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S2980 1R
[First Reprint]
SENATE, No. 2980
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
Co-Sponsored by:
Senators Cruz-Perez, Ruiz, Turner, Singleton, Cryan,
Greenstein, Zwicker, Mukherji, Burgess and Diegnan
SYNOPSIS
���� Revises reporting requirements for nursing homes
concerning financial disclosures and ownership structure.
CURRENT VERSION OF TEXT
���� As reported by the Senate Health, Human Services and
Senior Citizens Committee on March 16, 2026, with amendments.
��
An Act
concerning nursing home, amending P.L.2021, c.95, amending and supplementing
P.L.1977, c.237, and supplementing P.L.2021, c.457 (C.26:2H-46.1 et seq.).
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
����� 1.�� Section
2 of P.L.2021, c.95 (C.26:2H-7.25) is amended to read as follows:
����� 2.�� a.�
Prior to transferring ownership of a nursing home, the prospective new owner
shall submit an application to the Department of Health that meets the
requirements of section 3 of this act.� The application shall include the
following items:
����� (1)� the
transfer of ownership fee established by the department;
����� (2)� a
cover letter stating the applicant's intent to purchase
or acquire
the
nursing home, and identification of the nursing home by name, address, county,
and number and type of licensed beds;
����� (3)� a
description of the proposed transaction, including:
����� (a)� identification
of
100 percent of
the current owners of the nursing home;
����� (b)� identification
of 100 percent of the proposed new owners, including the names and addresses of
all principals and interested parties; and
����� (c)�
[
if applicable,
]
a copy of
[
an
]
the applicant�s
organizational chart,
[
including
]
which
shall include
parent
[
corporations and
]
entities,
wholly-owned subsidiaries
[
;
]
, and related parties; and
unrelated parties that will or are expected to
provide a service, a facility, or supplies to the nursing home and that will or
are expected to be paid more than $200,000 by the nursing home in the coming
year
; and
����� (4)� a
copy of the agreement of sale and, if applicable, a copy of any lease
agreements
for real property
and
any
management agreements.
�����
[
The applicant may additionally submit a summary of
the application materials that includes such details concerning the application
as are required by the department, but that omits any proprietary information
in the contracts for the sale or management of the nursing home, and any home
addresses, social security numbers, or other personal information of any
proposed owner, principal, or interested party.� A summary prepared by the
applicant may only be used for the purposes of posting information concerning
the application on the department's Internet website pursuant to paragraph (1)
of subsection d. of this section.
]
����� b.��
[
Information submitted pursuant to subsection a. of
this section or subsection a. of section 3 of this act by an applicant for
transfer of ownership of a nursing home shall not be used in any adverse
licensure action or disciplinary action against the applicant.
]
(deleted by amendment, P.L.��� , c.��� )
(pending before the Legislature as this bill)
����� c.�� Approval
of a transfer of ownership of a nursing home is contingent upon:
����� (1)� a
review of the applicant's history of disciplinary actions assessed in
connection with any other facility owned, operated, or managed by the proposed
owners and principals
both
in New Jersey
and in any other
jurisdiction
, and a determination based on that review that approval of the
transfer of ownership will not present a material risk to the health, safety,
or welfare of residents of the nursing home that is the subject of the transfer
application; and
����� (2)� payment
of all outstanding and issued Medicaid audit claims
, Medicaid overpayments,
and
[
State
]
State-issued
penalties
[
issued by the department
]
against the current owner, unless such claims
remain under appeal, in which case, if the claim remains under appeal, the
applicant shall submit written verification that either the applicant or the
current owners of the nursing home will assume responsibility for payment of
any
such
[
audit
]
Medicaid
recoveries and
[
State
]
State-issued
penalties at the conclusion of
the appeal.
�����
(3)
In the event that any Medicaid overpayments are identified after the transfer
of ownership occurs, the prior owner and the new owner shall submit an
affidavit to the department and to the State Comptroller identifying the
responsible party for the Medicaid overpayments.
