Bill Text: NJ A4021 | 2012-2013 | Regular Session | Introduced
Bill Title: "Protection for Individuals with Developmental Disabilities in Institutional and Community Settings Act."
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2013-04-25 - Introduced, Referred to Assembly Human Services Committee [A4021 Detail]
Download: New_Jersey-2012-A4021-Introduced.html
Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
"Protection for Individuals with Developmental Disabilities in Institutional and Community Settings Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning persons with developmental disabilities and supplementing Titles 26 and 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Protection for Individuals with Developmental Disabilities in Institutional and Community Settings Act."
2. As used in sections 2 to 6, 8 to 10, and 12 to 19 of P.L. , c. (C. ) ( pending before the Legislature as this bill):
"Authorized family member" means a relative of the individual with a developmental disability, authorized by the individual's guardian, or by the individual if the individual is his own guardian, to receive information pursuant to P.L. , c. (C. ) ( pending before the Legislature as this bill).
"Commissioner" means the Commissioner of Human Services.
"Community residence for the developmentally disabled" means a community residence for the developmentally disabled as defined in section 2 of P.L.1977, c.448 (C.30:11B-2), and includes, but is not limited to, group homes and supervised apartments.
"Day program" means a program that an individual with a developmental disability attends on a regular basis to receive training in life and vocational skills, as appropriate, during daytime hours.
"Department" means the Department of Human Services.
"Developmental center" means a State developmental center.
"Licensee" means an individual, partnership, corporation, or other entity responsible for providing services associated with the operation of a community residence for the developmentally disabled or private licensed facility, as applicable.
"Negative licensing action" means an action taken that imposes a restriction on a licensee of a community residence for the developmentally disabled or private licensed facility, and may include suspension of admissions, issuance of a provisional license, reduction in the licensed capacity, non-renewal of a license, suspension of a license, or revocation of a license.
"Office of Licensing" or "office" means the licensing unit of the Department of Human Services for programs in the Division of Developmental Disabilities.
"Private licensed facility" means a facility licensed by the Department of Human Services to provide services to individuals with developmental disabilities, but is not operated by the State.
"Staff member" means a person whose employment involves providing direct care to individuals with developmental disabilities residing in a community residence for the developmentally disabled, developmental center or private licensed facility, or providing services to enhance the life or vocational skills of individuals with developmental disabilities attending a day program, but excludes health care professionals licensed pursuant to Title 45 of the Revised Statutes.
"Substantiated" means the available information obtained during the investigation of an allegation of abuse, neglect, or exploitation indicates a finding by a preponderance of the evidence that an individual with a developmental disability has been harmed or placed at substantial risk of harm by a caretaker or staff member.
"Supervised apartment" means an apartment that is occupied by an individual with a developmental disability and is leased or owned by a licensee of a community residence for the developmentally disabled.
"Unfounded" means the available information obtained during the investigation of an allegation of abuse, neglect, or exploitation indicates a finding that there is no risk to the safety or welfare of the individual with a developmental disability.
"Unsubstantiated" means the available information obtained during the investigation of an allegation of abuse, neglect, or exploitation provides some indication of a finding that an individual with a developmental disability has been harmed or placed at substantial risk of harm by a caretaker or staff member.
3. A community residence for the developmentally disabled shall be subject to the following provisions:
a. If a licensee of a community residence for the developmentally disabled is required to provide a plan of correction as a result of an inspection by the Office of Licensing that provides for inquiry into the facilities, records, equipment, sanitary conditions, accommodations, and management of an individual with a developmental disability, and that plan has not been successfully implemented, as determined by the supervisor of the case manager of the individual or the office, within 30 days of the date that the licensee submitted the plan to the office, the individual with a developmental disability residing in that residence shall be removed from the residence if the supervisor, in consultation with the office, determines that the licensee's failure to implement the plan of correction threatens the health and well-being of that individual.
b. If the health, safety, or well-being of an individual with a developmental disability residing in a community residence for the developmentally disabled is threatened because of a licensee's noncompliance with the standards adopted by regulation of the department, the individual with a developmental disability shall be removed from the residence, and the licensee shall be subject to negative licensing action by the Office of Licensing.
c. (1) The department shall have the authority to impose a penalty in an amount of $350 per day on the licensee of a community residence for the developmentally disabled for a repeated failure to implement a required plan of correction. The penalty shall be payable to the Treasurer of the State of New Jersey and shall be used to provide services to individuals with developmental disabilities.
(2) If the department determines that a repeated failure to implement a required plan of correction endangers the health and well-being of an individual with a developmental disability, the department may, upon notice and after hearing, revoke the license issued to operate the community residence for the developmentally disabled.
