Bill Text: NJ A4336 | 2014-2015 | Regular Session | Introduced


Bill Title: Prohibits transfer of individuals with developmental disabilities from out-of-State to in-State placements under certain conditions.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2015-03-26 - Introduced, Referred to Assembly Human Services Committee [A4336 Detail]

Download: New_Jersey-2014-A4336-Introduced.html

ASSEMBLY, No. 4336

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED MARCH 26, 2015

 


 

Sponsored by:

Assemblyman  JACK M. CIATTARELLI

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

 

 

 

 

SYNOPSIS

     Prohibits transfer of individuals with developmental disabilities from out-of-State to in-State placements under certain conditions.

 

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning individuals with developmental disabilities and supplementing Title 30 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    The Division of Developmental Disabilities, except as provided in section 2 of this act, shall not transfer, or otherwise compel the transfer of, an individual with a developmental disability who is currently residing in an out-of-State placement to a residential placement in this State, under the Return Home New Jersey initiative or any similar initiative or program transferring individuals with developmental disabilities from out-of-State placements to residential placements in this State, if the individual or the guardian of the individual objects to such transfer in writing and either of the following conditions exists:

     a.    The individual has resided out-of-State for 25 or more years or 50 percent or more of the life of the individual, whichever is less; or

     b.    The individual is enrolled in a federal Medicaid waiver under section 1115 or section 1915(c) of the federal Social Security Act, as applicable.

 

     2.    The provisions of section 1 of this act shall not apply if:

     a.    The United States Department of Justice, the Centers for Medicare & Medicaid Services, or a federally-designated state protection and advocacy organization has deemed the out-of-State placement facility unsafe or an individual with a developmental disability residing in the facility to be at risk for health or safety violations;

     b.    The individual does not continue to be served by the same out-of-State provider in the same location after the effective date of this act as the out-of-State provider who served the individual prior to the effective date of this act;

     c.    The individual or the guardian of the individual, as applicable, is not in compliance with the provisions of State regulations at N.J.A.C.10:46D-1.1 et seq., concerning contribution to care and maintenance requirements, within 90 days of the effective date of this act, or the individual or guardian fails to continue to comply with these regulations for the duration of the out-of-State care of the individual;

     d.    The primary residence of the legal guardian of the individual is not located in this State on the effective date of this act; or, in the case of  co-guardianship, the primary residence of each co-guardian is not located in this State on the effective date of this act;

     e.    The individual is not enrolled in the State Medicaid program, established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.), within 90 days of the effective date of this act;

     f.     The total cost of the out-of-State residential placement for the individual exceeds the cost of an in-State residential placement taking into account the funds the State would receive for the in-State placement of the individual from a federal Medicaid waiver under section 1115 or section 1915(c) of the federal Social Security Act, as applicable, as determined by a uniform assessment tool developed by the Division of Developmental Disabilities;

     g.    The out-of-State provider fails to transmit to the Division of Developmental Disabilities written reports of life safety oversight and copies of all relevant incident reports required by the division; or

     h.    The Bureau of Guardianship Services is the legal guardian of the individual.

 

     3.    Nothing in this act shall be construed as limiting the ability of the Department of Human Services to determine reasonable funding for services provided by out-of State providers, as appropriate.

 

     4.    Nothing in this act shall prohibit an individual with a developmental disability who is residing in an out-of-State placement from remaining in an out-of-State placement if no State funds are allocated to the individual through the Department of Human Services for any purpose.

 

     5.    The provisions of this act shall apply to individuals with developmental disabilities who, as of the effective date of this act, are funded by the Division of Developmental Disabilities in the Department of Human Services.

 

     6.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that the Division of Developmental Disabilities in the Department of Human Services (DHS) is not to transfer, or otherwise compel the transfer of, an individual with a developmental disability who is currently residing in an out-of-State placement to a residential placement in this State, under the Return Home New Jersey initiative or any similar program transferring individuals with developmental disabilities from out-of-State placements to residential placements in this State, if the individual or the guardian of the individual objects in writing and either of the following conditions exists:  1)  The individual has resided out-of-State for 25 or more years or 50 percent or more of the life of the individual, whichever is less; or 2)  The individual is enrolled in the federal Medicaid waiver under section 1115 (the Medicaid comprehensive waiver) or section 1915(c) (the community care waiver) of the federal Social Security Act.

     The bill adds, however, that the above provisions would not apply if:

     -The U.S. Department of Justice, the Centers for Medicare & Medicaid Services, or a federally-designated state protection and advocacy organization has deemed the out-of-State facility unsafe or an individual residing in the facility to be at risk for health or safety violations;

     -The individual does not continue to be served by the same out-of-State provider in the same location after the effective date of the bill;

     -The individual or the individual's guardian is not in compliance with State regulations concerning contribution to care and maintenance within 90 days of the effective date, or the individual or guardian fails to continue to comply with these regulations for the duration of the  out-of-State care;

     -The primary residence of the legal guardian is not located in this State on the effective date of the bill; or, in the case of co-guardianship, the primary residence of each co-guardian is not located in this State on the effective date, so that the individual does not have a guardian or co-guardian whose primary residence is in this State on the effective date;

     -The individual is not enrolled in the State Medicaid program, within 90 days of the effective date;

     -The total cost of the out-of-State residential placement exceeds the cost of an in-State residential placement of the individual taking into account funds the State would receive for the in-State placement of the individual from the Medicaid waivers, as determined by a uniform assessment tool developed by the division;

     -The out-of-State provider fails to transmit to the division written reports of life safety oversight and copies of all relevant incident reports required by the division; or

     -The Bureau of Guardianship Services is the legal guardian of the individual.

     The bill specifies that: it is not to be construed as limiting the ability of DHS to determine reasonable funding for services provided by out-of State providers; it does not prohibit an individual with a developmental disability from remaining in an out-of-State placement if no State funds are allocated through DHS; and it applies to individuals with developmental disabilities who, as of the effective date, are funded by the division.

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