����� d.�� (1)�
[
A
]
�
The department shall post on its Internet
website no later than 30 days after the date the department receives the
application:
�����
(a)� a
copy of each transfer of ownership application
[
, or a summary of the application prepared by the
applicant that includes the names of the proposed owners, principals, and
interested parties
]
[
, shall be
published on the department's Internet website no later than 30 days after the
date the department receives the application
]
; provided that the department shall redact the
materials to the extent necessary to ensure that no proprietary information in
the contracts for the sale or management of the nursing home, and no home
addresses, social security numbers, or other personal information of any
proposed owner, principal, or interested party, is included in the materials
published on the department's Internet website
; and
�����
(b)� a
copy of the applicant�s organizational chart submitted pursuant to subparagraph
(c) of paragraph (3) of subsection a. of this section
.
����� (2)� Each
application for the transfer of ownership of a nursing home shall be subject to
a public comment period that shall commence not less than 30 days after the
date the application is received by the department, and which comment period
shall remain open for a period of not less than 30 days.� The department shall
establish a procedure for acknowledging receipt of public comments submitted.�
The text of comments submitted on a transfer of ownership application shall not
be published on the department's Internet website, but shall be considered a
government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) or P.L.2001,
c.404 (C.47:1A-5 et al.).
����� e.�� The
Department shall complete review of any transfer of ownership application
submitted pursuant to subsection a. of this section no later than 120 days
after the date the application is received. If a transfer of ownership
application has been reviewed and deemed acceptable, the department shall send
an approval letter to the applicant.
����� f.��� Within
five days after the transaction has been completed, the applicant shall submit
to the department certification of closing from an attorney or a notarized
letter from the applicant stating the date on which the transaction occurred,
along with an executed bill of sale or assignment.� To facilitate the timely
transfer of Medicare and Medicaid provider numbers, the department shall issue
the new license to the applicant no later than 30 days after the date the
notice is received by the department.
����� g.�� No
nursing home may delegate substantial management control of the nursing home's
operations to a third party entity without providing prior written notice to
the department.� The notice provided by the owners of the facility to the
department shall include:
����� (1)� a
copy of the management agreement;
����� (2)� an
organizational chart of the third party entity's proposed management team for
the nursing home
as well as all parent entities,
wholly-owned subsidiaries,
and related parties; and unrelated parties to the third party entity that will
or are expected to provide a service, a facility, or supplies to the nursing
home in the coming year and that will or are expected to be paid more than
$200,000 by the nursing home in the coming year
;
����� (3)� the
names and addresses of all owners, principals, and interested parties of the
third party entity; and
����� (4)� a
list of any other licensed health care facilities owned, operated, or managed
by the third party entity in any state or territory of the United States or in
the District of Columbia for the preceding three years, along with
[
owner-certified
]
owner-certified
financial
[
statements
]
statements
for each such facility for the last three years during which the facility was
owned, operated, or managed by the third party entity.� If the third party
entity owned, operated, or managed facilities located outside New Jersey in the
preceding three years, the application shall include disclosures by the third
party entity of any enforcement actions imposed during that period of time
against any facility owned, operated, or managed by the third party entity in
any jurisdiction.
����� h.�� (1)�
Upon request by the Commissioner of Health and subject to the provisions of
P.L.1968, c.266 (C.52:9M-1 et seq.), the State Commission of Investigation
shall undertake an investigation of one or more nursing homes in the State or
the entities owning, operating, or managing one or more nursing homes in the
State, provided that, if the commission determines that the request for an
investigation from Commissioner of Health exceeds the commission's capacity to
perform such investigations, the commission may advise the Commissioner of
Health as to any requests upon which it finds itself unable to proceed.� The
State Commission of Investigation may, at any time, submit to the Governor, the
Commissioners of Health and Human Services, and, pursuant to section 2 of
P.L.1991, c.164 (C.52:14-19.1), the Legislature, recommendations for
administrative or legislative action to improve oversight and transparency in
nursing homes.
����� (2)� The
State Auditor shall undertake a review of the oversight of nursing homes by the
Department of Health and the Department of Human Services at least once every
three years, with particular focus on compliance with federal inspection
requirements, responses to complaints and response times in reviewing
complaints, and actions taken to follow up on violations affecting the health,
safety, or welfare of residents.