4. A private licensed facility shall be subject to the following provisions:
a. If a licensee of a private licensed facility is required to provide a plan to correct deficiencies as a result of an inspection by the Office of Licensing that provides for inquiry into the physical environment, records, equipment, sanitary conditions, accommodations, and management of an individual with a developmental disability, and those deficiencies have not been corrected within 30 days of the date that the licensee submitted the plan to the office, the individual with a developmental disability residing in that facility shall be removed from the facility if the office determines that the licensee's failure to implement the plan to correct the deficiencies threatens the health and well-being of that individual.
b. If the health, safety, or well-being of an individual with a developmental disability residing in a private licensed facility is threatened because of a licensee's noncompliance with the standards adopted by regulation of the department, the individual with a developmental disability shall be removed from the private licensed facility, and the licensee shall be subject to negative licensing action by the Office of Licensing.
c. (1) The department shall have the authority to impose a penalty in an amount of $350 per day on the licensee of a private licensed facility for a repeated failure to implement a plan to correct the deficiencies. The penalty shall be payable to the Treasurer of the State of New Jersey and shall be used to provide services to individuals with developmental disabilities.
(2) If the department determines that a repeated failure to implement a plan to correct deficiencies endangers the health and well-being of an individual with a developmental disability, the department may, upon notice and after hearing, revoke the license issued to operate the private licensed facility.
5. A developmental center shall be subject to the following provisions:
a. If a developmental center is required to provide a plan to correct deficiencies as a result of an inspection by the Division of Health Facilities Evaluation and Licensing in the Department of Health that allows for inquiry into the physical environment, records, equipment, sanitary conditions, accommodations, and management of an individual with a developmental disability, and those deficiencies have not been corrected within 30 days of the date that the developmental center submitted the plan to the division, the individual with a developmental disability residing in that developmental center shall be removed from the developmental center if the division determines that the developmental center's failure to implement the plan to correct the deficiencies threatens the health and well-being of that individual.
b. If the health, safety, or well-being of an individual with a developmental disability residing in a developmental center is threatened because of the developmental center's noncompliance with the federal standards adopted under Part 483 of Title 42 of the Code of Federal Regulations, the individual with a developmental disability shall be removed from the developmental center. The developmental center shall be subject to such negative action against its certification as determined by the division, in accordance with federal law.
c. If the division determines that failure to implement a plan of correction poses an immediate jeopardy to the health and safety of the residents, the division shall terminate the certification of the developmental center, as provided for in section 442.117 of Title 42, Code of Federal Regulations.
6. A provider of a day program shall submit to the Division of Developmental Disabilities in the department a plan to correct deficiencies as a result of an inspection by the Office of Licensing or another unit of the department that provides for inquiry into the physical environment, records, equipment, sanitary conditions, and management of an individual with a developmental disability attending the day program. A day program shall be subject to the following provisions:
a. If a provider of a day program is required to provide a plan to correct deficiencies as a result of an inspection conducted pursuant to this section, and that plan has not been successfully implemented, as determined by the Office of Licensing or another unit of the department, within 30 days of the date that the provider of the day program submitted the plan to the office or other unit of the department, as applicable, an individual with a developmental disability shall no longer attend that day program if the office or other unit of the department determines that the failure of the day program to implement the plan threatens the health and well-being of that individual.
b. If the health, safety, or well-being of an individual with a developmental disability attending a day program is threatened because the day program is not capable of providing a healthy and safe environment to an individual with a developmental disability, as determined by an inspection conducted pursuant to this section, the Division of Developmental Disabilities may remove the individual with a developmental disability from the day program and the department may, upon notice and after hearing, reduce the number of individuals with developmental disabilities eligible for services from the department who attend the day program or take such other negative action against the provider of the day program as the department determines necessary.
c. (1) The department shall have the authority to impose a penalty in an amount of $350 per day on the provider of a day program for a repeated failure to implement a plan to correct deficiencies. The penalty shall be payable to the Treasurer of the State of New Jersey and shall be used to provide services to individuals with developmental disabilities.
(2) If the department determines that a repeated failure to implement a plan to correct deficiencies endangers the health and well-being of an individual with a developmental disability attending the day program, the department may, upon notice and after hearing, rescind the contract of the provider of the day program with the Division of Developmental Disabilities or the department, as applicable, or take such other negative action against the provider as the division or department determines necessary.
7. A nursing home licensed by the Department of Health shall be subject to the following provisions:
a. If a licensee of a nursing home is required to provide a plan to correct deficiencies as a result of an inspection by the Division of Health Facilities Evaluation and Licensing in the Department of Health that provides for inquiry into the facilities, records, equipment, sanitary conditions, accommodations, and management of an individual with a developmental disability, and those deficiencies have not been corrected within 30 days of the date that the licensee submitted the plan to the division, the individual with a developmental disability residing in that nursing home shall be removed from the nursing home if the division determines that the licensee's failure to implement the plan to correct the deficiencies threatens the health and well-being of that individual.
b. If the health, safety, or well-being of an individual with a developmental disability residing in a nursing home is threatened because of a licensee's noncompliance with the standards adopted by regulation of the department, the individual with a developmental disability shall be removed from the nursing home, and the licensee shall be subject to negative licensing action.
c. (1) The department shall have the authority to impose a penalty in an amount of $350 per day on the licensee of the nursing home for a repeated failure to implement a plan to correct the deficiencies. The penalty shall be payable to the Treasurer of the State of New Jersey and shall be used to provide services to individuals with developmental disabilities.
