from any
person qualified to 33 perform the service or services required (including an
organization which provides such services, or arranges for their availability
on a prepayment basis), who undertakes to provide the individual such services.

���� No copayment or other form of
cost-sharing shall be imposed on any individual eligible for medical
assistance, except as mandated by federal law as a condition of federal
financial participation.

���� e.���� Anything in this act to
the contrary notwithstanding, no payments for medical assistance shall be made
under this act with respect to care or services for any individual who:

���� (1)� Is an inmate of a public
institution (except as a patient in a medical institution); provided, however,
that an individual who is otherwise eligible may continue to receive services
for the month in which he becomes an inmate, should the commissioner determine
to expand the scope of Medicaid eligibility to include such an individual,
subject to the limitations imposed by federal law and regulations, or

���� (2)� Has not attained 65 years
of age and who is a patient in an institution for mental diseases, or

���� (3)� Is over 21 years of age
and who is receiving inpatient psychiatric hospital services in a psychiatric
facility; provided, however, that an individual who was receiving such services
immediately prior to attaining age 21 may continue to receive such services
until the individual reaches age 22.� Nothing in this subsection shall prohibit
the commissioner from extending medical assistance to all eligible persons
receiving inpatient psychiatric services; provided that there is federal
financial participation available.

���� f.� (1)� A third party as
defined in section 3 of P.L.1968, c.413 (C.30:4D-3) shall not consider a
person's eligibility for Medicaid in this or another state when determining the
person's eligibility for enrollment or the provision of benefits by that third
party.

���� (2)� In addition, any
provision in a contract of insurance, health benefits plan, or other health
care coverage document, will, trust, agreement, court order, or other
instrument which reduces or excludes coverage or payment for health
care-related goods and services to or for an individual because of that
individual's actual or potential eligibility for or receipt of Medicaid
benefits shall be null and void, and no payments shall be made under this act
as a result of any such provision.

���� (3)� Notwithstanding any
provision of law to the contrary, the provisions of paragraph (2) of this
subsection shall not apply to a trust agreement that is established pursuant to
42 U.S.C. s.1396p(d)(4)(A) or (C) to supplement and augment assistance provided
by government entities to a person who is disabled as defined in section
1614(a)(3) of the federal Social Security Act (42 31 U.S.C. s.1382c (a)(3)).

���� g.��� The following services
shall be provided to eligible medically needy individuals as follows:

���� (1)� Pregnant women shall be
provided prenatal care and delivery services and postpartum care, including the
services cited in subsections a.(1), (3), and (5) of this section and
subsections b.(1)-(10), (12), (15), and (17) of this section, and nursing facility
services cited in subsection b.(13) of this section.

���� (2)� Dependent children shall
be provided with services cited in subsections a.(3) and (5) of this section
and subsections b.(1), (2), (3), (4), (5), (6), (7), (10), (12), (15), and (17)
of this section, and nursing facility services cited in subsection b.(13) of
this section.

���� (3)� Individuals who are 65
years of age or older shall be provided with services cited in subsections
a.(3) and (5) of this section and subsections b.(1)-(5), (6) excluding
prescribed drugs, (7), (8), (10), (12), (15), and (17) of this section, and
nursing facility services cited in subsection b.(13) of this section.

���� (4)� Individuals who are blind
or disabled shall be provided with services cited in subsections a.(3) and (5)
of this section and subsections b.(1)-(5), (6) excluding prescribed drugs, (7),
(8), (10), 3 (12), (15), and (17) of this section, and nursing facility
services cited in subsection b.(13) of this section.

���� (5)� (a) Inpatient hospital
services, subsection a.(1) of this section, shall only be provided to eligible
medically needy individuals, other than pregnant women, if the federal
Department of Health and Human Services discontinues the State's waiver to establish
inpatient hospital reimbursement rates for the Medicare and Medicaid programs
under the authority of section 601(c)(3) of the Social Security Act Amendments
of 1983, Pub.L.98-21 (42 U.S.C. s.1395ww(c)(5)).� Inpatient hospital services
may be extended to other eligible medically needy individuals if the federal
Department of Health and Human Services directs that these services be
included.

���� (b)� Outpatient hospital
services, subsection a.(2) of this section, shall only be provided to eligible
medically needy individuals if the federal Department of Health and Human
Services discontinues the State's waiver to establish outpatient hospital reimbursement
rates for the Medicare and Medicaid programs under the authority of section
601(c)(3) of the Social Security Amendments of 1983, Pub.L.98-21 (42 U.S.C.
s.1395ww(c)(5)).� Outpatient hospital services may be extended to all or to
certain medically needy individuals if the federal Department of Health and
Human Services directs that these services be included.� However, the use of
outpatient hospital services shall be limited to clinic services and to
emergency room services for injuries and significant acute medical conditions.

���� (c)� The division shall
monitor the use of inpatient and outpatient hospital services by medically
needy persons.