����� i.��� As
used in sections 2 through 4 of this act:
�����
�Immediate
family member� means a spouse, natural parent, child, sibling, first cousin,
aunt, uncle, adopted child, adoptive parent, stepparent, stepchild, stepsister,
stepbrother, father-in-law, mother-in-law, sister-in-law, brother-in-law,
son-in-law, daughter-in-law, grandparent, and grandchild.
����� "Interested
party" means any individual or entity with an interest of one percent or
more but less than five percent in an applicant to receive a transfer of
ownership of a nursing home or the land or other real property on which a
nursing home is located.
����� "Principal"
means any individual or entity with an interest of five percent or more in an
applicant to receive a transfer of ownership of a nursing home or the land or
real property on which a nursing home is located.
�����
�Related
party� means an organization that, either directly or through contracts with a
third party entity exercising substantial management control over the nursing
home, will or is expected to provide a service, facility, land or other real
property, or supplies to a nursing home that is the subject of a transfer of
ownership application, or that, either directly or through contracts with a
third party entity exercising substantial management control over the nursing
home, will or is expected to otherwise do business with a nursing home that is
the subject of a transfer of ownership application:� in which organization the
nursing home, or any proposed owner or principal of the nursing home, or a
third party entity to which substantial management control over the nursing
home is to be delegated or any owner or principal of the third party entity,
has an ownership or control interest of five percent or more; which is an
organization in which an immediate family member of an owner or principal of
the applicant for transfer of ownership of the nursing home, or an immediate
family member of an owner or principal of a third party entity to which
substantial management control over the nursing home is to be delegated, is an
owner or principal; or which organization is under common ownership or control
with the applicant or third party entity, as defined in 42 CFR s.413.17(b).�
�Related party� may include, but shall not be limited to:� home offices;
management organizations; owners of real estate; entities that provide
staffing, therapy, pharmaceutical, marketing, administrative management,
consulting, and insurance services; providers of supplies and equipment;
financial advisors and consultants; banking and financial entities; and all
parent companies, holding companies, and sister organizations.
�����
�Substantial
management control� means the authority to direct the operation and
administration of a nursing home, including, but not limited to, exercising control
or authority over resident admissions, room assignments, number of beds, staff
hiring, staff scheduling, staff assignments, personnel issues, billing,
purchasing, managing vendor contracts, establishing and enforcing operational
protocols and procedures, resident safety, infection control, communicating
with and reporting to governmental and other entities, and ensuring compliance
with State and federal requirements concerning the operation of the nursing home;
provided that more than one entity may exercise authority that constitutes
substantial management control.� Regulations adopted pursuant to section 8 of
P.L.��� , c. ���(C.������ ) (pending before the Legislature as this bill) may
identify additional activities that constitute indicia of substantial
management control.
(cf:
P.L.2021, c.95, s.2)
����� 2.�� Section
1 of P.L.1977, c.237 (C.26:2H-32) is amended to read as follows:
����� 1.�� The
following words or phrases, as used in P.L.1977, c.237 (C.26:2H-32 et seq.),
shall have the following meanings, unless the context otherwise requires:
����� a.�� "Nursing
home" means
[
a facility providing therein nursing care to persons
who are sick, invalid, convalescing, or who have disabilities, in addition to
providing lodging and board or health-related service, or any combination of
the foregoing and in addition thereto, providing nursing care and
health-related service, or either of them, to persons who are not occupants of
the facility
]
the same
as is provided in section 1 of P.L.1975, c.397 (C.26:2H-29)
.
����� b.�� "Affiliate"
means (1) with respect to a partnership, each partner thereof; (2) with respect
to a corporation, each officer, director, principal
[
stockholder
]
shareholder
, or controlling person thereof;
(3) with respect to a natural person, (a) each member of said person's
immediate family, (b) each partnership and each partner thereof of which said
person or any affiliate of said person is a partner,
[
and
]
(c) each corporation in which said person or any
affiliate of said person is an officer, director, principal
[
stockholder
]
shareholder
, or controlling person
,
and (d) each limited liability company in which said person
or any affiliate of said person is a member
; and (4) with respect to a limited liability
company, each member thereof
.
����� c.�� "Controlling
person" of any corporation, partnership,
limited liability company,
or other entity means any person who has the ability, directly or indirectly,
to direct or cause the direction of the management or policies of said
corporation, partnership,
limited liability company,
or other entity.
