New Jersey 2026-2027 Regular Session

New Jersey Senate Bill S3185

Introduced
1/13/26  
Refer
1/13/26  
Failed
1/13/26  

Caption

Makes changes to how uniform gross receipts assessment are charged to ambulatory care facilities.

Summary

S3185 revises New Jersey’s law governing the uniform gross receipts assessment on ambulatory care facilities. The bill keeps the existing assessment framework in place through the end of the second quarter of Fiscal Year 2026, then changes the rate structure beginning on the first day of the third quarter of Fiscal Year 2026. At that point, the assessment would be set at 2.5 percent of gross receipts for covered ambulatory care facilities, with a new annual cap of $2,000,000. The bill also preserves the requirement that facilities pay in four installments and continues the reporting and audit requirements used to calculate and verify assessments. The bill also adds a federal-approval condition for the new assessment structure. If implementing the revised ambulatory care assessment requires a Medicaid State plan amendment or waiver, the Commissioner of Human Services must apply to the Centers for Medicare and Medicaid Services and obtain approval before the new structure can be implemented. Until any required federal approval is received, the assessment is to operate under the bill’s transitional provisions. The act is retroactive to the first day of the third quarter of Fiscal Year 2026. In practical terms, the bill affects licensed ambulatory care facilities that provide specified services such as ambulatory surgery, MRI, CT, radiation oncology, PET, and sleep disorder services, while continuing to exclude off-site ambulatory care service facilities licensed to hospitals. It also preserves existing enforcement tools, including audits, retroactive assessment increases for understated gross receipts, daily civil penalties for reporting failures, and doubled assessments for unlicensed operation. Revenues continue to be deposited into the Health Care Subsidy Fund. The general sentiment reflected by the bill text is administrative and technical rather than overtly controversial: it appears aimed at clarifying timing, aligning the assessment with federal Medicaid requirements, and setting a higher cap for the assessment. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of support or opposition from lawmakers in the available materials. The main point of potential contention is the financial impact on ambulatory care facilities, especially those with high gross receipts or those newly brought into the assessment base through the operating-room-services reporting provisions. Another likely issue is the bill’s dependence on federal Medicaid approval, which could affect implementation timing and certainty. Facilities may also be sensitive to the increased cap and the continued audit and penalty provisions, while state policymakers may view the changes as necessary to preserve subsidy funding and comply with federal rules.

Impact

The bill amends P.L.1992, c.160, which governs hospital and ambulatory care facility assessments and the Health Care Subsidy Fund. It changes the timing and structure of the uniform gross receipts assessment for ambulatory care facilities, establishes a 2.5 percent rate beginning in the third quarter of Fiscal Year 2026, and raises the annual maximum assessment to $2,000,000. It also requires the Department of Human Services to seek any needed federal Medicaid State plan amendment or waiver before implementing the revised assessment structure, while leaving in place reporting, audit, penalty, and fund-dedication provisions.

Sentiment

No committee discussion or vote history was provided, so there is no recorded legislative debate to gauge support or opposition. Based on the text, the bill appears to be a technical and fiscal adjustment measure intended to clarify assessment timing and ensure federal compliance, suggesting a generally pragmatic rather than ideological posture. The available materials do not show formal controversy, but the bill would likely draw attention from affected ambulatory care facilities because it preserves and potentially expands their assessment obligations.

Contention

The most likely contention concerns the cost burden on ambulatory care facilities, particularly the shift to a 2.5 percent gross receipts assessment with a much higher cap and the continued requirement to report detailed financial data subject to audit. Facilities that are newly subject to the assessment through operating-room-services reporting may also object to being brought into the tax base. A second point of contention is the bill’s reliance on federal approval: if CMS approval is delayed or denied, implementation could be uncertain, and stakeholders may disagree over whether the state should proceed with the transitional rate or wait for federal action.

Companion Bills

NJ S5015

Carry Over Makes changes to how uniform gross receipts assessment are charged to ambulatory care facilities.

Similar Bills

No similar bills found.