���� h.��� In the case of a
qualified disabled and working individual pursuant to section h6408 of
Pub.L.101-239 (42 U.S.C. s.1396d), the only medical assistance provided under
this act shall be the payment of premiums for Medicare part A under 42 U.S.C.
ss.1395i-2 and 1395r.

���� i.���� In the case of a
specified low-income Medicare beneficiary pursuant to 42 U.S.C.
s.1396a(a)10(E)iii, the only medical assistance provided under this act shall
be the payment of premiums for Medicare part B under 42 U.S.C. s.1395r as
provided for in 42 U.S.C. s.1396d(p)(3)(A)(ii).

���� j.���� In the case of a
qualified individual pursuant to 42 U.S.C. s.1396a(aa), the only medical
assistance provided under this act shall be payment for authorized services
provided during the period in which the individual requires treatment for
breast or cervical cancer, in accordance with criteria established by the
commissioner.

���� k.��� In the case of a
qualified individual pursuant to 42 U.S.C. s.1396a(ii), the only medical
assistance provided under this act shall be payment for family planning
services and supplies as described at 42 U.S.C. s.1396d(a)(4)(C), including
medical diagnosis and treatment services that are provided pursuant to a family
planning service in a family planning setting.

(cf: P.L.2023, c.187, s.1)

���� 9.��� Section 3 of P.L.2020,
c.114 (C.27:25-37) is amended to read as follows:

���� 3.��� For the purposes of
P.L.2020, c.114 (C.27:25-35 et seq.):

����
[
"Community
organization" means an organization that provides programs and services to
persons with disabilities.
]

���� "Corporation" means
the New Jersey Transit Corporation.

����
[
"Corporation paratransit
service" means the paratransit service that is managed, administered, or
provided directly through the New Jersey Transit Corporation's operating
budget, as a part of the Access Link program or any successor program to meet
the requirements of the "Americans with Disabilities Act of 1990" (42
U.S.C. s.12101 et seq.), and does not include services directly provided by
county transit agencies.

���� "County transit
agency" means a transportation service organized under or in conjunction
with a county government to provide trips to senior citizens and residents with
disabilities under the "Senior Citizen and Disabled Resident Transportation
Assistance Act," P.L.1983, c.578 (C.27:25-25 et seq.).
]

���� "Department" means,
unless another meaning clearly applies, the� Department of Human Services.

����
"Paratransit brokerage
program" means the program established pursuant to section 2 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill).

���� "Paratransit
provider" means any organization or entity that provides paratransit
services, including State and local transit agencies, directly or through
contract service, and community organizations that provide transportation
trips, either directly or through a third party, funded by the Department of
Human Services or the Division of Vocational Rehabilitation Services within the
Department of Labor and Workforce Development.

���� "Paratransit
service" means and includes any transportation service other than fixed
route transportation service, except that "paratransit service" does
not include private or charter services provided by taxicabs, limousines, or
transportation network companies.

����
"Transportation broker"
means the same as the term is defined in section 1 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill).

(cf: P.L.2020, c.114, s.3)

���� 10.� Section 6 of P.L.2020,
c.114 (C.27:25-40) is amended to read as follows:

���� 6.� a.� There are hereby
established six separate regional paratransit coordinating councils in
furtherance of the purposes of P.L.2020, c.114 (C.27:25-35 et seq.)
and
P.L. ,
c. (C. )
(pending before the Legislature as this bill)
.� The regional paratransit
coordinating councils shall be organized as follows:

���� (1)�� one council shall cover
the counties of Atlantic, Cape May, Cumberland, Gloucester, and Salem;

���� (2)�� one council shall cover
the counties of Burlington, Camden, and Ocean;

���� (3)�� one council shall cover
the counties of Mercer, Middlesex, and Monmouth;

���� (4)�� one council shall cover
the counties of Hunterdon, Sussex, and Warren;

���� (5)�� one council shall cover
the counties of Essex, Morris, Somerset, and Union; and

���� (6)�� one council shall cover
the counties of Bergen, Hudson, and Passaic.

���� b.��� Each regional
paratransit coordinating council shall have the following members:

���� (1)�� one designee of the
Director of the Division of Developmental Disabilities in the Department of
Human Services;

���� (2)�� one designee of the New
Jersey Transit Corporation who works on
[
the
Access Link program or
]

the Senior Citizen and Disabled Resident Transportation Assistance Program;

���� (3)�� one representative of
[
any company or
entity that has contracted with the New Jersey Transit Corporation to provide
Access Link paratransit service within the region
]

the transportation broker
that manages the paratransit brokerage program established pursuant to
P.L. ,
c. (C. )
(pending before the Legislature as this bill)
;

���� (4)�� one representative of
each county office of aging within the respective region to be chosen by the
county executive director or by the board of freeholders, as applicable;

���� (5)�� one representative of
each county transportation agency or other comparable entity within the
respective region that provides paratransit service for a county under the
Senior Citizen and Disabled Resident Transportation Assistance Program;

���� (6)�� one representative from
each county chapter of the Arc of New Jersey, or a successor organization,
within the respective region;

���� (7)�� one individual that
represents one or more members of the Alliance for the Betterment of Citizens
with Disabilities, or a successor organization, within the respective region;

���� (8)�� one representative of
Community Access Unlimited, or a successor organization, within the respective
region;

���� (9)�� one representative of
the New Jersey Association of Community Providers, or a successor organization,
within the respective region;

���� (10) one representative of the
New Jersey Council on Special Transportation, or a successor organization,
within the respective region;

���� (11) one representative of
Easterseals New Jersey, or a successor organization, within the respective
region; and

���� (12) one representative within
the respective region, to be selected by the corporation in consultation with
the department, of providers of transportation services to senior citizens or
to individuals requiring transportation for health care services.