����� d.�� "Immediate
family
member
"
[
of any person
includes
]
means
[
each
]
a spouse,
natural
parent, child,
[
spouse,
brother, sister,
]
sibling,
first cousin, aunt
[
and
]
,
uncle
[
of such person, whether such relationship arises by
birth, marriage or adoption, as well as the person's domestic partner or
partner in civil union of that person as defined in section 3 of P.L.2003,
c.246 (C.26:8A-3) or section 2 of P.L.2006, c.103, (C.37:1-29) and the
partner's parent and adult child
]
adoptive
sibling, adoptive parent, stepparent, stepchild, stepsister, stepbrother,
father-in-law, mother-in-law, sister-in-law, brother-in-law, son-in-law,
daughter-in-law, grandparent, and grandchild
.
����� e.�� "Principal
[
stockholder
]
shareholder
" of a corporation means any
person who beneficially owns, holds or has the power to vote,
[
10%
]
five percent
or more of any class of
securities issued by said corporation.
�����
f.��� "Interested
party" means any individual or entity with an interest of one percent or
more but less than five percent in a nursing home or the land or other real
property on which a nursing home is located.
�����
g.�� �Principal�
means any individual or entity with an interest of five percent or more in a
licensed nursing home or the land or real property on which a nursing home is
located
.
�����
h.�� �Related
party� means an organization, either directly or through contracts with a third
party entity exercising substantial management control over the nursing home,
providing a service, facility, land or other real property, or supplies to a
nursing home, or otherwise doing business with the nursing home either directly
or through contracts with a third party entity exercising substantial
management control over the nursing home:� in which organization the nursing
home, or any owner or principal of the nursing home, or a third party entity
exercising substantial management control over the nursing home or any owner or
principal of the third party entity, has an ownership or control interest of
five percent or more; which is an organization in which an immediate family
member of an owner or principal of the nursing home, or an immediate family
member of an owner or principal of a third party entity exercising substantial
management control over the nursing home, is an owner or principal; or which organization
is under common ownership or control with the
nursing home or third party entity, as defined in 42 CFR s.413.17(b).� �Related
party� may include, but shall not be limited to:� home offices; management
organizations; owners of real estate; entities that provide staffing, therapy,
pharmaceutical, marketing, administrative management, consulting, and insurance
services; providers of supplies and equipment; financial advisors and
consultants; banking and financial entities; and all parent companies, holding
companies, and sister organizations.
�����
i.��� �Substantial
management control� means the
authority to direct the operation and
administration of a nursing home, including, but not limited to, exercising control
or authority over resident admissions, room assignments, the number of beds,
staff hiring, staff scheduling, staff assignments,
personnel issues, billing, purchasing, managing vendor contracts, establishing
and enforcing operational protocols and procedures, resident safety, infection
control, communicating with and reporting to governmental and other entities,
and ensuring compliance with State and federal requirements concerning the
operation of the nursing home; provided that more than one entity may exercise
authority that constitutes substantial management control.� Regulations adopted
pursuant to section 8 of P.L.��� , c.� ��(C.������ ) (pending before the
Legislature as this bill) may identify additional activities that constitute
indicia of substantial management control.
�����
j.��� �Private
equity fund� means an investment vehicle that includes, but is not limited to,
limited partnerships or other limited liability vehicles that invest in the
assets, equity, or debt of a nursing home.
