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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 30 INSTITUTIONS AND AGENCIES
Chapter : 30:4D-19.
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30:4D-19. Severability clause
If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
L.1968, c. 413, s. 19.
30:4D-19.1. ~New Jersey Medical Assistance and Health Services Program~ administrators, duties
28. The director or other chief administrative officer of each agency or office providing or administering assistance under the ~New Jersey Medical Assistance and Health Services Program~ shall:
a. cause copies of the voter registration forms and instructions provided for under subsections e. and f. of section 16 of P.L.1974, c.30 (C.19:31-6.4) and the declination form provided for in subsection b. of section 26 of P.L.1994, c.182 (C.19:31-6.11) to be distributed at each such agency or office to each person appearing in person thereat to apply for services or assistance provided thereby or to seek a recertification, renewal or change of address relative to the assistance provided at such office. An employee of the agency or office shall inquire of every such person whether the person, if not already registered to vote from the place of his or her present residence, wishes to be so registered and shall inform the person that whether or not the applicant chooses to register will not affect the person@s eligibility for those services. The employee shall subsequently review the forms to determine whether or not the person wishes to register to vote. If the person does not wish to register, the employee shall provide the person with any assistance necessary to complete the declination form and then inform the person that the form will be retained by the employee. If the person wishes to register, the employee shall provide the person with any assistance necessary in completing the voter registration form; shall inform the applicant that the applicant may leave the completed form with the employee or mail it personally to the Secretary of State; and if the applicant chooses to leave the form, shall accept the completed form, stamp or otherwise mark the lower right hand corner of the document with the date on which it was so received, and forward it to the Secretary of State. The employee shall provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the voter registration form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses such assistance;
b. provide for the continuous supply of the forms and instructions specified in subsection a. of this section to every agency and office which provides assistance under P.L.1968, c.413 (C.30:4D-1 et seq.) and 42 U.S.C. s.1395 et seq.;
c. provide the forms and instructions specified in subsection a. of this section in both the English and Spanish languages to the agencies and offices which are located in any county in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c.29 (C.19:23-22.4);
d. provide for the collection of completed voter registration forms by any employee of the agency or office for the transmittal of the forms to the Secretary of State;
e. provide that the forms, instructions and assistance specified in subsection a. of this section shall be provided to any person with a disability who receives assistance or services at that person@s home from an employee of the agency or office;
f. inform each employee of the agency or office who assists in registering a person to vote that that employee shall not:
(1) seek to influence an applicant@s political preference or party registration;
(2) display any such political preference or party allegiance;
(3) make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or
(4) make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits; and
g. make certain that no information relating to a declination to register to vote by an individual in connection with any type of application for service made by that individual at any agency or office is used for any purpose other than voter registration.
L.1994,c.182,s.28.
30:4D-19.2. Findings, declarations relative to intergovernmental transfer program under Medicaid
1. The Legislature finds and declares that:
a. Federal law permits states to enhance existing federal financial participation under the Medicaid program through the use of intergovernmental transfers;
b. Participation in an intergovernmental transfer program by the State and certain governmental entities will enhance the health and welfare of the citizens of New Jersey by providing additional funds for health-related services; and
c. In order to secure the additional federal funds under the Medicaid program, it is the intent of this act to authorize and implement an intergovernmental transfer program.
L.2000, c.28, s.1.
30:4D-19.3. Definitions relative to intergovernmental transfer program under Medicaid
2. As used in this act:
~Bank~ means a State or federally chartered bank, savings bank or savings and loan association located in this State that is authorized to receive public funds and that is selected by the participating governmental entities to carry out the provisions of this act.
~Intergovernmental transfer~ means the transfer of money to the State account by a participating governmental entity as contemplated by an intergovernmental transfer agreement.
~Intergovernmental transfer agreement~ means an agreement among the State Treasurer, the Commissioners of Human Services and Health and Senior Services, and a participating governmental entity pertaining to participation in and implementation of the intergovernmental transfer program.
~Intergovernmental transfer program~ or ~program~ means a program to enhance federal financial participation under the Medicaid program by using intergovernmental transfers.
