Bill Text: NJ A3334 | 2018-2019 | Regular Session | Introduced
Bill Title: "Innovative Services for Persons with Developmental Disabilities Act."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-12 - Introduced, Referred to Assembly Human Services Committee [A3334 Detail]
Download: New_Jersey-2018-A3334-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
"Innovative Services for Persons with Developmental Disabilities Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning persons with developmental disabilities, supplementing Title 30 of the Revised Statutes, and amending P.L.2008, c.128.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Sections 1 through 10 of this act shall be known as the "Innovative Services for Persons with Developmental Disabilities Act."
2. (New section) The Legislature finds and declares that:
a. There are approximately 4,000 persons with developmental disabilities on the Community Care Waiver waiting list for residential placements, and that number is growing;
b. There are an additional 2,100 persons with developmental disabilities who are institutionalized in State-operated developmental centers, many of whom are candidates for placement into community residential programs funded by the Department of Human Services;
c. From time to time, shortages also exist in the availability of non-residential services provided to persons with developmental disabilities, and existing methodologies of serving persons with developmental disabilities are unable to produce sufficient services to keep pace with demand;
d. Many persons with developmental disabilities and their family members, guardians, and friends are willing to assist financially with the cost of services, but there are limited opportunities to do so under the methods currently employed by the department, and such persons may be fearful that providing financial assistance toward the cost of services will be used to their detriment;
e. Persons with developmental disabilities should have available to them, commensurate with their needs and abilities, the same housing options that are available to persons who do not have developmental disabilities;
f. Similarly, innovative service arrangements which use a combination of public and private funds and address barriers to transportation for persons with disabilities should be developed;
g. Private housing and other service providers are willing to develop innovative approaches to the delivery of services, but opportunities for them to do so must be increased and obstacles must be removed; and
h. Action must be taken to encourage the development and implementation of innovative services for persons with developmental disabilities, and the Legislature, consistent with the public policy of the State, must establish a mechanism to learn about development and implementation efforts as well as the obstacles which may arise from time to time and negatively affect the development and implementation of innovative services, particularly those obstacles that the Legislature may be able to eliminate.
3. (New section) As used in sections 1 through 10 of this act:
"Department" means the Department of Human Services.
"Developmental disability" means developmental disability as defined in section 3 of P.L.1977, c.82 (C.30:6D-3).
"Innovative service arrangement" means residential or day services for persons with developmental disabilities which are consistent with the provisions of this act and include:
a. self-directed support services, as defined in section 3 of P.L.2008, c.128 (C.30:6D-12.3); or
b. other arrangements that are materially different or used in materially different ways than the arrangements currently and most commonly used by the Department of Human Services, including, but not limited to, a service arrangement that is:
(1) privately funded, in whole or in part, with assurances from the department to undertake the funding of the service arrangement to the extent that State funding later becomes available and that the service arrangement complies with State polices and regulations at the time that funding becomes available;
(2) not traditionally used to serve persons with developmental disabilities;
(3) funded, in whole or in part, by other governmental sources not dedicated to serving persons with developmental disabilities exclusively;
(4) designed to attract private funding that can be used to serve persons with developmental disabilities; or
(5) some combination of the above.
"Medicaid" means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.)
4. (New section) a. It is declared to be the public policy of the State to encourage the establishment of innovative service arrangements, when desired by the individual, guardian, family, or interdisciplinary team.
b. The department shall encourage the establishment of innovative service arrangements for those who request such services, and may do so by:
(1) providing grants and other aid, if necessary, to foster the development of innovative service arrangements;
(2) providing technical assistance, if requested, to foster the development of innovative service arrangements;
(3) soliciting proposals from potential providers of innovative service arrangements which use a combination of public and private funding, or exclusively private funding initially, with the assurance of future public funding;
(4) removing obstacles to the development of innovative service arrangements;
(5) creating incentives to attract private funding for innovative service arrangements;
(6) facilitating cooperation among government agencies, as appropriate; or
(7) encouraging the development of opportunities for innovative service arrangements funded by a combination of public and private sources.
c. The department shall seek funding for innovative service arrangements in any application for federal assistance or reimbursement, through the Medicaid program or another applicable program, unless seeking such funding for a particular innovative service arrangement would be:
(a) expressly contrary to a federal requirement for such assistance or reimbursement; or
(b) unsuitable for inclusion in an application for federal assistance or reimbursement.
5. (New section) The department shall ensure that the establishment of an innovative service arrangement does not unfairly benefit a person with a developmental disability with the financial means to purchase such services, in whole or in part, to the detriment of a person with a developmental disability without such financial means. To avoid such an unfair benefit, the department may:
a. delay funding for a person with a developmental disability until an opening for services for that person is available on the waiting list for services maintained by the department, in accordance with the department's waiting list procedures provided for by regulation; and
b. encourage the voluntary use of private funds as a means to create additional innovative service arrangements.
6. (New section) a. The department shall not require any financial contribution, which is made by a person with a developmental disability or the person's family member, guardian or friend, or through a trust or other similar device to fund an innovative service arrangement while waiting for assistance from the department, to continue beyond the time that the person would otherwise become eligible for assistance from the department, in accordance with the procedures for the waiting list for services maintained by the department, provided for by regulation.
b. The person with a developmental disability and a legally responsible relative shall remain liable for maintenance in accordance with R.S.30:4-66; however, nothing in this act shall expand any such liability or make a person with a developmental disability, family member, guardian, friend, trust, or other similar device liable to a claim for reimbursement which did not exist prior to the enactment of this act.
