New Jersey 2026-2027 Regular Session

New Jersey Assembly Bill A905

Introduced
1/13/26  

Caption

Regulates residential mental health treatment facilities.

Impact

The implementation of A905 will change the operational requirements for residential mental health treatment facilities. Specifically, the bill mandates that all such facilities must obtain a license from the Commissioner of Health. Applicants must demonstrate compliance with standards set forth by the Commissioner and must exhibit good moral character. Additionally, the bill exempts these facilities from the certificate of need process, which had previously required additional approvals for establishing or modifying facilities. This adjustment is aimed at removing barriers for the establishment of mental health services and increasing service availability.

Summary

Assembly Bill A905 seeks to regulate residential mental health treatment facilities in the State of New Jersey. This legislation requires these facilities to provide mental health services consistent with the Level 3.5 care level according to the American Society of Addiction Medicine, ensuring support in a structured living environment for patients. The bill emphasizes the provision of care without the need for retrospective or concurrent reviews of medical necessity, aiming to streamline treatment offerings and support patient transitions into lower levels of community care.

Contention

Some points of contention surrounding A905 revolve around the implications of the exemptions from the certificate of need requirement. While proponents argue that this change will facilitate access to mental health services and promote the establishment of necessary facilities, critics express concerns that it may lead to the proliferation of inadequately regulated institutions. The focus on licensing without stringent oversight may raise questions regarding the adequacy of services offered and the protection of patients’ rights. The balance between increasing accessibility and maintaining quality standards is central to the ongoing discussions regarding the bill.

Companion Bills

NJ S2555

Carry Over Regulates residential mental health treatment facilities.

NJ A3959

Carry Over Regulates residential mental health treatment facilities.

NJ S1980

Same As Regulates residential mental health treatment facilities.

Similar Bills

NJ A4535

Authorizes provision of residential mental health services in residential substance use disorders treatment facility or program under specified hospital affiliation and clinical support criteria.

NJ S1980

Regulates residential mental health treatment facilities.

OR SB1195

Relating to residential behavioral health services; declaring an emergency.

TX HB5065

Relating to the regulation of residential treatment centers, including requirements related to public education for certain children who reside in residential treatment centers; creating a criminal offense.

CA AB2614

Public health: Body Brokering and Patient Referral Integrity Act.

CA AB877

Health care coverage: substance use disorder: residential facilities.

OR HB2015

Relating to behavioral health; and declaring an emergency.

NJ S349

Revises licensure and regulatory requirements for residential substance use disorders treatment facilities or programs.