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A 3351

Relates to permitting a plaintiff to recover directly against a third party defendant found to be liable in certain actions

2025 Regular Session Introduced by Jeffrey Dinowitz

Gives menstrual hygiene products to NJ FamilyCare, SNAP, and WIC beneficiaries via federal waivers or a state program, with a $2 million fallback if waivers are denied.

SUBSTITUTED BY S5170
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Bill Summary · A 3351

Summary of Assembly Bill A 3351 (as Introduced)

Note: The bill’s status later shifted to “SUBSTITUTED BY S5170.” Companion legislation exists as S5170. Sponsored by Jeffrey Dinowitz. The version summarized here reflects the introduced text focusing on menstrual hygiene products as a public benefits item.

Purpose and Scope

  • The bill aims to make menstrual hygiene products available as benefits for certain beneficiaries under public assistance programs in New Jersey.
  • Specifically targets eligible recipients of NJ FamilyCare, SNAP (Supplemental Nutrition Assistance Program), and WIC (Special Supplemental Nutrition Program for Women, Infants, and Children). The definition of “eligible recipient” ties to residency in New Jersey and qualification for these programs.

Key Provisions

1) Definitions
- Eligible recipient: a New Jersey resident who qualifies for benefits under NJ FamilyCare, SNAP, or WIC.
- Menstrual hygiene products: tampons, sanitary napkins, panty liners, menstrual cups, and other similar products designed for menstrual hygiene.

2) Waiver/State Plan Amendments
- The Commissioner of Human Services must apply for a federal waiver or state plan amendment to add menstrual hygiene products as covered benefits for eligible recipients in:
- NJ FamilyCare, and
- SNAP.
- The Commissioner of Health must apply for a waiver to add menstrual hygiene products as a covered benefit for WIC.

3) Contingency if Federal Denial
- If the federal government denies the waiver/state plan amendments, the Commissioner of Human Services (in consultation with the Commissioner of Health) must establish a State program to provide menstrual hygiene products to eligible recipients in a manner deemed equitable.
- Within this program, the Commissioner must create a process to certify the number of menstruators under 18 in a recipient’s household who qualify for these products.

4) Education and Public Awareness
- The Commissioners of Human Services and Health must coordinate an educational/public awareness campaign about the bill’s provisions.
- The campaign must target all affected programs (Medicaid/NJ FamilyCare, SNAP, WIC, Work First New Jersey, TANF) and post information on each department’s website.

5) Appropriation
- A $2,000,000 General Fund appropriation to the Department of Human Services is authorized to implement the requirements, conditioned on federal denial of the waiver/state plan amendments.
- Availability of funds is contingent on that federal denial scenario.

6) Effective Date
- The act takes effect upon a federal determination regarding the waiver/state plan approval and the acceptance of any such approval by DHS/DOH.
- The departments may take anticipatory action to implement provisions in advance of federal determinations as needed.

Impact and Affected Parties

  • Beneficiaries: Menstruators who are eligible for NJ FamilyCare, SNAP, or WIC would gain access to menstrual hygiene products either through an approved waiver/state plan or, if denied, through a state program.
  • State Agencies: Department of Human Services and Department of Health would lead waiver applications, program design, public communications, and, if needed, the uncapped state program.
  • Fiscal: Potential $2 million appropriation tied to federal-denial scenarios; costs otherwise depend on federal approvals.

Procedural and Timeline Notes

  • Introduced January 9, 2024; later substituted by S5170 during the 2025 legislative actions cycle.
  • Companion: S 5170.
  • Reform would begin upon federal action/approval, with anticipatory steps permissible by the departments to implement provisions.

Related Legislation

  • Companion and related bills include S 5170 and various prior-session A bills listed in the bill’s materials.

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

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