(cf:
P.L.2017, c.131, s.97)
����� 3.�� Section
2 of P.L.1977, c.237 (C.26:2H-33) is amended to read as follows:
����� 2.�� Every
nursing home operating in the State shall, within
[
90
]
165
days after the end of its fiscal year, file an
annual report with the
[
State
]
Commissioner of Health
, which report shall be
immediately transmitted by the commissioner to the State Comptroller upon
receipt
.� Such annual report shall be in such form and shall contain such
information as shall be prescribed by the commissioner
in consultation with
the State Comptroller
,
[
including
]
and shall include, at a minimum,
the
following:
����� a.��
[
A balance sheet of the nursing home as of the end of
such fiscal year, setting forth assets and liabilities at such date including
all capital, surplus, reserve, depreciation and similar accounts;
]
A balance sheet of the nursing home as of the
end of such fiscal year, setting forth assets, liabilities, and equity in
accordance with notices and regulations issued or adopted pursuant to sections
8 and 9 of P.L.��� , c.��� (C.������� and C.������� ) (pending before the
Legislature as this bill), as applicable, at such date including all capital,
surplus, reserve, depreciation and similar accounts;
����� b.��
[
A statement of operations of the nursing home for
such fiscal year, setting forth all revenues, expenses, taxes, extraordinary
items and other credits or charges;
]
A
statement of operations of the nursing home for such fiscal year, setting forth
all revenues, expenses, taxes, and other credits or charges, provided that:
�����
(1)� expenses
shall be itemized to include amounts for each of the following:
�����
(a)� each
lease payment, including the term of the lease, on any part of the land or
buildings occupied by the nursing home and any other fees charged by the
lessor;
�����
(b)� any
loans or equipment leases in excess of $10,000 and the interest rate and any
fees charged by the lender or lessor; and
�����
(c)� any
contract in excess of $10,000 per year for any service, including, but not
limited to, management, consulting, operations, leasing, staffing, dietary,
laundry, physical therapy, occupational therapy, nursing, aides, billing,
infection control, environmental, and maintenance services; and
�����
(2)� if
the nursing home has a mortgage on the land or building it occupies, or both,
it shall provide the name and address of the mortgagee, along with the amount,
term, and interest rate on the mortgage and any other fees the mortgagee
charges to the nursing home.
�����
For
the purposes of this subsection, the information required under paragraph (1)
and paragraph (2) of this subsection may be presented in supplemental schedules
subject to the auditing procedures applied in the audit of the financial
statements;
����� c.�� The
name and address of each of the following persons:
����� (1)�
The operator of the nursing home;
����� (2)�
Any person who, directly or indirectly, beneficially owns any interest in the
land on which the nursing home is located;
����� (3)�
Any person who, directly or indirectly, beneficially owns any interest in the
building in which the nursing home is located;
����� (4)�
Any person who, directly or indirectly, beneficially owns a
[
10%
]
five
percent
or greater interest in any mortgage, note, deed of trust
,
or
other obligation secured in whole or in part by the land on which or building
in which the nursing home is located;
����� (5)�
Any person who directly or indirectly, has any interest as lessor or lessee in
any lease or sublease of the land on which or the building in which the nursing
home is located;
����� (6)�
Any person who, directly or indirectly, beneficially owns a
[
10%
]
five
percent
or greater interest in any mortgage, note, deed of trust
,
or
other obligation which, although not secured by the land on which or building
in which the nursing home is located, is considered an outstanding liability on
the books of the nursing home and was executed to finance directly or
indirectly the purchase of the nursing home, land, building, lease
,
or
sublease pertaining thereto;
�����
(7)�
Any person who owns or operates a related party to the nursing home or who is a
principal, a member of the board of trustees, or a member of the board of
directors of the nursing home; and
�����
(8)� Any
person who has an ownership interest of five percent or more in a private
equity fund that is invested in the nursing home;
����� d.�� If
the nursing home or any person named in response to subsection c.
, h., or i.
of this section
is a partnership, then the name and address of each
partner;
����� e.��
(1)
�
If the nursing home or any person named in response to subsection c.
, h., or
i. of this section
is a corporation, other than a corporation whose shares
are traded on a national securities exchange or a commercial bank, savings bank
,
or savings and loan association, then the name and address of each officer,
director, principal shareholder
,
and controlling person of such
corporation;
�����
(2)�
If the nursing home or any person named in response to subsection c., h., or i.
of this section is a limited liability company, then the name and address of
each member;
����� f.��� If
any corporation named in response to subsection c.
