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  • NJ A262
  • Prohibits transfer of individuals with developmental disabilities from out-of-State to in-State placements under certain conditions.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
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.
Human Services
Introduced, Referred to Assembly Human Services Committee  (on 1/27/2016)
 
 

Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Human Services Committee
Date Motion Yea Nay Other
None specified