New Jersey S 438: Extends to 90 days statute of limitations for unlawful use of cell phone while driving; increases penalties for texting while driving.

Bill Text

S438 

SENATE, No. 438 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator BRIAN P. STACK

District 33 (Hudson)

Senator M. TERESA RUIZ

District 29 (Essex and Hudson)

Co-Sponsored by:

Senators A.M.Bucco, Diegnan, Schepisi, McKeon, Bramnick, 
Singer, Pennacchio, Amato, McKnight, Polistina, O'Scanlon, Steinhardt, Testa, 
Tiver, Singleton, Space and Johnson

SYNOPSIS

���� Establishes minimum Medicaid reimbursement rate for 
structured day program services provided to beneficiary eligible for brain 
injury services.

CURRENT VERSION OF TEXT 

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

��

An Act concerning Medicaid reimbursement for brain 
injury services and amending P.L.2022, c.78.

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

���� 1.��� Section 2 of P.L.2022, 
c. 78 (C.30:4D-7kk) is amended to read as follows:

���� 2.� a.� Notwithstanding the 
provisions of any law or regulation to the contrary, the Medicaid per diem or 
encounter reimbursement rates for eligible brain injury services, when such 
services are provided by an approved brain injury service provider to a Medicaid 
beneficiary requiring treatment for a brain injury, shall be, at minimum, as 
follows:

���� (1) The reimbursement rate for 
Community Residential Services - Low Supervision provided to a Medicaid 
beneficiary eligible for brain injury services shall be equal to the 
reimbursement rate for Individuals Supports Services - Tier B provided to a 
Medicaid beneficiary eligible for services provided by the Division of 
Developmental Disabilities in the Department of Human Services;

���� (2) The reimbursement rate for 
Community Residential Services - Moderate Supervision provided to a Medicaid 
beneficiary eligible for brain injury services shall be equal to the 
reimbursement rate for Individuals Supports Services - Tier C provided to a Medicaid 
beneficiary eligible for services provided by the Division of Developmental 
Disabilities in the Department of Human Services; [and]

���� (3) The reimbursement rate for 
Community Residential Services - High Supervision provided to a Medicaid 
beneficiary eligible for brain injury services shall be equal to the average of 
the reimbursement rates for Individuals Supports Services - Tiers D and E 
provided to a Medicaid beneficiary eligible for services provided by the 
Division of Developmental Disabilities in the Department of Human Services; 
and

���� (4)�� The reimbursement 
rate for Structured Day Program Services provided to a Medicaid beneficiary 
eligible for brain injury services shall be equal to the average of the 
reimbursement rates for Day Habilitation Services � Tiers D and Tier E provided 
to a Medicaid beneficiary eligible for services provided by the Division of 
Developmental Disabilities in the Department of Human Services.

���� b.��� As used in this section:

���� "Brain injury 
service" means community-based services, residential services, day care 
services, and home care services provided to a Medicaid beneficiary requiring 
treatment for traumatic or non-traumatic brain injuries, regardless of whether 
such services are provided through the Medicaid fee-for-service delivery system 
or the managed care delivery system.

���� "Brain injury service 
provider" means a facility licensed by the Division of Disability Services 
in the Department of Human Services to provide traumatic or non-traumatic brain 
injury services.

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

���� "Non-traumatic brain 
injury" means an injury to the brain caused by internal factors, such as 
stroke, aneurysm, tumor, infectious disease, or anoxia, where continued 
impairment can be demonstrated.� This term does not include brain dysfunction caused 
by congenital or degenerative disorders, birth trauma, or injuries caused by 
other circumstances.

���� "Traumatic brain 
injury" means an injury to the brain caused by a blow or jolt to the head 
or a penetrating head injury or neuro-trauma that disrupts the normal brain 
function, where continued impairment can be demonstrated.� This term does not 
include brain dysfunction caused by congenital or degenerative disorders, birth 
trauma, or injuries caused by other circumstances.

(cf: P.L.2022, c.78, s.2)

���� 2.��� (New section) The 
Commissioner of Human Services, in accordance with the "Administrative 
Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such 
rules and regulations as the commissioner deems necessary to carry out the 
provisions of this act.

���� 3.��� This act shall take 
effect 30 days after the date of enactment and shall apply to 
services provided on or after the effective date of this act and to any 
Medicaid managed care contract executed or renewed on or after the effective 
date of this act.

STATEMENT

���� This bill ame