, h., or i. of this
section
is a corporation whose shares are traded on a national securities
exchange or which is a commercial bank, savings bank
,
or savings and
loan association, then the name and address of the principal executive officers
and each director, principal
[
stockholder
]
shareholder,
and controlling person of said
corporation;
����� g.�� If
the nursing home paid or received an aggregate of
[
$2,500.00
]
$10,000
or more during the fiscal year in connection with transactions with any person
named in response to subsections c., d., e., or f., or any affiliate of said
person, a description of the transactions, naming the parties thereto and
describing the relationships which require the transactions to be described and
the goods, services, payment
,
or other consideration received by each
party to the transactions
;
�����
h.�� Information
identifying 100 percent of the current owners of the nursing home, including
all principals and interested parties;
�����
i.��� Information
identifying 100 percent of the current owners of any third party entity
exercising substantial management control over the nursing home, including all
principals and interested parties and including 100 percent of the owners,
principals, and interested parties in any third party entity identified as a
principal or interested party in the third party entity exercising substantial
management control over the nursing home;
�����
j.��� A
copy of the nursing home�s organizational chart and an organizational chart for
any third-party entity exercising substantial management control over the
nursing home, which organizational chart shall include, as applicable:�
�����
(1)� parent
entities and wholly-owned subsidiaries;
�����
(2)� related
parties; and
�����
(3)� unrelated
parties that provided a service, a facility, or supplies to the nursing home in
the annual fiscal period that were paid more than $200,000 by the nursing home
in the annual fiscal period;
�����
k.�� An
owner-certified financial statement encompassing
the nursing home, any
third party entity exercising substantial management control over the nursing home,
any person described in paragraphs (2) through (6) of subsection c. of this section,
for whom the information provided in the owner-certified financial statement
shall be limited to the person�s interest in the nursing home for which
reporting is required pursuant to paragraph (2), (3), (4), (5), or (6) of
subsection c. of this section, as applicable, and each related party.� The
owner-certified financial statement required under
this subsection
shall meet the
following requirements:
�����
(1)� the
owner-certified financial
statement shall be prepared in accordance with
generally accepted accounting principles in effect as of the date of the filing
and
audited by a certified public accountant in
accordance with the generally accepted accounting standards in effect as of the
date of the filing
; and
�����
(2)� the
owner-certified financial statement shall be submitted in accordance with the
requirements of this section and any notices and regulations issued or adopted
in accordance with sections 8 and 9 of P.L.��� , c.��� (C.������ and C.������ )
(pending before the Legislature as this bill), as applicable, and shall
include:
�����
(a)� a
balance sheet detailing the assets, liabilities, and equity at
the end
of the reporting entity�s fiscal year;
�����
(b)�
a statement
of
revenues, expenses, and operating surplus or deficit for
the annual fiscal period;
�����
(c)� a
statement of changes in equity;
�����
(d) a
statement detailing patient charges by payer, including, but not limited to,
Medicare, NJ FamilyCare, and other payers, by revenue center;
�����
(e)� a
statement of cash flows, including, but not limited to, ongoing and new capital
expenditures and depreciation;
�����
(f)� a
combined financial statement that includes all entities reported in the
owner-certified financial statement, unless the reporting entity is prohibited
from including a combined financial statement in
an owner-certified
financial statement pursuant to State or federal law or regulation or national
accounting standard, in which case the reporting entity shall disclose to the
department the applicable State or federal law or regulation or national
accounting standard; and
�����
(g)� additional
information, data, and documents related to receipts and expenditures by
nursing homes as may be required by notices and regulations issued or adopted
pursuant to sections 8 and 9 of P.L.��� , c.��� (C.������� and C.������� )
(pending before the Legislature as this bill), as applicable; and
�����
l.��� A
copy of any lease agreements for the nursing home�s use of land, buildings,
facilities, or other real property.
�����
m.� Any
nursing home, or authorized agent of a nursing home, that files an annual
report pursuant to this section, shall certify under penalty of perjury that
the information provided is accurate and complete.� All information provided
pursuant to this section shall be deemed a public record.
(cf:
P.L.1977, c.237, s.2)
����� 4.�� (New
section)� For the purposes of P.L.2021, c.457 (C.26:2H-46.1 et seq.),
�owner-certified financial statement� means an owner-certified financial
statement that meets the requirements of subsection k. of section 2 of
P.L.1977, c.237 (C.26:2H-33).� For the purposes of this section, the
definitions set forth in section 1 of P.L.1977, c.237 (C.26:2H-32) are
incorporated by reference.