(2) If the department determines that a repeated failure to implement a plan to correct deficiencies endangers the health and well-being of an individual with a developmental disability, the department may, upon notice and after hearing, revoke the license issued to operate the nursing home.
d. Before taking negative licensing action pursuant to this section, the department shall give notice personally, or by mail, to the last known address of the licensee of a nursing home with return receipt requested. The notice shall afford the licensee the opportunity to be heard and to contest the department's action. The hearing shall be conducted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
e. As used in this section, "negative licensing action" means an action taken that imposes a restriction on a licensee and may include suspension of admissions, issuance of a provisional license, reduction in the licensed capacity, non-renewal of a license, suspension of a license, or revocation of a license.
8. a. The Department of Human Services shall require a community residence for the developmentally disabled to comply with the following provisions as a condition of maintaining its license:
(1) A staff member of a community residence for the developmentally disabled shall, annually, undergo an examination by a physician to ascertain whether the staff member is physically and mentally capable of fulfilling the job duties of a staff member, as specified on the form listing a staff member's job duties prepared by the department pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) and completed by the physician pursuant to this subsection. Upon conclusion of the examination, the physician shall provide the staff member with a statement as to whether the staff member is capable of fulfilling the duties of a staff member, and shall complete and attach the form on which the physician shall indicate, for each duty, whether the staff member is capable of fulfilling the duty. The licensee of the community residence for the developmentally disabled may, at its discretion, require further physical or mental health examinations of the staff member.
(2) Upon receipt of the physician statement and the form completed pursuant to paragraph (1) of this subsection, a staff member shall provide the statement and form to the licensee of the community residence for the developmentally disabled. If a staff member fails to provide the statement and form, the licensee shall have the authority to: stop any payments to the staff member; seek recovery of any payments to the staff member from the date that the statement and form were due; and not resume payment until such time as the staff member submits the statement and form.
(3) If, after undergoing the examination, a staff member is unable to provide the physician statement and the form completed pursuant to paragraph (1) of this subsection, the licensee of the community residence for the developmentally disabled may reassign the staff member to duties that do not involve contact with individuals with developmental disabilities.
b. (1) In the event that an individual with a developmental disability is not capable of managing the individual's own funds, a staff member of a community residence for the developmentally disabled who is responsible for making purchases and disbursements on the individual's behalf shall not make such a purchase or disbursement unless that purchase or disbursement reflects the specific needs of the individual with a developmental disability.
(2) Over a four-year period, the Office of Auditing in the department shall review a random sample of one month's worth of receipts or records for purchases and disbursements made on behalf of each individual with a developmental disability residing in a community residence for the developmentally disabled. The case manager and the case manager's supervisor shall also review a random sample of receipts or records of such purchases and disbursements when conducting visits pursuant to section 8 of P.L.1983, c.524 (C.30:6D-20) or section 14 of P.L. c. (C. ) ( pending before the Legislature as this bill). If it is determined that a purchase or disbursement does not reflect the specific needs of the individual with a developmental disability, that fact shall be documented and the commissioner or the commissioner's designee shall be so advised. The commissioner or the commissioner's designee may instruct the licensing agency to take negative licensing action.
(3) (a) If there is evidence from a review of a random sampling of receipts or records performed pursuant to paragraph (2) of this subsection that an inappropriate purchase or disbursement entailed an egregious amount of money, the commissioner or the commissioner's designee shall report the purchase or disbursement to the Attorney General.
(b) If there is evidence that a case manager was aware of an egregious inappropriate purchase or disbursement and failed to document that fact or notify the case manager's supervisor, the commissioner or the commissioner's designee shall notify the Attorney General.
c. A staff member shall annually attend a continuing education program conducted or approved by the department, as provided for in section 12 of P.L. , c. (C. ) ( pending before the Legislature as this bill).
d. A staff member shall demonstrate to the case manager the staff member's ability to provide any physical assistance that individuals in the community residence for the developmentally disabled may require.
e. A staff member shall immediately notify the responsible placing agency in the event of a lapse in the individual's participation or attendance in the individual's day program that exceeds a duration of five consecutive days, with the exception of a planned vacation or a documented medical reason.
