Bill Text: NJ A4088 | 2020-2021 | Regular Session | Introduced
Bill Title: Modifies definition of "caregiver" for purposes of Statewide Respite Care Program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-05-07 - Introduced, Referred to Assembly Human Services Committee [A4088 Detail]
Download: New_Jersey-2020-A4088-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Modifies definition of "caregiver" for purposes of Statewide Respite Care Program.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Statewide Respite Care Program and amending P.L.1987, c.119.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1987, c.119 (C.30:4F-8) is amended to read as follows:
2. As used in this act:
a. "Caregiver" means a spouse, parent, child, relative, or other person who: (1) is 18 years of age or older [and who]; (2) has the primary responsibility of providing [daily] care for [the] an eligible person for at least two days per week; and [who] (3) may receive free or discounted room and board in association with, but does not receive any other financial remuneration for, the provision of care to the eligible person.
b. "Commissioner" means the Commissioner of [the Department of] Human Services.
c. "Co-payment" means financial participation in service costs by the eligible person according to a sliding fee schedule promulgated by the commissioner.
d. "Department" means the Department of Human Services.
e. "Eligible person" means a person 18 years of age or older with a functional impairment who would become at risk of long-term institutional placement if the individual's regular caregiver could not continue in that role without the assistance of temporary home and community support services, including respite care. The term includes an eligible veteran as defined in this section.
f. "Functional impairment" means the presence of a chronic physical or mental disease, illness, or disability as certified by the physician or a sponsor-provided assessment team, which causes physical dependence on others, and which leaves a person unable to attend to his or her basic daily needs without the substantial assistance or continuous supervision of a caregiver.
g. "Provider" means a person, public agency, private nonprofit agency or proprietary agency which is licensed, certified, or otherwise approved by the commissioner to supply any service or combination of services described in subsection h. of this section.
h. "Respite" or
"respite care" means the provision of temporary, short-term care for,
or the supervision of, an eligible person on behalf of the caregiver, either
in [emergencies] an
emergency or on an intermittent basis, to relieve the [daily] stresses and
demands of caring for an adult with a functional impairment. Respite may be
provided hourly, daily, overnight, or on weekends, [may be] on either a paid or
volunteer basis, but may
not exceed service and cost limitations as determined by the commissioner. Respite includes, but is not limited to, the following services:
(1) companion or sitter services;
(2) homemaker and personal care services;
(3) adult day care;
(4) short-term inpatient care in a facility meeting standards which the commissioner determines to be appropriate to provide the care;
(5) emergency care; and
(6) peer support and training for caregivers.
i. "Service plan" means a written document agreed upon by the eligible person, the caregiver, and the sponsor. The service plan shall take into account other services and resources available to the eligible person and [his] the person's caregiver. Services provided pursuant to P.L.1987, c.119 (C.30:4F-7 et seq.) shall not be used to duplicate or supplant existing services or resources available to the eligible person and the person's caregiver. The plan shall:
(1) Document the needs of the eligible person and caregiver for respite care services, using a needs assessment procedure provided or approved by the department;
(2) Identify the outcomes to be achieved and the specific respite care services to be provided to the eligible person and the caregiver to meet their identified needs;
(3) Estimate the frequency and duration of the respite care services; and
(4) Estimate the total cost of the plan and the co-payment an eligible person is required to contribute toward the cost of services provided under the plan.
j. "Sponsor" means the county or regional agency [, either] or public or private nonprofit[, which] that contracts with the department to administer the local respite program, and which is responsible for the recruitment of and payment to providers, the general supervision of the local programs, and the submission of information or reports which may be required by the commissioner. Sponsors shall be selected according to criteria established by the commissioner, which shall include demonstrated support from the county government. Criteria shall also include the potential sponsor's demonstrated ability to coordinate the funds available for this program with other funding sources and to obtain matching or in kind contributions.
k. "Eligible veteran" means a person with a functional impairment arising out of service in the active military or naval service of the United States in any war or conflict on or after September 11, 2001 who has been honorably discharged or released from that service under conditions other than dishonorable, and who meets the requirements for total disability ratings for compensation based upon unemployability of the individual as determined by the United States Department of Veterans Affairs.
(cf: P.L.2017, c.131, s.120)
2. This act shall take effect immediately.
STATEMENT
This bill would modify the definition of "caregiver" for the purposes of the Statewide Respite Care Program (SRCP), which is operated under the jurisdiction of the Department of Human Services (DHS). The SRCP provides funding to facilitate the provision of temporary, short-term care for, or the supervision of, an eligible adult with a functional impairment on behalf of the person's caregiver, either in an emergency or on an intermittent basis, to relieve the stresses and demands of caring for the functionally impaired adult.
The current definition of "caregiver" that is applicable under the SRCP effectively limits the types of caregivers who may benefit from respite care services. In particular, the definition currently specifies that the term only includes those caregivers that provide caregiving services on a daily basis and for no financial remuneration. This definition, therefore, excludes caregivers who provide caregiving services either intermittently throughout the week or only on the weekend. It also excludes caregivers who may receive free room and board while providing caregiving services, but who receive no true monetary compensation for the provision of such care.
In many cases, family caregivers work other full-time jobs, Monday through Friday, and they are not able to provide caregiving services every day. These caregivers who do work full time at other jobs, while still providing caregiving services to relatives on evenings or weekends, are some of the most exhausted caregivers in the State. However, because many do not satisfy the current definition of "caregiver" by regularly providing care on a daily basis, these caregivers are often unable to take advantage of respite care services offered under the SRCP. Similarly, many caregivers have to quit their jobs to move in and take care of a loved one who requires 24-hour care. Because these caregivers have no income and are not contributing to the household's expenses, they are deemed to be receiving remuneration for their services, which currently makes them ineligible for SRCP.
This bill would ensure that caregivers are entitled to benefit from respite care services so long as they provide caregiving services to an eligible person for a minimum of two days per week, and even if they receive free room and board; so long as they do not receive any additional financial remuneration for their services.
