Bill Text: NJ S3313 | 2022-2023 | Regular Session | Introduced
Bill Title: Establishes program for certain individuals to be certified as homemaker-home health aides and provide services to certain Medicaid enrollees.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2022-11-07 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S3313 Detail]
Download: New_Jersey-2022-S3313-Introduced.html
Sponsored by:
Senator EDWARD DURR
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Establishes program for certain individuals to be certified as homemaker-home health aides and provide services to certain Medicaid enrollees.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning homemaker-home health aides and home care services and supplementing P.L.1968, c.413 (C.30:4D-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No later than nine months after the effective date of this act and receipt of federal approval for the program, the Division of Medical Assistance and Health Services in the Department of Human Services shall establish a program under which a family member of an enrollee in Medicaid or NJ FamilyCare, or a third-party individual approved by the parent or guardian of an enrollee in Medicaid or NJ FamilyCare, may be certified as a homemaker-home health aide and, under the direction of a registered nurse, provide homemaker-home health aide services to the enrollee through a private duty nursing agency under the reimbursement rates established pursuant to subsection d. of this section, provided that the enrollee qualifies for private duty nursing services under Medicaid or NJ FamilyCare. The division shall develop an assessment tool that will allow the division to readily identify enrollees who meet the eligibility criteria.
b. The program established pursuant to this section shall require the family member or approved third-party individual to complete all the training, testing, and other qualification criteria as are required under State and federal law for certification as a homemaker-home health aide. The private duty nursing services agency that will employ the family member or approved third-party individual to provide private duty nursing services to the enrollee shall pay all costs for the family member or approved third-party individual to become certified as a homemaker-home health aide. In no case shall a family member or approved third-party individual who becomes a certified homemaker-home health aide under the provisions of this section be required to repay or reimburse the private duty nursing services agency for the costs of the family member or approved third-party individual becoming certified as a homemaker-home health aide under the program.
c. The tasks delegated by a registered nurse to a family member who becomes certified as a homemaker-home health aide pursuant to this section shall be consistent with the tasks that may be generally delegated to homemaker-home health aides pursuant to the rules of the New Jersey Board of Nursing. The registered nurse supervising the homemaker-home health aide shall conduct at least two on-site visits to the residence where the homemaker-home health aide is providing services pursuant to this section, which visits shall be for the purpose of ensuring homemaker-home health aide services are being provided consistent with the applicable standard of care.
d. Homemaker-home health aide services provided by a family member of a Medicaid or NJ FamilyCare enrollee, or an approved third-party individual, who becomes certified as a homemaker-home health aide under the program established pursuant to this section shall be reimbursed to a private duty nursing agency at a rate of no less than $20 per hour.
e. The Director of the Division of Medical Assistance and Health Services in the Department of Human Services shall, no later than three years after the date the program is established pursuant to this section, prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, concerning the viability of the program and the director's recommendations concerning the program.
2. The Assistant Commissioner of the Division of Medical Assistance and Health Services in the Department of Human Services shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement the provisions of this act.
3. The Commissioner of Human Services shall apply for such State plan amendments or waivers as may be necessary to implement the provisions of this act and to secure federal financial participation for State Medicaid expenditures under the federal Medicaid program.
4. This act shall take effect immediately.
STATEMENT
This bill requires the Division of Medical Assistance and Health Services (DMAHS) in the Department of Human Services (DHS) to establish a program under which a family member of an enrollee in Medicaid or NJ FamilyCare or a third-party individual approved by the enrollee's parent or guardian may be certified as a homemaker-home health aide (HHA) and, under the direction of a registered nurse, provide HHA services to the enrollee through a private duty nursing agency, which services will be subject to an enhanced reimbursement rate. The program established under the bill will apply to enrollees who qualify for private duty nursing services under Medicaid or NJ FamilyCare. The DMAHS will be required to develop an assessment tool that will allow the DMAHS to readily identify enrollees who meet the eligibility criteria.
Under the program, the family member or approved third-party individual will be required to complete all the training, testing, and other qualification criteria as are required under State and federal law for certification as an HHA. The private duty nursing services agency that will employ the family member or approved third-party individual will be required to pay all costs for the family member or approved third-party individual to become certified as an HHA. In no case will the family member or approved third-party individual be required to repay or reimburse the agency for the costs of becoming an HHA.
The tasks delegated by a registered nurse to a family member or approved third-party individual who becomes certified as an HHA under the bill are to be consistent with the tasks that may be generally delegated to HHAs pursuant to the rules of the New Jersey Board of Nursing. The registered nurse supervising the HHA will be required to conduct at least two on-site visits to the residence where the HHA is providing services for the purpose of ensuring the HHA services are being provided consistent with the applicable standard of care.
Homemaker-home health aide services provided by a family member of a Medicaid or NJ FamilyCare enrollee, or an approved third-party individual, who becomes certified as an HHA under the program will be reimbursed to a private duty nursing agency at a rate of no less than $20 per hour.
The DMAHS will be required to establish the program within nine months after the effective date of the bill and after receipt of federal approval for the program. The DHS will be required to apply for State plan amendments and waivers as are necessary to implement the provisions of the bill and to secure federal financial participation for State Medicaid expenditures under the federal Medicaid program.
No later than three years after the program is established, the DMAHS will be required to prepare and submit a report to the Governor and the Legislature concerning the viability of the program and its recommendations concerning the program.