9. a. The Department of Human Services shall require a developmental center and private licensed facility to comply with the following provisions:
(1) A staff member of a developmental center or private licensed facility shall, annually, undergo an examination by a physician to ascertain whether the staff member is physically and mentally capable of fulfilling the job duties of a staff member, as specified on the form listing a staff member's job duties prepared by the department pursuant to section 12 of P.L. , c. (C. ) (pending before the Legislature as this bill) and completed by the physician pursuant to this subsection. Upon conclusion of the examination, the physician shall provide the staff member with a statement as to whether the staff member is capable of fulfilling the duties of a staff member, and shall complete and attach the form on which the physician shall indicate, for each duty, whether the staff member is capable of fulfilling the duty. The chief executive officer of the developmental center or private licensed facility or the officer's designee may, at the officer's or designee's discretion, require further physical or mental health examinations of the staff member.
(2) Upon receipt of the physician statement and the form completed pursuant to paragraph (1) of this subsection, a staff member shall provide the statement and form to the chief executive officer of the developmental center or private licensed facility or the officer's designee. If a staff member fails to provide the statement and form completed pursuant to paragraph (1) of this subsection, the chief executive officer or the officer's designee shall have the authority to: stop any payments to the staff member; seek recovery of any payments to the staff member from the date that the statement and form were due; and not resume payment until such time as the staff member submits the statement and form.
(3) The chief executive officer or the officer's designee may reassign the staff member to duties that do not involve contact with individuals with developmental disabilities. If the staff member is employed by the department, the staff member shall retain any available right of review by the Civil Service Commission.
b. (1) In the event that an individual with a developmental disability is not capable of managing the individual's own funds, a staff member who is responsible for making purchases and disbursements on the individual's behalf shall not make such a purchase or disbursement unless that purchase or disbursement reflects the specific needs of the individual with a developmental disability.
(2) Over a four-year period, the Office of Auditing in the department shall review a random sample of one month's worth of receipts or records for purchases and disbursements made on behalf of each individual with a developmental disability residing in a developmental center or private licensed facility. If it is determined that a purchase or disbursement does not reflect the specific needs of the individual with a developmental disability, that fact shall be documented and the commissioner or the commissioner's designee shall be so advised. The department may take negative licensing action against a private licensed facility.
In the case of a developmental center, the department shall advise the Division of Health Facilities Evaluation and Licensing in the Department of Health for the purpose of taking negative action against the certification of the developmental center.
(3) If there is evidence from a review of a random sampling of receipts or records performed pursuant to paragraph (2) of this subsection that an inappropriate purchase or disbursement entailed an egregious amount of money, the commissioner or the commissioner's designee shall report the purchase or disbursement to the Attorney General.
c. A staff member of a developmental center or private licensed facility shall annually attend a continuing education program conducted or approved by the department, as provided for in section 12 of P.L. , c. (C. ) ( pending before the Legislature as this bill).
d. A staff member shall demonstrate to the chief executive officer of the developmental center or private licensed facility, or the officer's designee, the staff member's ability to provide any physical assistance that individuals in the developmental center or private licensed facility may require.
10. a. The Department of Human Services shall require a day program to comply with the following provisions as a condition of operating a day program for individuals with developmental disabilities eligible for services from the Division of Developmental Disabilities.
(1) A staff member of a day program shall, annually, undergo an examination by a physician to ascertain whether the staff member is physically and mentally capable of fulfilling the job duties of a staff member, as specified on the form listing a staff member's job duties prepared by the department pursuant to section 12 of P.L. , c. (C. ) ( pending before the Legislature as this bill) and completed by the physician pursuant to this subsection. Upon conclusion of the examination, the physician shall provide the staff member with a statement as to whether the staff member is capable of fulfilling the duties of a staff member, and shall complete and attach the form on which the physician shall indicate, for each duty, whether the staff member is capable of fulfilling the duty. The provider of a day program may, at its discretion, require further physical or mental health examinations of the staff member.
(2) Upon receipt of the physician statement and the form completed pursuant to paragraph (1) of this subsection, a staff member shall provide the statement and form to the provider of the day program. If a staff member fails to provide the statement and form, the provider shall have the authority to: stop any payments to the staff member; seek recovery of any payments to the staff member from the date that the statement and form were due; and not resume payment until such time as the staff member submits the statement and form.
(3) If, after undergoing the examination, a staff member is unable to provide the physician statement and the form completed pursuant to paragraph (1) of this subsection, the provider of the day program may reassign the staff member to duties that do not involve contact with individuals with developmental disabilities.
b. A staff member shall annually attend a continuing education program conducted or approved by the department, as provided for in section 12 of P.L. , c. (C. ) ( pending before the Legislature as this bill).
c. A staff member shall demonstrate to the provider of a day program the staff member's ability to provide any physical assistance that individuals attending the day program may require.
