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  • NJ A2504
  • "Innovative Services for Persons with Developmental Disabilities Act."
Introduced
(2/4/2016)
In Committee
(2/4/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill, designated the "Innovative Services for Persons with Developmental Disabilities Act," requires the Department of Human Services (DHS) to encourage the establishment of a wide variety of innovative service arrangements for persons with developmental disabilities. These arrangements for residential or day services are to include self-directed services or other arrangements that are different from those commonly used by DHS. DHS is to ensure that the establishment of these arrangements does not unfairly benefit a person with the financial means to purchase services to the detriment of other persons with developmental disabilities without such means. Additionally, DHS may not require certain financial contributions, which are made while waiting for assistance from DHS, to continue beyond the time that a person with a developmental disability would become eligible for assistance from DHS, in accordance with DHS waiting list procedures. The bill defines "innovative service arrangements" as residential or day services for persons with developmental disabilities which are consistent with the provisions of the bill and include: selfdirected support services, as defined in section 3 of P.L.2008, c.128 (C.30:6D-12.3); or other arrangements that include, but are not limited to, a service arrangement that is: privately funded, in whole or in part, with DHS assurances to undertake the funding to the extent that State funding later becomes available; not traditionally used to serve persons with developmental disabilities; funded, in whole or part, by other governmental sources; designed to attract private funding; or some combination of these provisions. The bill requires DHS to seek funding for these arrangements in any application for federal assistance or reimbursement, through Medicaid or another program, unless doing so would be unsuitable or contrary to federal requirements. A person with a developmental disability and a legally responsible relative are to remain liable for maintenance, in accordance with R.S.30:4-66; however, the bill does not expand liability. The bill requires DHS to ensure that a person with a developmental disability is not removed involuntarily from a DHS waiting list for services because of private placement in an innovative service arrangement. Additionally, the bill is not to be construed to: sanction or prohibit any particular service; or impact the current requirement to maintain Medicaid eligibility. The Commissioner of Human Services is authorized to designate one division within DHS to have lead authority to implement the bill. A dispute which might arise is to be resolved in accordance with the appeal procedure of DHS, or the division with lead authority. One year after the effective date of the bill, and annually thereafter, the commissioner is to report to the Governor and the Legislature on implementation. Additionally, the definition of "self-directed support services" in section 3 of P.L.2008, c.128 (C.30:6D-12.3) is expanded so that selfdirected support service arrangements (in which DHS funding is made available to a person with a developmental disability or another person authorized to serve as the person's fiduciary) may be made in any DHS program or in contracting with any provider, rather than limiting these arrangements to only residential placements or contracts with residential service providers.
Human Services
Introduced, Referred to Assembly Human Services Committee  (on 2/4/2016)
 
 

Date Chamber Action Description
2/4/2016 A Introduced, Referred to Assembly Human Services Committee
Date Motion Yea Nay Other
None specified