~Medicaid~ means the ~New Jersey Medical Assistance and Health Services Program~ established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).
~Medicaid State plan~ means the plan submitted by the State to the federal Health Care Financing Administration in the Department of Health and Human Services, including any amendments thereto.
~Participant accounts~ means the accounts maintained at the bank by each participating governmental entity for the purpose of effectuating the intergovernmental transfer program.
~Participating governmental entity~ means any governmental entity that owns a nursing facility enrolled in the Medicaid program and qualifies for a supplemental payment under the Medicaid State plan, and which signs an intergovernmental transfer agreement.
~State account~ means the account maintained at the bank by the State Treasurer for the purpose of the intergovernmental transfer program.
~Supplemental payment~ means the Medicaid payment made by the State to a participating governmental entity for a specified fiscal year, as set forth and provided for in an intergovernmental transfer agreement.
L.2000, c.28, s.2.
30:4D-19.4. Intergovernmental transfer program established
3. There is established an intergovernmental transfer program subject to the provisions of this act.
a. Notwithstanding the provisions of any other law to the contrary, a governmental entity eligible to receive a supplemental payment is authorized to participate in the intergovernmental transfer program and to take all actions necessary to effectuate completion of the intergovernmental transfer program, including, but not limited to:
(1) entering into agreements, including an intergovernmental transfer agreement, with any entity, including the State Treasurer, the Commissioner of Human Services, the Commissioner of Health and Senior Services and other participating governmental entities;
(2) cooperating with a bank in the execution of any additional documentation required by the bank to effect the borrowing by any participating governmental entity through the issuance of short-term notes in the manner prescribed for the issuance of tax anticipation notes pursuant to N.J.S.40A:4-64, except that the short-term notes shall not be subject to the provisions of N.J.S.40A:4-66, or in any other manner permitted by law, and to pledge to the bank a security interest in all of its right, title and interest in and to its participant account for repayment of short-term notes;
(3) transferring participating governmental entity funds to the State account;
(4) executing certifications, letters of instruction or other instruments necessary to effectuate the intergovernmental transfer program; and
(5) receiving and utilizing supplemental payments received in accordance with the Medicaid State plan, in the manner set forth under the terms of an intergovernmental transfer agreement and as may be necessary to achieve the purposes of the intergovernmental transfer agreement.
b. Notwithstanding any other law to the contrary, the State Treasurer, the Commissioner of Human Services and the Commissioner of Health and Senior Services, acting on behalf of the State, are authorized to participate in the intergovernmental transfer program and to take all actions and make payments in connection with the completion of the intergovernmental transfer program, including, but not limited to:
(1) entering into agreements, including the intergovernmental transfer agreement, with any entity, including participating governmental entities, upon such terms and conditions as the State Treasure deems necessary or desirable to allow for the entity@s participation in the intergovernmental transfer program;
(2) cooperating with any bank in the execution of any additional documentation required by the bank to transfer supplemental payments to the participant accounts and otherwise effectuate the intergovernmental transfer program; and
(3) executing, approving and authorizing certifications, letters of instruction, legal opinions or other instruments as the State Treasurer deems necessary or desirable to effectuate the intergovernmental transfer program.
L.2000, c.28, s.3.
30:4D-19.5. Appropriations for supplemental payments under intergovernmental transfer program; costs
4. a. There are appropriated to the Department of Health and Senior Services such sums as are determined necessary by the Director of the Division of Budget and Accounting in the Department of the Treasury to make supplemental payments in accordance with the Medicaid State plan under the intergovernmental transfer program. The sums so appropriated shall be deposited in the State account and used to make supplemental payments to the participant accounts pursuant to this subsection and as set forth in an intergovernmental transfer agreement.
b. There are appropriated to the Department of Health and Senior Services and Department of the Treasury such additional sums as are determined necessary by the Director of the Division of Budget and Accounting in the Department of the Treasury to pay costs incurred by the State in connection with the execution and delivery of any agreements authorized hereunder, including the costs of professional services, attorneys and any other costs necessary to complete the intergovernmental transfer program.
L.2000, c.28, s.4.
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