11. a. The Department of Health shall require a nursing home to comply with the following provisions:
(1) A staff member of a nursing home shall, annually, undergo an examination by a physician to ascertain whether the staff member is physically and mentally capable of fulfilling the job duties of a staff member, as specified on the form listing a staff member's job duties prepared by the Department of Human Services in consultation with the Department of Health pursuant to section 12 of P.L. , c. (C. ) ( pending before the Legislature as this bill), and completed by the physician pursuant to this subsection. Upon conclusion of the examination, the physician shall provide the staff member with a statement as to whether the staff member is capable of fulfilling the duties of a staff member, and shall complete and attach the form on which the physician shall indicate, for each duty, whether the staff member is capable of fulfilling the duty. The nursing home administrator or the administrator's designee may, at the administrator's or designee's discretion, require further physical or mental health examinations of the staff member.
(2) Upon receipt of the physician statement and the form completed pursuant to paragraph (1) of this subsection, a staff member shall provide the statement and form to the nursing home administrator or the administrator's designee. If a staff member fails to provide the statement and the form completed pursuant to paragraph (1) of this subsection, the nursing home administrator or the administrator's designee shall have the authority to: stop any payments to the staff member; seek recovery of any payments to the staff member from the date that the statement and form were due; and not resume payment until such time as the staff member submits the statement and form.
(3) The nursing home administrator or the administrator's designee may reassign the staff member to duties that do not involve contact with individuals with developmental disabilities.
b. (1) In the event that an individual with a developmental disability is not capable of managing the individual's own funds, a staff member who is responsible for making purchases and disbursements on the individual's behalf shall not make such a purchase or disbursement unless that purchase or disbursement reflects the specific needs of the individual with a developmental disability.
(2) Over a four-year period, the Office of Auditing in the Department of Human Services shall review a random sample of one month's worth of receipts or records for purchases and disbursements made on behalf of each individual with a developmental disability residing in a nursing home. If it is determined that a purchase or disbursement does not reflect the specific needs of the individual with a developmental disability, that fact shall be documented and the Commissioner of Health or the commissioner's designee shall be so advised. The commissioner or the commissioner's designee may instruct the Division of Health Facilities Evaluation and Licensing in the Department of Health to take negative licensing action.
(3) If there is evidence from a review of a random sampling of receipts or records performed pursuant to paragraph (2) of this subsection that an inappropriate purchase or disbursement entailed an egregious amount of money, the commissioner or the commissioner's designee shall report the purchase or disbursement to the Attorney General.
c. A staff member shall annually attend a continuing education program conducted or approved by the Department of Human Services, in consultation with the Department of Health, as provided for in section 12 of P.L. , c. (C. ) ( pending before the Legislature as this bill).
d. A staff member shall demonstrate to the nursing home administrator or the administrator's designee the staff member's ability to provide any physical assistance that individuals with developmental disabilities residing in the nursing home may require.
e. As used in this section, "staff member" means a person whose employment involves providing direct care to individuals with developmental disabilities residing in a nursing home, but excludes health care professionals licensed pursuant to Title 45 of the Revised Statutes.
12. a. The department may issue a provisional license to operate a community residence for the developmentally disabled or private licensed facility, not to exceed a three-month period, during which time the licensee of the community residence for the developmentally disabled or the licensee of the private licensed facility, as appropriate, shall demonstrate the ability to comply with the provisions of P.L. , c. (C. ) ( pending before the Legislature as this bill) and the applicable licensing standards adopted by regulation of the department.
b. The department shall conduct, or approve another entity to conduct, a continuing education program for a staff member of a community residence for the developmentally disabled, developmental center, private licensed facility, and day program.
c. The department shall prepare a form listing the job duties of a staff member of a community residence for the developmentally disabled, developmental center, private licensed facility and day program, and shall annually distribute the form for completion by the physician of the staff member, as appropriate, in accordance with the provisions of sections 8, 9, and 10 of P.L. , c. (C. ) (pending before the Legislature as this bill), as applicable. The form shall contain a check list on which the physician shall indicate a person's ability to perform each duty.
d. The department, in consultation with the Department of Health, shall:
(1) conduct, or approve another entity to conduct, a continuing education program for a staff member of a nursing home, as defined in subsection e. of section 11 of P.L. , c. (C. ) ( pending before the Legislature as this bill); and
(2) prepare a form listing the job duties of a staff member of a nursing home and shall annually distribute the form for completion by the physician of the staff member in accordance with the provisions of section 11 of P.L. , c. (C. ) ( pending before the Legislature as this bill). The form shall contain a check list on which the physician shall indicate a staff member's ability to perform each duty.