���� c.���� Each agency with an
eligible representative of a regional paratransit coordinating council provided
in subsection b. of this section shall submit information, in a form and manner
determined by the Executive Director of the New Jersey Transit Corporation, to
the executive director not later than 30 days following the enactment of
P.L.2020, c.114 (C.27:25-35 et seq.) and on or before January 1 of each year
thereafter identifying the name and contact information for the person to
represent each respective agency.� The term for each member on the regional
paratransit coordinating council shall be one year provided, however, that any
member may be selected to serve on the council for subsequent terms at the
discretion of the respective agency.� The executive director may appoint one
member of each regional paratransit coordinating council to serve as the chair
of that council.�

���� d.��� Each regional
paratransit coordinating council shall meet not less than quarterly, with the
first meeting happening not less than 60 days following the enactment of
P.L.2020, c.114 (C.27:25-35 et seq.).� The chair, in consultation with the
other members of the council, shall set meeting dates and shall lead the
coordination effort.� The members shall serve without compensation but may be
reimbursed by the� corporation, for reasonable expenses incurred in the
execution of their duties.

���� e.���� The purpose of the
regional paratransit coordinating councils is to exchange best practices among
paratransit providers within the State.� Those best practices shall include but
are not limited to scheduling and routing, fleet maintenance, driver training,
customer communications, safety practices, and improving the customer usability
experience.� The councils are also to establish a system to exchange
information among and between paratransit providers so that: (1) each
paratransit provider may provide basic information to its customers about other
paratransit service options within each respective region; (2) paratransit
providers may
[
eventually
]
share
customer trip requests amongst each other; and (3)
[
a single platform may eventually
be developed that enables a paratransit user to visit a single platform or
place to request a trip, and that trip may be distributed amongst the
paratransit providers in a manner that optimizes State cost and customer experience
]

paratransit
providers may receive training and support to encourage participation in the
paratransit brokerage program
.� The councils shall also exchange budget
information and investigate more efficient means of organizing the
[
New Jersey
Transit Corporation's expenditures for
]

provision of
paratransit services
[
,
use of State casino revenue funds, and appropriations for the division and
department related to paratransit services, for the purpose of coordinating
these three respective funding pools
]

to eliminate any duplicative funding
[
,
]
and to direct
trips and funding to service providers that offer the highest quality service
and overall best value.

���� f.���� The county plans
required under section 6 of P.L.1983, c.578 (C.27:25-30) and any committees or
groups organized to effectuate the purposes of the "Senior Citizen and
Disabled Resident Transportation Assistance Act," P.L.1983, c.578
(C.27:25-25 et seq.) shall be consolidated into the regional paratransit
coordinating councils.� If necessary, county level subcommittees of the
regional paratransit coordinating councils may be established to more
effectively develop county plans; however, following the effective date of
P.L.2020, c.114 (C.27:25-35 et seq.) county plans shall also take into account
the larger regional and Statewide goals of integrating paratransit service and
creating a more cohesive user experience under the
[
pilot program
]

paratransit
brokerage program
established
[
in
P.L.2020, c.114 (C.27:25-35 et seq.)
]

under P.L. ,
c. (C. )
(pending before the Legislature as this bill)
.

���� g.��� The New Jersey Transit
Corporation shall utilize each regional paratransit coordinating council to
disseminate information about the
[
new
Access Link program structure
]

paratransit brokerage program
developed pursuant to
[
section 4 of
P.L.2020, c.114 (C.27:25-38)
]

P.L. ,
c. (C. )
(pending before the Legislature as this bill)
and coordinate with the
council in
[
determining
the operating standards required for
]

helping
paratransit providers to compete to
[
provide Access Link trips and
when developing the system for paying paratransit providers to provide regular
and routine trips requested through the Access Link program
]

fulfill
requests for paratransit service under the paratransit brokerage program
.