����� 5.�� Section
4 of P.L.1977, c.237 (C.26:2H-35) is amended to read as follows:���
����� 4.��
a.
�
Any person, firm, association, partnership
,
or corporation who fails to
[
file a statement as required by this act
]
comply with the requirements of P.L.1977, c.237
(C.26:2H-32 et seq.)
or willfully files a false statement
[
shall
]
may
be liable to a penalty of
[
not less than $10.00 nor more than $100.00
]
up to $200
for each day that such failure
continues or such false statement remains uncorrected. The penalties prescribed
and authorized by this act shall be recovered in a summary civil proceeding
brought in the name of the State in the Superior Court pursuant to
[
"the penalty enforcement law"
(N.J.S.2A:58-1 et seq.)
]
�Penalty Enforcement Law of 1999,� P.L.1999,
c.274 (C.2A:58-10 et seq.)
.
�����
b.�� In
addition to the penalties provided in subsection a. of this section, the
Department of Health may curtail the admissions for new residents in the case
of a person, firm, association, partnership, or corporation who fails to comply
with the requirements of P.L.1977, c.237 (C.26:2H- 32 et seq.) or willfully
files a false statement, which curtailment may continue until corrective action
is taken by the violator and approved by the department.
(cf:
P.L.1991, c.91, s.288)�
����� 6.�� (New
section) a.� In the event a nursing home is under common ownership with one or
more other nursing homes, the common owner shall submit one owner-certified
financial statement pursuant to section 2 of P.L.1977, c.237 (C.26:2H-33) that
consolidates the financial data across all nursing homes and related parties
that are a part of that common ownership, which statement shall include the
information required by subsection k. of section 2 of P.L.1977, c.237
(C.26:2H-33) for each nursing home under common ownership.
����� b.�� A
nonprofit nursing home that files a copy of its most recent Internal Revenue
Service Form 990 Public Inspection Copy with the Department of Health and the
State Comptroller may be deemed, in accordance with notices and regulations
adopted pursuant to sections 8 and 9 of P.L.��� , c. ���(C.���� and C.������� )
(pending before the Legislature as this bill), as applicable, to have satisfied
all or part of the requirements of an owner-certified financial statement set
forth under section 2 of P.L.1977, c.237 (C.26:2H-33).
����� 7.�� (New
section)� The State Comptroller, in consultation with the Department of Health
and the Department of Human Services, shall be authorized to monitor, review
and audit owner-certified financial statements in accordance with P.L.2005,
c.119 (C. 52:15B-1 et seq.), P.L.2007, c.52 (C.52:15C-1 et seq.), and the
�Medicaid Program Integrity and Protection Act,� P.L.2007, c.58 (C.30:4D-53 et
seq.).� The State Comptroller may obtain information and testimony, issue
reports, make referrals, and coordinate with and require the cooperation of
State agencies in the same manner as permitted by P.L.2005, c.119 (C.52:15B-1
et seq.), P.L.2007, c.52 (C.52:15C-1 et seq.), and the �Medicaid Program
Integrity and Protection Act,� P.L.2007, c.58 (C.30:4D-53 et seq.).
����� 8.�� (New
section)� a.� The Commissioner of Health, in consultation with the State
Comptroller, shall promulgate rules and regulations, pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
as the commissioner deems necessary to effectuate the purposes of this act.
����� b.�� The
State Comptroller, in consultation with the Commissioner of Health and pursuant
to the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.),
shall promulgate rules and regulations setting forth the requirements of
owner-certified financial statements as may be necessary to implement the
provision of this act.
���� 9.��� (New section)�
Notwithstanding the provisions of section
1
[
9
]
8
1
of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill), the
Commissioner of Health and the State Comptroller may issue notices to
interested parties to implement the provisions of P.L.��� , c.��� (C. )
(pending before the Legislature as this bill), which notices shall be valid for
no more than one year from the effective date of sections 1 through 8 of
P.L.��� , c.��� (C.������� ) (pending before the Legislature as this bill),
provided that such interested parties are provided with notice of at least 30
days of the intent of either the Commissioner of Health or the State
Comptroller to issue such notice.
����� 10. This
act shall take effect 90 days after the date of enactment, except that section
9
of this act shall take immediately.