13. a. A case manager conducting a visit to an individual with a developmental disability, in accordance with the provisions of section 8 of P.L.1983, c.524 (C.30:6D-20), shall, upon completion of the visit, provide a written report to the case manager's supervisor and, if requested, to the guardian or authorized family member, as appropriate, of the individual with a developmental disability. The report, which shall be sent electronically to the case manager's supervisor and, if practicable, electronically to the guardian or authorized family member, shall include information pertaining to the care and safety of the individual with a developmental disability, including, but not limited to, personal hygiene and grooming, nutritional and clothing needs, overall sanitary and living conditions of the community residence for the developmentally disabled, and the general well-being of the individual with a developmental disability.
The reports made pursuant to this subsection may be shared with persons other than the guardian or authorized family member, if the guardian or individual with the developmental disability so authorizes in writing.
b. The case manager shall also review, on a monthly basis, any records required to be maintained on behalf of an individual with a developmental disability. The case manager's supervisor shall review the records when the supervisor performs the visit required by section 14 of P.L. , c. (C. ) ( pending before the Legislature as this bill). The case manager or supervisor, or both, as applicable, shall provide written documentation that the records were reviewed and include that documentation with the other records maintained on behalf of an individual with a developmental disability.
14. The supervisor of a case manager shall, over a three-year period, visit 100 percent of the individuals with developmental disabilities who are assigned to the case manager, except that individuals who are their own guardians may decline such visits by providing a written statement to that effect to the department. One third of the visits shall be conducted in each of the first three years. If, after three years, the supervisor determines, based on certain factors, including, but not limited to, the number and age of the individuals with developmental disabilities residing in a community residence for the developmentally disabled, the individuals' regular attendance at day programs, and lack of complaints after three years, the individuals in the community residence for the developmentally disabled are not at risk for abuse, neglect, or exploitation, the visits may be reduced to one visit every four years.
a. Each visit shall be conducted by the supervisor of the case manager in coordination with a case manager who is unaffiliated with, and unfamiliar to, the assigned case manager. The supervisor and unaffiliated case manager shall prepare and provide to the guardian or authorized family member of the individual with a developmental disability a written report pertaining to the care and safety of that individual.
b. If, as a result of a visit conducted pursuant to subsection a. of this section, a supervisor determines that a community residence for the developmentally disabled is not capable of providing care or training, or both, to an individual with a developmental disability the supervisor shall so advise the commissioner or the commissioner's designee, who shall instruct the licensing agency to take negative licensing action. In such a case, the supervisor shall provide a copy of the written report prepared pursuant to section 13 of P.L. , c. (C. ) ( pending before the Legislature as this bill) and the written report concerning a community residence for the developmentally disabled prepared pursuant to a. of this section to the commissioner or the commissioner's designee.
c. If, based on the supervisor's and unaffiliated case manager's visit and input from family members or the guardian of the individual with a developmental disability, the supervisor determines that the individual would benefit from a change in the individual's case manager, the supervisor shall assign a different case manager to the individual.
d. The Office of Licensing shall annually conduct routine unannounced visits of 25 percent of community residences for the developmentally disabled Statewide. These visits shall include a review of financial records, including receipts for purchases and disbursement.
15. Before taking a negative licensing action or any other negative action pursuant to P.L. , c. (C. ) ( pending before the Legislature as this bill), the department shall give notice personally, or by mail, to the last known address of the licensee of a community residence for the developmentally disabled or private licensed facility, or the provider of a day program, as appropriate, with return receipt requested. The notice shall afford the licensee or provider the opportunity to be heard and to contest the department's action. The hearing shall be conducted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
16. The Special Response Unit shall compile data about any investigation conducted as a result of a report made pursuant to section 3 of P.L.2010, c.5 (C.30:6D-75) concerning abuse, neglect, or exploitation of an individual with a developmental disability residing in a community residence for the developmentally disabled, developmental center, private licensed facility, or nursing home, and shall issue an annual report as provided in this section. The report, which shall be made available on the website of the department and contain non-identifying information, shall, at a minimum, include:
a. the number of individuals with developmental disabilities who were the subject of an allegation of abuse, neglect, or exploitation, and the number of substantiated, unsubstantiated, and unfounded allegations;
b. the number of deaths, if any, of individuals with developmental disabilities who were the subject of a report of abuse, neglect, or exploitation, the cause of death, and the types of residences in which the individuals resided;
c. the number of case managers or case managers' supervisors who have been reassigned or terminated, or both, as a result of an investigation of abuse, neglect, or exploitation of an individual with a developmental disability; and
d. the number of case managers or case managers' supervisors against whom a civil or criminal action has been brought as a result of an allegation of abuse, neglect, or exploitation of an individual with a developmental disability.