���� h.���
[
The regional
paratransit coordinating councils shall also advise other paratransit providers
in each region and develop support materials to assist other paratransit
providers in adopting and implementing the best practices training package
developed under phase three of the pilot program established pursuant to
paragraph (1) of subsection d. of section 5 of P.L.2020, c.114 (C.27:25-39).
]

(Deleted
by amendment, P.L. , c. )
(pending before the Legislature as this bill)

(cf: P.L.2020, c.114, s.6)

���� 11.� Section 2 of P.L.2016,
c.25 (C.27:25-5c) is amended to read as follows:

���� 2.� a.�
[
The
]

Before the
implementation of the paratransit brokerage program established pursuant to
P.L. ,
c. (C. )
(pending before the Legislature as this bill), the
corporation shall
designate an Access Link Customer Service Group to receive and act upon
complaints from passengers with disabilities regarding Access Link service.�
The corporation shall provide for the establishment of procedures and methods
by which such complaints shall be received, processed, and acted upon and for
their resolution and settlement.� The Access Link Customer Service Group shall,
within 21 business days of the receipt of a complaint, respond in writing as to
the disposition or status of the complaint.� Any person who has not received a
written response to a complaint within 21 business days may petition the New
Jersey Transit General Manager of ADA Services for a hearing upon that
complaint, under rules promulgated by the general manager for the hearing and
disposition of such matters.�
[
As
used in this section, "Access Link" means the paratransit service
implemented by the corporation for purposes of complying with the
"Americans with Disabilities Act of 1990," Pub.L.101-336 (42
U.S.C.s.12101 et seq.).
]

���� b.��� The corporation shall
provide to each person using Access Link, at the time the person is determined
to be qualified for Access Link service and at least once in each calendar year
thereafter in which the person remains a user, information as to the procedure
to be followed in making and pursuing complaints to the Access Link Customer
Service Group or the New Jersey Transit General Manager of ADA Services
pursuant to this section.� The direct telephone number for the Access Link
Customer Service Group shall be prominently displayed in all Access Link
vehicles.

���� c.���� The New Jersey Transit
General Manager of ADA Services shall report annually to the board, summarizing
the Access Link Customer Service Group's activities for the preceding year,
including the number of complaints received, the nature of the complaints, and
the resolution of the complaints and setting forth any recommendations for
changes which would improve transportation services for passengers with
disabilities.� The New Jersey Transit General Manager of ADA Services shall
make a copy of the report publicly available on the corporation's website.

����
d.��� Notwithstanding any
provision of this section to the contrary, after the implementation of the
paratransit brokerage program established pursuant to
P.L. ,
c. (C. )
(pending before the Legislature as this bill), the transportation broker shall
receive and act upon complaints from paratransit service passengers in
accordance with the provisions of P.L. ,
c. (C. )
(pending before the Legislature as this bill), as well as any rules and
regulations adopted thereunder.

����
e.���� As used in this
section:

����
�Access Link� means the
paratransit service implemented by the corporation, before the implementation
of the paratransit brokerage program, for purposes of complying with the
"Americans with Disabilities Act of 1990," Pub.L.101-336 (42 U.S.C.s.12101
et seq.).

����
�Transportation broker�
means the same as the term is defined in section 1 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill).

(cf: P.L.2016, c.25, s.2)

���� 12.� Section 1 of P.L.2020,
c.62 (C.27:25-5d) is amended to read as follows:

���� 1.� a.�
[
The
]

(1) Before
the implementation of the paratransit brokerage program established pursuant to
P.L. ,
c. (C. )
(pending before the Legislature as this bill), the
New Jersey Transit
Corporation shall operate, or cause to be operated, its Access Link service in
an area of the State under a state of emergency if the New Jersey Transit
General Manager of ADA Services determines, in consultation with the Director
of the State Office of Emergency Management, that Access Link service in that
area may be safely provided without undue risk of harm to drivers and persons
using the service.

����
(2)�� After the
implementation of the paratransit brokerage program established pursuant to P.L. ,
c. (C. )
(pending before the Legislature as this bill), the transportation broker shall
cause to be operated ADA paratransit service in an area of the State under a
state of emergency if the Commissioner of Transportation determines, in
consultation with the Director of the State Office of Emergency Management,
that such service may be safely provided in that area without undue risk of
harm to drivers and persons using the service.

���� b.��� As used in this section:

���� "Access Link" shall
have the same meaning as provided in section 2 of P.L.2016, c.25 (C.27:25-5c)
[
; and
]

.

����
"ADA paratransit
service" means the same as the term is defined in section 1 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill).

���� "State of emergency"
means a natural or man-made disaster or emergency for which a state of
emergency has been declared by the Governor.

����
"Transportation broker"
means the same as the term is defined in section 1 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill).

(cf: P.L.2020, c.62, s.1)

���� 13.� Section 3 of P.L.1983,
c.578 (C.27:25-27) is amended to read as follows:

���� 3.��� As used in
[
this act
]

P.L.1983,
c.578 (C.27:25-25 et seq.)
:

���� a.���� "Corporation"�
means the New Jersey Transit Corporation.

���� b.��� "Board"� means
Board of Directors of the New Jersey Transit Corporation.

���� c.���� "Eligible
counties"� means counties submitting a proposal meeting the program
guidelines.

���� d.��� "New Jersey Special
Services Citizen Advisory Committee"� means a committee representing
advocacy groups from senior citizens and the disabled and other interested
parties appointed by the Executive Director of
the
New Jersey Transit
Corporation
.

