Bill Text: NJ S914 | 2016-2017 | Regular Session | Introduced
Bill Title: Establishes New Jersey Advisory Council on Home and Community-Based Settings to implement DHS Statewide Transition Plan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-04 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S914 Detail]
Download: New_Jersey-2016-S914-Introduced.html
Sponsored by:
Senator JENNIFER BECK
District 11 (Monmouth)
SYNOPSIS
Establishes New Jersey Advisory Council on Home and Community-Based Settings to implement DHS Statewide Transition Plan.
CURRENT VERSION OF TEXT
As introduced.
An Act establishing a council on home and community-based settings and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. There is established in the Department of Human Services, the New Jersey Advisory Council on Home and Community-Based Settings, which shall:
a. assist the department in the implementation of the Statewide Transition Plan, which was developed by the department and submitted to the Centers for Medicare & Medicaid Services on April 17, 2015, to help ensure that New Jersey is able to comply with federal regulations concerning home and community-based settings for Medicaid-eligible enrollees by 2019; and
b. one year following full compliance with the plan, and annually thereafter, make any recommendations necessary to help New Jersey continue to provide full access to community living and receipt of services in the most integrated settings appropriate for individuals.
2. a. The advisory council shall be comprised of 17 members as follows:
(1) The Commissioner of Human Services, the Commissioner of Children and Families, the Commissioner of Health, and the Chairperson of the State Council on Developmental Disabilities, or their designees, all of whom shall serve ex officio;
(2) two members of the Senate, appointed by the President of the Senate, no more than one of whom is from the same political party;
(3) two members of the General Assembly, appointed by the Speaker of the General Assembly, no more than one of whom is from the same political party;
(4) two representatives from the Office of the Governor, appointed by the Governor; and
(5) seven members of the public appointed by the Governor, who shall include: two representatives of providers of services to individuals with developmental disabilities receiving services from the Division of Developmental Disabilities in the Department of Human Services, one of whom shall be involved with the operation of a day program and one of whom shall be involved in the provision of support services; two persons involved in the development of housing for individuals with developmental disabilities; one representative of an organization which represents assisted living facilities serving individuals receiving services from the Division of Aging Services in the Department of Human Services; one representative of a provider of services to individuals receiving services from the Division of Children's System of Care in the Department of Children and Families; and one individual with a developmental disability who is receiving services from the Division of Developmental Disabilities.
b. The terms of office of each appointed member shall be three years, but of the members first appointed, two shall be appointed for a term of one year, five for terms of two years, and six for terms of three years. Vacancies in the membership of the advisory council shall be filled in the same manner provided for the original appointments.
c. The council shall organize as soon as practicable following the appointment of its members and shall select a chairperson and vice-chairperson from among the members. The chairperson shall appoint a secretary who need not be a member of the council.
d. The public members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties and within the limits of funds available to the council.
e. The council shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes.
f. The Department of Human Services shall provide staff support to the council.
3. It shall be the duty of the advisory council to assist the department in the implementation of the provisions of the Statewide Transition Plan related to:
a. individuals with developmental disabilities who are participating in day programs, residing in residential settings developed prior to and after the effective date of the plan, moving to integrated community settings, and receiving support services from the Division of Developmental Disabilities in the department;
b. participants in the Managed Long Term Services and Supports program obtaining written lease or residency agreements for their licensed home and community-based settings;
c. assessment and review of programs for children who are receiving services for emotional and behavioral health care or developmental disabilities from the Division of Children's System of Care in the Department of Children and Families;
d. person-centered planning which takes into account individuals' needs and choices in order to maximize independence and ability to engage in the self-direction of services; and
e. any other activity that the department and the advisory council shall deem to be appropriate.
4. a. No later than six months after the advisory council organizes, and annually until full compliance with the Statewide Transition Plan in 2019 or earlier, as appropriate, the council shall report on the progress of the Department of Human Services in implementing the plan.
b. One year following full compliance with the plan, and annually thereafter, the advisory council shall submit a report which shall include the council's recommendations to help New Jersey continue to provide full access to community living and receipt of services in the most integrated settings appropriate for individuals.
c. The advisory council shall submit a report required pursuant to this section to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).
5. This act shall take effect immediately.
STATEMENT
This bill establishes a permanent New Jersey Advisory Council on Home and Community-Based Settings which is to assist the Department of Human Services (DHS) in the implementation of the Statewide Transition Plan, which was developed by DHS and submitted to the Centers for Medicare & Medicaid Services to help ensure that New Jersey is able to comply with federal regulations concerning home and community-based settings (HCBS) for Medicaid-eligible enrollees by 2019. As explained in the plan, the federal regulations provide "the assurance that states receiving Medicaid funds meet the needs of individuals who choose to receive their long term services and supports in their homes or community, rather than in institutional settings" and are intended "to enhance the quality of HCBS and to provide protections to participants."
Additionally, one year following full compliance with the Statewide Transition Plan, and annually thereafter, the advisory council is to make any recommendations necessary to help New Jersey continue to provide full access to community living and receipt of services in the most integrated settings appropriate for individuals.
The advisory council is to assist DHS in implementation of the plan with regard to: 1) individuals with developmental disabilities participating in day programs, residing in settings developed prior to and after the effective date of the plan, moving to integrated community settings, and receiving support services from the Division of Developmental Disabilities (DDD) in DHS; 2) participants in the Managed Long Term Services and Supports program obtaining written lease or residency agreements for their licensed home and community-based settings; 3) assessment and review of programs for children receiving services for emotional and behavioral health care or developmental disabilities from the Division of Children's System of Care in the Department of Children and Families (DCF); 4) person-centered planning which maximizes independence and ability to engage in the self-direction of services; and 5) any other activity that DHS and the advisory council deem appropriate.
The advisory council would be comprised of 17 members, as follows: the Commissioners of Human Services, Health, and Children and Families, and the Chairperson of the State Council on Developmental Disabilities, or their designees; two members of the Senate, appointed by the President of the Senate, no more than one of whom is from the same political party; two members of the General Assembly, appointed by the Speaker of the General Assembly, no more than one of whom is from the same political party; two representatives from the Office of the Governor, appointed by the Governor; and seven public members appointed by the Governor.
The public members would include: two representatives of providers of services to individuals with developmental disabilities, one involved with day programs and one with support services; two persons involved in the development of housing for individuals with developmental disabilities; one representative of an organization which represents assisted living facilities serving individuals receiving services from the Division of Aging Services in DHS; one representative of a provider of services to individuals receiving services from the Division of Children's System of Care in DCF; and one individual with a developmental disability who is receiving services from DDD.
The bill includes reporting requirements to the Governor and the Legislature on the progress of the plan's implementation, and also provides for the council to make future recommendations to help continue the work of DHS in providing full access to community living and receipt of services in integrated settings.