17. a. In addition to the requirements of section 12 of P.L.2012, c.69 (C.30:6D-5.16), a provider of a day program shall submit to the Division of Developmental Disabilities a copy of its monthly report of individuals with developmental disabilities who attend the day program. The report shall be submitted no later than 14 days after the end of each month.
b. A provider of a day program shall not seek reimbursement from the department for an individual with a developmental disability who is scheduled to attend the day program, but has not attended the program for 30 consecutive days. A provider who seeks reimbursement in violation of this subsection shall refund a payment received from the department on behalf of that individual, and shall be subject to a penalty of $1,000 per day, per individual listed on the monthly attendance report as being in attendance, but who was not in attendance. The penalty shall be sued for and collected in a summary proceeding by the commissioner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. If an individual with a developmental disability who is scheduled to attend a day program is absent from the program for 30 consecutive days, the provider of the day program shall, no later than 14 days after the end of the 30 days, notify the appropriate regional office administrator.
d. The division shall, no later than 28 days after the end of each month, provide a copy of the monthly report submitted by a provider pursuant to this section to:
(1) the appropriate regional office administrator; and
(2) the supervisor of a case manager assigned to an individual with a developmental disability who is scheduled to attend the day program.
e. The division shall provide:
(1) a guardian or authorized family member of an individual with a disability who is scheduled to attend a day program with information pertaining to the individual's monthly attendance at the day program, if requested. The information shall be provided no later than 28 days after the end of the month in which the information was requested; and
(2) a random sampling of the monthly reports to the Special Response Unit, which shall audit attendance of individuals with developmental disabilities who are scheduled to attend a day program.
f. A regional office administrator shall bi-annually conduct an on-site audit of attendance of individuals with developmental disabilities who are scheduled to attend a day program in the office's region.
18. a. A physician examining or treating an individual with a developmental disability who resides in a community residence for the developmentally disabled, developmental center, private licensed facility or nursing home, or the chief executive officer or the officer's designee of a hospital or similar institution to which the individual has been brought for care or treatment, or both, may take the individual into protective custody when the individual has suffered serious physical injury or injuries, or the individual's condition constitutes a life-threatening emergency, as defined in section 2 of P.L.2003, c.191 (C.30:6D-5.2), and the most probable inference from the medical and factual information supplied is that the injury or condition was inflicted upon the individual by another person by other than accidental means, and the person suspected of inflicting, or permitting to be inflicted, the injury upon the individual is a staff member of a community residence for the developmentally disabled, developmental center, private licensed facility, or nursing home where the individual resides and to whom the individual would normally be returned.
b. The physician or the chief executive officer or the officer's designee of a hospital or similar institution taking an individual with a disability into protective custody shall immediately report the action and the condition of the individual with a developmental disability to the department by calling its emergency telephone service.
c. A physician or chief executive officer or the officer's designee who fails to comply with the provisions of this section shall be subject to a penalty of $500. The penalty shall be sued for and collected in a summary proceeding by the commissioner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
19. a. An agency or organization that causes a written, individualized habilitation plan to be developed pursuant to section 10 of P.L.1977, c.82 (C.30:6D-10), on or after the effective date of P.L. , c. (C. ) ( pending before the Legislature as this bill), for an individual with a developmental disability residing in a community residence for the developmentally disabled, developmental center, private licensed facility, or nursing home shall not include the Social Security number of the individual on the plan. In the case of an individualized habilitation plan developed prior to the effective date of P.L. , c. (C. ) ( pending before the Legislature as this bill), the Social Security number of the individual shall be removed from the plan within 60 days of the effective date of P.L. , c. (C. ) ( pending before the Legislature as this bill).
b. A private agency or organization that violates the provisions of subsection a. of this section shall be subject to a penalty of $250 for the first offense and $500 for each subsequent offense. The penalty shall be sued for and collected in a summary proceeding by the commissioner pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
c. In addition to the requirements for the development, revision, and review of an individual habilitation plan pursuant to sections 10 and 12 of P.L.1977, c.82 (C.30:6D-10 and C.30:6D-12), a plan developed, revised, or reviewed for an individual with a developmental disability shall be provided to the community residence for the developmentally disabled where the individual resides, the case manager of the individual with a developmental disability, and the case manager's supervisor, as applicable.
d. If a guardian or authorized family member of an individual with developmental disabilities residing in a community residence for the developmentally disabled, developmental center, private licensed facility, or nursing home is unable to attend the development, revision, or review of the plan, a copy of the plan shall be provided to the guardian or authorized family member of the individual, and the guardian or authorized family member, as appropriate, shall sign and return a copy of the plan to the agency or organization responsible for the development, revision, or review of the plan.
20. The Commissioners of Human Services and Health shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to carry out the provisions of this act.
21. This act shall take effect on the 180th day after the date of enactment, but the Commissioners of Human Services and Health may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill is designed to provide protections for individuals with developmental disabilities residing in community residences for the developmentally disabled, developmental centers, private licensed facilities, and nursing homes. "Community residences for the developmentally disabled" are defined in the bill as including, but not limited to, group homes and supervised apartments. The bill also includes protections for individuals with developmental disabilities who attend day programs in the community.