���� e.���� "Accessible"�
means a service that can be used by all individuals
,
including those who
cannot negotiate steps or who can negotiate steps with great difficulty.

���� f.���� "Disabled"�
means any individual who, by reason of illness, injury, age, congenital
malfunction, or other permanent or temporary incapacity or disability, is
unable without special facilities or special planning on design to utilize mass
transportation facilities and services as effectively as persons who are not so
affected.

���� g.��� "Geographic
region"� means one of the following regions of the State: the southern
region encompassing the counties of Atlantic, Burlington, Camden, Cape May,
Cumberland, Gloucester, and Salem;� the central region encompassing the
counties of Hunterdon, Mercer, Middlesex, Monmouth, Ocean and Somerset; and the
northern region encompassing those counties remaining in the State.

����
h.��� "Paratransit
brokerage program" means the program established pursuant to section 2 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill).

����
i.���� "Paratransit
service" means any transportation service other than fixed route
transportation service, except not including private or charter services
provided by taxicabs, limousines, or transportation network companies.

(cf: P.L.1983, c.578, s.3)

���� 14.� Section 4 of P.L.1983,
c.578 (C.27:25-28) is amended to read as follows:

���� 4.� a.� The board shall
establish and administer a program to be known as "The Senior Citizen and
Disabled Resident Transportation Assistance Program" for the following
purposes:

���� (1)� To assist counties to
develop and provide accessible feeder transportation service to accessible
fixed-route transportation services where such services are available, and
accessible local transit service to senior citizens and the disabled, which may
include but not be limited to
[
door-to-door
]

paratransit

service, fixed route service, local fare subsidy, and user-side subsidy, which
may include but not be limited to private ride or taxi fare subsidy; and to
coordinate the activities of the various participants in this program in
providing the services to be rendered at the county level and between counties;
and

���� (2)� To enable the corporation
to develop, provide and maintain capital improvements that afford accessibility
to fixed route and other transit services in order to make rail cars, rail
stations, bus shelters and other bus equipment accessible to senior citizens
and the disabled; to render technical information and assistance to counties
eligible for assistance under this act; and to coordinate the program within
and among counties.

���� b.��� In the State fiscal year
beginning July 1 following the effective date of P.L.2009, c.261 and in each
fiscal year thereafter, there shall be appropriated to the corporation from the
revenues deposited in the Casino Revenue Fund established pursuant to section
145 of P.L.1977, c.110 (C.5:12-145) a sum equal to 8.5 percent of the revenues
deposited in the fund during the preceding fiscal year, as determined by the
State Treasurer, to effectuate the purposes and provisions of P.L.1983, c.578
(C.27:25-25 et seq.).�
If the paratransit brokerage program is expanded,
pursuant to subsection d. of section 2 of P.L. ,
c. (C. )
(pending before the Legislature as this bill), to include the provision of any
paratransit services otherwise provided by counties under P.L.1983, c.578
(C.27:25-25 et seq.), the corporation shall be responsible for defraying all
costs associated with the provision of these services under the program, which
costs shall be paid from the monies deposited into the Casino Revenue Fund pursuant
to this subsection, and which monies shall be transferred to the Department of
Transportation in accordance with the provisions of subsection e. of section 2
of P.L. ,
c. (C. )
(pending before the Legislature as this bill).

���� Notwithstanding the provisions
of any other law, rule, or regulation to the contrary, for the State Fiscal
Years 2022, 2023, and 2024, appropriations to the corporation from the revenues
deposited in the Casino Revenue Fund or the Property Tax Relief Fund, as
appropriate, shall be given priority to ensure that the corporation receives an
amount equal to 8.5 percent of the sum of the revenues deposited in the Casino
Revenue Fund during the preceding fiscal year, adding back any reductions in
revenues during the preceding fiscal year that directly resulted from the
temporary credit allowable under section 1 of P.L.2021, c.314 or the temporary
deduction allowable under section 3 of the P.L.2021, c.314, as determined by
the State Treasurer, to effectuate the purposes and provisions of P.L.1983,
c.578 (C.27:25-25 et seq.).

(cf: P.L.2021, c.314, s.6)

���� 15.� Section 7 of P.L.1983,
c.578 (C.27:25-31) is amended to read as follows:

���� 7.� a.�
[
Moneys
]

Except for
any monies that may be transferred to the Department of Transportation pursuant
to subsection e. of section 2 of P.L. ,
c. (C. )
(pending before the Legislature as this bill), monies
under this program
shall be allocated by the corporation in the following manner:

���� (1)��
[
85%
]

85 percent

shall be available to be allocated to eligible counties for the purposes
specified under paragraph (1) of subsection a. of section 4 of
[
this act.
]

P.L.1983,
c.578 (C.27:25-28); and

���� (2)��
[
15%
]

15 percent

shall be available for use by the corporation for the purposes specified under
paragraph (2) of subsection a. of section 4 of
[
this act
]

P.L.1983,
c.578 (C.27:25-28)
and for the general administration of the program, but
no more than
[
10%
]

10 percent

of the total moneys allocated under this program shall be used for the general
administration of the program.