7. (New section) The department shall ensure that a person with a developmental disability shall not be removed involuntarily from a waiting list for services maintained by the department because of a private placement in an innovative service arrangement.
8. (New Section) Nothing in this act shall be construed to: sanction or prohibit any particular form of service; or impact the current requirement to maintain eligibility for the Medicaid program.
9. (New section) a. The Commissioner of Human Services may designate one division within the department to have lead authority to implement the provisions of this act.
b. A dispute which might arise shall be resolved in accordance with the appeal procedure of the department, or the division designated pursuant to subsection a. of this section to implement the provisions of this act.
c. One year after the effective date of this act, and annually thereafter, the commissioner shall report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature on the implementation of this act.
10. (New section) Any rules and regulations adopted by the Commissioner of Human Services to effectuate the purposes of this act shall be adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and, at a minimum, shall address:
a. the purposes of this act as delineated in section 2 of this act; and
b. the development of innovative service arrangements in a manner consistent with the purposes of the federal "Developmental Disabilities Assistance and Bill of Rights Act of 2000," Pub.L.106-402, 42 U.S.C. s.15001 et seq. and P.L.2003, c.54, so that persons with developmental disabilities and their families participate in the design of, and have access to: needed community services; individualized supports, including transportation; and other forms of assistance which promote self-determination, independence, productivity, and integration and inclusion in all facets of community life.
11. Section 3 of P.L.2008, c.128 (C.30:6D-12.3) is amended to read as follows:
3. As used in this act:
"Commissioner" means the Commissioner of Human Services.
"Department" means the Department of Human Services.
"Developmental disability" means developmental disability as defined in section 3 of P.L.1977, c.82 (C.30:6D-3).
"Self-directed support services" means an arrangement in which funding is made available by the department, through the Division of Developmental Disabilities or any other division in the department, to a person with a developmental disability or person who has been authorized to serve as a fiduciary of the person with a developmental disability, who is living in his own home, the home of a family member or guardian, or some other similar living environment. The purpose of the arrangement is to support the needs of the person with a developmental disability by allowing the person, or his family or guardian, or both, to determine the nature and scope of services to be provided, in lieu of the department placing the person with a developmental disability in a [residential] program operated by the department directly or by contracting with a [residential] provider of services for persons with developmental disabilities.
"Services" means services as defined in section 3 of P.L.1977, c.82 (C.30:6D-3).
(cf: P.L.2008, c.128, s.3)
12. This act shall take effect on the 180th day after the date of enactment, but the Commissioner of Human Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill, designated the "Innovative Services for Persons with Developmental Disabilities Act," requires the Department of Human Services (DHS) to encourage the establishment of a wide variety of innovative service arrangements for persons with developmental disabilities. These arrangements for residential or day services are to include self-directed services or other arrangements that are different from those commonly used by DHS. DHS is to ensure that the establishment of these arrangements does not unfairly benefit a person with the financial means to purchase services to the detriment of other persons with developmental disabilities without such means. Additionally, DHS may not require certain financial contributions, which are made while waiting for assistance from DHS, to continue beyond the time that a person with a developmental disability would become eligible for assistance from DHS, in accordance with DHS waiting list procedures.
The bill defines "innovative service arrangements" as residential or day services for persons with developmental disabilities which are consistent with the provisions of the bill and include: selfdirected support services, as defined in section 3 of P.L.2008, c.128 (C.30:6D-12.3); or other arrangements that include, but are not limited to, a service arrangement that is: privately funded, in whole or in part, with DHS assurances to undertake the funding to the extent that State funding later becomes available; not traditionally used to serve persons with developmental disabilities; funded, in whole or part, by other governmental sources; designed to attract private funding; or some combination of these provisions.
The bill requires DHS to seek funding for these arrangements in any application for federal assistance or reimbursement, through Medicaid or another program, unless doing so would be unsuitable or contrary to federal requirements.
A person with a developmental disability and a legally responsible relative are to remain liable for maintenance, in accordance with R.S.30:4-66; however, the bill does not expand liability.
The bill requires DHS to ensure that a person with a developmental disability is not removed involuntarily from a DHS waiting list for services because of private placement in an innovative service arrangement. Additionally, the bill is not to be construed to: sanction or prohibit any particular service; or impact the current requirement to maintain Medicaid eligibility.
The Commissioner of Human Services is authorized to designate one division within DHS to have lead authority to implement the bill. A dispute which might arise is to be resolved in accordance with the appeal procedure of DHS, or the division with lead authority. One year after the effective date of the bill, and annually thereafter, the commissioner is to report to the Governor and the Legislature on implementation.
Additionally, the definition of "self-directed support services" in section 3 of P.L.2008, c.128 (C.30:6D-12.3) is expanded so that selfdirected support service arrangements (in which DHS funding is made available to a person with a developmental disability or another person authorized to serve as the person's fiduciary) may be made in any DHS program or in contracting with any provider, rather than limiting these arrangements to only residential placements or contracts with residential service providers.