Under the provisions of the bill, if an inspection of one of these residences or programs by the Department of Human Services (DHS) or the Department of Health (DOH), as applicable, requires the submission of a plan of to correct deficiencies and that plan has not been successfully implemented within 30 days, an individual with a developmental disability is to be removed if it is determined that failure to implement the plan threatens the individual's health and well-being. For a repeated failure to implement the plan, a license may be revoked, or any other negative action may be taken against the provider of the services.
In the case of a developmental center, which is inspected by the Division of Health Facilities Evaluations and Licensing in DOH and is required to comply with federal standards, the bill also requires removal of an individual if failure to implement a plan of correction threatens the individual's health and well-being, and provides that the developmental center is subject to negative action against its certification, in accordance with federal regulations.
The bill also requires a staff member providing direct care to individuals with developmental disabilities to annually undergo an examination by a physician to ascertain physical and mental ability to fulfill job duties. The physician is to provide a statement and complete a form indicating ability to perform each duty. Failure to provide these documents may result in non-payment, recovery of prior payments, and no resumption of payment until a staff member submits the statement and form. A staff member employed by DHS retains any available right of review by the Civil Service Commission.
If an individual with a developmental disability is incapable of managing his own funds, a staff member is restricted from making purchases and disbursements that do not reflect specific needs of the individual. Over a four-year period, the Office of Auditing in DHS is to review a sample of one month's receipts for purchases and disbursements made on behalf of the individual. A case manager and the case manager's supervisor are also to review a random sample of receipts when they conduct visits to residences. If it is determined that purchases or disbursements do not reflect the individual's specific needs, that fact is documented and the Commissioner of Human Services or the commissioner's designee is to be advised. In addition, if there is evidence of an inappropriate purchase or disbursement entailing an egregious amount, the Attorney General is to be notified.
The bill also requires staff members to annually attend a continuing education program and demonstrate the ability to provide physical assistance to individuals with developmental disabilities under their care. For individuals with developmental disabilities who reside in community residences for the developmentally disabled and attend day programs, a staff member of these residences is to notify the placing agency of a lapse in attendance at a day program that exceeds five days, except for vacations or medical reasons. The bill also limits provisional licenses to a three-month, rather than the current six-month, period.
The bill provides for oversight of case management and requires a case manager to provide a supervisor with a written report pertaining to care and safety of an individual with a developmental disability when monthly visits to individuals with developmental disabilities are conducted pursuant to section 8 of P.L.1983, c.524 (C.30:6D-20). Reports are to be sent to the guardian or authorized family member of the individual, and shared with others if the guardian or individual so authorizes. In addition, individuals' records are to be reviewed and the reviews are to be documented.
Over a three-year period, a case manager's supervisor is to visit 100 percent of the individuals with developmental disabilities who are assigned to the case manager, except that individuals who are their own guardians may decline. After three years, if the supervisor determines that individuals are not at risk for abuse, neglect, or exploitation, the supervisor visits may be reduced to one every four years. Visits are to be conducted in coordination with a case manager who is unaffiliated with, and unfamiliar to, the assigned case manager, and written reports about the visits are to be provided to the guardian or authorized family member. A different case manager is to be assigned if it is determined that the individual would benefit from such a change.
In addition, the Office of Licensing in DHS is to annually conduct routine unannounced visits of 25 percent of community residences for the developmentally disabled Statewide.
The bill requires the Special Response Unit in DHS to compile data about investigations and issue an annual report, which is to be available on the DHS website and contain non-identifying information about individuals with developmental disabilities. The bill also provides for oversight of providers of day programs for individuals with developmental disabilities by requiring that providers submit monthly attendance reports to the Division of Developmental Disabilities (DDD). The providers are subject to a penalty of $1,000 per day, per individual, for seeking reimbursement for an individual who is scheduled to attend, but has not attended, the program for 30 days. Day program providers are also to notify regional office administrators of non-attendance. DDD is to provide a guardian or authorized family member with information pertaining to attendance, and provide SRU with a sampling of the monthly attendance reports for SRU to audit. A regional office administrator is also to biannually conduct on-site audits of attendance reports.
The bill provides physicians and chief executive officers of hospitals with the authority to take an individual into protective custody if there is suspicion that an injury was inflicted by a staff member. Failure to comply would result in a penalty of $500.
The bill also imposes a fine of $250 for the first offense and $500 for the second offense of including an individual's Social Security number on an individualized habilitation plan (IHP), and requires that a copy of an IHP be provided to the community residence for the developmentally disabled where the individual resides, the individual's case manager, the supervisor, as well as the guardian or authorized family members if they are unable to attend the development, revision, or review of an IHP.
Lastly, the bill provides for rule making and has a delayed effective date of the 180th day after the date of enactment, and permits prior administrative action in advance of that date.