���� b.��� The amount of money
which each eligible county may receive shall be based upon the number of
persons resident in that county of 60 years of age or older expressed as a
percentage of the whole number of persons resident in this State of 60 years or
older, as provided by the U.S. Bureau of the Census.� As similar data become
available for the disabled population, such data shall be used in conjunction
with the senior citizen data to determine the county allocation formula.� No
eligible county shall receive less than
[
$150,000.00
]

$150,000

during a fiscal year under this program, except that during the first fiscal
year no county shall receive less than
[
$50,000.00
]

$50,000

nor more than
[
$150,000.00
]

$150,000
.

���� c.���� The governing body of
an eligible county, or a group or groups designated as an applicant or as
applicants by the county after a public hearing in which senior citizens and
the disabled shall have the opportunity to comment on the appropriateness of
such designation, may make application to the board for moneys available under
subsection b. of this section.� The application shall be in the form of a
proposal to the board for transportation assistance and shall specify the
degree to which the proposal meets the purposes of the program under paragraph
(1) of subsection a. of section 4 of
[
this
act
]

P.L.1983,
c.578 (C.27:25-28)
and the implementation criteria under the program
guidelines and the proposal shall have been considered at a public hearing.�
The board shall allocate moneys based upon a review of the merits of the
proposals in meeting the purposes of the program, and the implementation
criteria, under the program guidelines.� The governing body of an eligible
county shall schedule a public hearing annually for interested parties to
provide the governing body with any facts, materials, or recommendations that
would be of assistance regarding the efficacy of the program established under
paragraph (1) of subsection a. of section 4
[
this
act
]

P.L.1983,
c.578 (C.27:25-28)
.

(cf: P.L.2009, c.261, s.2)

���� 16.� Section 2 of P.L.1987,
c.455 (C.34:16-52) is amended to read as follows:

���� 2.��� As used in
[
this act:

���� a.���� "Division"
means the Division of Vocational Rehabilitation Services in the Department of
Labor and Workforce Development.

���� b.
]�
P.L.1987, c.455 (C.34:16-51
et seq.):
�

���� "Citizen with a
disability" means any individual who, by reason of illness, injury, age,
congenital condition, or other permanent or temporary incapacity or disability,
is unable without special facilities or special planning or design to utilize
mass transportation facilities and services as effectively as persons who are
not so affected.

����
[
c.
]
�
"Division" means
the Division of Vocational Rehabilitation Services in the Department of Labor
and Workforce Development.

���� "Paratransit" means
and includes any service, other than motorbus regular route service and charter
services, including, but not limited to, dial-a-ride, nonregular route, jitney
or community minibus, and shared-ride services such as vanpools, limousines, or
taxicabs which are regularly available to the public. Paratransit shall not
include limousine or taxicab service reserved for the private and exclusive use
of individual passengers.

����
[
d.
]

"Paratransit brokerage
program" means the program established pursuant to section 2 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill).

���� "Public
transportation" means all rail passenger service operated by the New
Jersey Transit Corporation, and all motorbus regular route service operated
pursuant to P.L.1979, c.150 (C.27:25-1 et seq.) or operated pursuant to
R.S.48:4-3.

����
[
e.
]
� "Sheltered (extended)
employment programs" means those programs established pursuant to
regulations adopted pursuant to section 8 of P.L.1955, c.64 (C.34:16-27).

����
[
f.
]
� "Sheltered workshop"
means a facility possessing a valid certificate to vend services to the
division issued by the director thereof, in compliance with the rules and
regulations governing vocational rehabilitation facilities.

(cf: P.L.2017, c.131, s.144)

���� 17.� Section 3 of P.L.1987,
c.455 (C.34:16-53) is amended to read as follows:

���� 3.���
a.
� The
Commissioner of Labor and Workforce Development is directed to establish and
implement within 120 days of the effective date of
[
this act
]

P.L.1987,
c.455 (C.34:16-51 et seq.)
a program to be administered by the division to
defray the public transportation or paratransit expenses of citizens with
disabilities enrolled in sheltered (extended) employment programs at sheltered
workshops.� The program may provide for the defraying of these expenses by the
purchase of bus cards or other appropriate methods as prescribed by the
commissioner.

����
b.��� Notwithstanding any
provision of this section to the contrary, if the paratransit brokerage program
is expanded, pursuant to subsection d. of section 2 of P.L. ,
c. (C. ) (pending
before the Legislature as this bill), to include the provision of any
paratransit services otherwise provided under this section, the department
shall be responsible for defraying all costs associated with the provision of
these services under the program, which monies shall be transferred to the
Department of Transportation in accordance the provisions of subsection e. of
section 2 of P.L. ,
c. (C. ) (pending
before the Legislature as this bill).

