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S 3992

Increases cap on personal care assistant services from 40 hours to 91 hours per week for Medicaid beneficiary determined clinically eligible for nursing facility level of care.

2026-2027 Regular Session Introduced by Angela McKnight and 2 co-sponsors

The bill increases Medicaid-funded personal care assistant hours from 40 to 91 per week for eligible individuals, enabling more home-based care.

Referred to Senate Budget and Appropriations Committee
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Bill Summary · S 3992

Summary of Bill S 3992 (New Jersey, 222nd Legislature)

Purpose and intent

  • This bill seeks to increase the weekly cap on personal care assistant (PCA) services for Medicaid beneficiaries who are clinically eligible for nursing facility level of care.
  • Specifically, it would raise the maximum from 40 hours per week to 91 hours per week, with the goal of allowing eligible individuals to remain in their homes and communities rather than moving to a long-term care facility.

Key provisions and changes

  • Cap increase: Approves, as medically necessary, up to 91 hours of PCA services per calendar week for each eligible Medicaid beneficiary clinically eligible for nursing facility level of care.
  • Assessment tool modification: The Department of Human Services (DHS) must modify the existing assessment tool used to determine PCA services to align with the new 91-hour cap and the bill’s provisions.
  • Medicaid eligibility and services defined: Clarifies that PCA services are health-related tasks related to cueing, supervision, or completing activities of daily living, delivered by a qualified individual in the home or other settings, under supervision of a registered professional nurse, and in accordance with a written plan of care.
  • State plan and federal funding: DHS Commissioner is directed to apply for any necessary State plan amendments or waivers to implement the bill and secure federal financial participation for Medicaid expenditures.
  • Regulatory authority: DHS Commissioner is empowered to adopt rules and regulations (under the Administrative Procedure Act) to carry out the act’s provisions.
  • Effective date: The act takes effect immediately upon enactment.

Who would be affected

  • Medicaid beneficiaries who are clinically eligible for nursing facility level of care and who receive PCA services.
  • Caregivers and family members providing support, as higher PCA hours may reduce caregiver burden or enable more stable home-based care.
  • Home health providers and certified PCA service providers who would administer the increased hours and must align with the revised assessment tool and plan of care.
  • The Department of Human Services (DHS), which would implement the change, adjust assessments, seek waivers/plan amendments, and develop corresponding regulations.

Procedural and timeline aspects

  • Introduced: March 19, 2026.
  • Sponsor/Co-sponsors: Senator Joseph Vitale; Senator Angela McKnight; co-sponsor Shirley Turner.
  • Committee history: Referred to Health, Human Services and Senior Citizens Committee; later reported from Senate Committee (2nd Reading) and referred to Senate Budget and Appropriations Committee (as of May 11, 2026).
  • Implementation steps: DHS must modify the PCA assessment tool, pursue necessary State plan amendments or waivers for federal funding, and adopt regulations to implement the measure.
  • Effective date: Immediate upon enactment (no delayed effectiveness).

Potential impact overview

  • Increased home-based support for Medicaid beneficiaries who require nursing facility level care, potentially reducing transitions to skilled nursing facilities.
  • Increased state expenditures on PCA services, offset by potential federal Medicaid dollars through plan amendments/waivers.
  • Possible improvements in beneficiary quality of life and independence, with greater flexibility for families and caregivers to balance employment and caregiving.
  • Administrative changes for DHS to update assessment processes and regulatory framework.

If you’d like, I can tailor this summary to a specific audience (e.g., policymakers, advocacy groups, or healthcare providers) or add a comparison to current law and anticipated fiscal implications if financial estimates are released.

Compiled from official sources — confirm details with the bill’s official record.

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