(cf: P.L.2017, c.131, s.145)

���� 18.� Section 2 of P.L.1973,
c.126 (C.27:1A-65) is amended to read as follows:

���� 2.��� For the purposes of
P.L.1973, c.126 (C.27:1A-64 et seq.), unless the context clearly indicates
otherwise:

����
[
"Access Link service"
means the paratransit service implemented by the New Jersey Transit Corporation
for the purposes of complying with the "Americans with Disabilities Act of
1990," Pub.L.101-336 (42 U.S.C. s.12101 et seq.)
]

�ADA paratransit service�
means the same as the term is defined in section 1 of
P.L. ,
c. (C. )
(pending before the Legislature as this bill)
.

���� "Carrier" means any
individual, copartnership, association, corporation, joint stock company,
public agency, trustee, or receiver operating motor buses or rail passenger
service on established routes within this State or between points in this State
and points in adjacent states.

���� "Commissioner" means
the Commissioner of Transportation; provided, however, that the commissioner
may delegate any of the commissioner's powers or duties under P.L.1973, c.126
(C.27:1A-64 et seq.) to any subordinate division, agency, or employee of the
Department of Transportation or to the New Jersey Transit Corporation.

���� "Disabled veteran"
means "disabled veteran" as defined in N.J.S.11A:5-1.

���� "Motor bus" means
"autobus" as defined in R.S.48:4-1, and includes those autobuses,
commonly called jitneys, as defined in R.S.48:16-23.

���� "Offpeak times"
means the hours from 9:30 a.m. to 4 p.m. and from 7 p.m. to 6 a.m. during the
weekdays, and all day on Saturdays, Sundays, and holidays.

���� "Person with
disabilities" means any individual who, by reason of illness, injury, age,
congenital malfunction, or other permanent or temporary incapacity or
disability, is unable without special facilities or special planning or design
to utilize mass transportation facilities and services as effectively as
persons who are not so affected.� A "person with disabilities" shall
include a person determined by the New Jersey Transit Corporation to be
eligible for
[
its
Access Link
]

ADA paratransit
service.

���� "Senior citizen"
means any individual 62 years of age or over.

(cf: P.L.2020, c.155, s.1)

���� 19.� Section 4 of P.L.1973,
c.126 (C.27:1A-67) is amended to read as follows:

���� 4.��� In establishing this
program, the commissioner shall, after consulting with the Commissioner of
Community Affairs, the Director of the Division of Aging Services in the
Department of Human Services, and the Board of Public Utilities, establish
uniform procedures for:

���� a.���� Determining the
eligibility of persons to receive the reduced fares provided pursuant to
P.L.1973, c.126 (C.27:1A-64 et seq.), which shall include those persons
determined by the New Jersey Transit Corporation to be eligible for
[
its Access
Link
]

ADA
paratransit
service;

���� b.��� Making reduced fares
available to eligible persons; and

���� c.���� Auditing and accounting
to insure that no carrier receives payments in excess of the value of services
actually rendered to senior citizens, persons with disabilities, and disabled
veterans pursuant to P.L.1973, c.126 (C.27:1A-64 et seq.).

(cf: P.L.2020, c.64, s.2)

���� 20.� Section 8 of P.L.1973,
c.126 (C.27:1A-71) is amended to read as follows:

���� 8.��� The commissioner is
hereby authorized to hire, employ, or assign secretarial, clerical, and other
personnel as shall be required for complying with the provisions of P.L.1973,
c.126 (C.27:1A-64 et seq.).� The commissioner� shall also expend a reasonable sum,
not to exceed $50,000 annually, for advertising to make senior citizens,
persons with disabilities, and disabled veterans aware of the program, the
availability and cost of the reduced fares thereunder, the hours when reduced
fares may be used, the public transportation facilities made accessible to
persons with disabilities, and the availability of other transportation
services offered to the public for use by persons with disabilities including
[
Access Link
]

ADA
paratransit
service.

(cf: P.L.2020, c.155, s.2)

���� 21.� Section 2 of P.L.1987,
c.99 (C.27:1A-74) is amended to read as follows:

���� 2.��� The Commissioner of
Transportation shall, after consulting with other relevant departments and
agencies, adopt reasonable regulations necessary to carry out the purposes of
P.L.1987, c.99 (C.27:1A-73 et seq.) pursuant to the "Administrative
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The regulations
shall include a procedure by which the commissioner shall:

���� a.���� issue an identification
card , upon certification of a physician or upon certification of another
person as prescribed by the commissioner, that a person with disabilities
requires the assistance of a travel attendant in order to use public
transportation; and

���� b.��� automatically issue an
identification card to a person determined by the New Jersey Transit
Corporation, after the effective date of P.L.2020, c.64, to be eligible for
[
its Access
Link
]

ADA
paratransit
service at the time of that determination.� For a person
determined eligible for
[
Access
Link
]

ADA
paratransit
service prior to the effective date of P.L.2020, c.64, the
commissioner shall issue an identification card within 60 days after the
effective date of P.L.2020, c.64 or immediately upon request of the eligible
person, whichever shall be earlier.

(cf: P.L.2020, c.64, s.3)

���� 22.� The following sections
are repealed:

Section 4 of P.L.2020, c.114
(C.27:25-38);

Section 5 of P.L.2020, c.114
(C.27:25-39); and

Section 7 of P.L.2020, c.114
(C.27:25-41).

���� 23.� Notwithstanding the
repeal of section 5 of P.L.2020, c.114 (C.27:25-39), the repeal shall not
eliminate or reduce any obligations of the New Jersey Transit Corporation with
respect to the contract entered into with a qualified community organization to
develop a paratransit best practices training module, except that the repeal
shall cancel all responsibilities of the organization under the contract to
develop the training module.

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

STATEMENT

���� This bill requires the
Department of Transportation (DOT) to oversee the implementation of a
paratransit brokerage program, through which the provision of certain forms of
paratransit service would be managed by a transportation broker and made
available through an interactive brokerage software.

���� Under current law, the State
is required to provide various forms of paratransit service, including: (1) ADA
paratransit service, which is currently administered by the New Jersey Transit
Corporation (NJ Transit) under the Access Link program, which service is
required under the federal �Americans with Disabilities Act of 1990�; and (2)
Medicaid paratransit service, which is currently administered by the Department
of Human Services (DHS), through a contracted broker, under the State Medicaid
program, which service is required under Title XIX of the federal �Social
Security Act.��

���� Under the bill, the provision
of these paratransit services would be consolidated into one paratransit
brokerage program overseen by the DOT.� Specifically, the paratransit brokerage
program would be managed by a transportation broker contracted by the DOT and
facilitated through the use of an interactive brokerage software, which would
allow eligible persons to schedule requests for service and allow participating
providers to competitively bid to fulfill these requests.� Importantly, this
brokerage model is intended to achieve cost savings and operational
efficiencies in the provision of paratransit service, which efficiencies are
not achievable under the current, fragmented service models.

���� In managing the paratransit
brokerage program, the bill requires the transportation broker to assume the
following responsibilities: (1) maintaining a paratransit provider network for
ADA paratransit service and Medicaid transportation service, respectively, with
sufficient capacity to provide all required forms of paratransit service within
all applicable service areas in the State; (2) ensuring that each provider of
ADA paratransit service and Medicaid paratransit service is qualified to
provide the service and complies with all applicable provisions of law or
regulation; (3) ensuring that each recipient of ADA paratransit service and
Medicaid paratransit service is eligible to receive the service; (4)
compensating each paratransit provider that operates in the program; (5)
receiving and acting upon passenger complaints; and (6) divesting from any
ownership stake or equity interest in any entity or organization that operates
as a paratransit provider under the program.

���� The bill also requires the DOT
and DHS to develop separate standards concerning the provision of ADA
paratransit service and Medicaid paratransit service, respectively, under the
program.� At a minimum, these standards would be required to prescribe minimum
functionality requirements for interactive brokerage software to ensure that
the provision of ADA paratransit service and Medicaid paratransit service,
respectively, complies with all applicable requirements of law.��

���� Thereafter, the bill requires
the DOT, in consultation with DHS and NJ Transit, to issue a request for
proposal (RFP) and enter into a contract for the development of the interactive
brokerage software.� After this software has been developed, the bill also
requires the DOT, in consultation with DHS and NJ Transit, to issue an RFP and
enter into a contract for the procurement of the transportation broker.� In
each case, the contractor selected by the DOT would be required to demonstrate
experience in the development of a similar software platform or the administration
of a similar brokerage program.

���� Immediately after the
paratransit brokerage program has been implemented, the program would be
limited to the provision of ADA paratransit service and Medicaid transportation
service by paratransit providers other than county transit agencies and community
organizations.� However, within two years following the implementation of the
program, and every five years thereafter, the DOT would be required to conduct
a study to assess whether the program should be expanded to incorporate other
forms of paratransit service or to allow county transit agencies and community
organizations to operate as paratransit providers.� Thereafter, the bill
provides that the program could be expanded, subject to the determinations of
this study and the adoption of rules and regulations effectuating such
expansion.

���� Under the bill, the
operational and administrative costs of the paratransit brokerage program would
be defrayed by proportionate funding from the DHS and NJ Transit, with DHS
responsible for the costs of Medicaid paratransit service and NJ Transit responsible
for the costs of ADA paratransit service.� In each case, the bill requires
these monies to be transferred to the DOT and paid to the transportation
broker.� Using these monies, the transportation broker would be required to
compensate the paratransit providers operating in the program, which
compensation would be based exclusively on the requests for paratransit service
that have been fulfilled by the provider.� Of the remaining funds, the bill
permits the transportation broker to retain such amounts as may be prescribed
in the transportation brokerage contract to support the costs of managing the
program.

���� The bill would also amend and
repeal various sections of statutory law to reflect the creation of the
paratransit brokerage program and to allow for the possibility of program
expansion.� Specifically, the bill would repeal several sections of the �Paratransit
Services Improvement Act,� P.L.2020, c.114 (C.27:25-35 et seq.), which sections
set forth an alternative process for integrating the provision of certain
paratransit services.� However, the bill would amend this law to clarify that
the Regional Paratransit Coordinating Councils would also be responsible for
encouraging participation in the program.