Bill > A5011

Introduced Session

The bill requires the Commissioner of Human Services (the commissioner) to establish a three year pilot program to provide NJ FamilyCare benefits to children with special needs who live in the family home and, except for parental income and assets, would qualify for federal Supplemental Security Income (SSI) benefits. The bill defines a "child with special needs" as a child under the age of 21 who meets the federal definition of blind or disabled for the purposes of the SSI program, as provided in section 1614(a)(3)(C) of Title XVI of the federal "Social Security Act," (42 U.S.C. 1382c). The Department of Human Services (department) will annually redetermine whether a child with special needs continues to meet the definition of blind or disabled under the SSI program. If the department determines that the child no longer qualifies as blind or disabled for the purposes of the SSI program, the department will terminate the child's NJ FamilyCare benefits. The commissioner will establish an appeals process for families whose child's NJ FamilyCare benefits were terminated subsequent to a redetermination. Within 180 days of the end of the pilot program, the commissioner will report to the Governor and to the Legislature on: 1. the number of children with special needs who became eligible for NJ FamilyCare benefits under the initiative; 2. State costs to provide NJ FamilyCare benefits under the pilot program; 3. the department's costs to administer the pilot program; and 4. the commissioner's recommendations concerning continuation of the benefits available under the initiative. The pilot program will expire upon submission of the report to the Governor and the Legislature. Federal SSI benefits, which include monthly income support and access to State Medicaid benefits, are available to children under the age of 18, or children under the age of 22 who are students regularly attending school, and who meet the SSI program's definition of blind or disabled. Federal SSI benefits are only available to special needs children whose parents or legal guardian have limited income and assets. Under the State's comprehensive Medicaid demonstration waiver, children whose medical condition necessitates a nursing home level of care can access private duty nursing services through the Medicaid Long-Term Supports and Services program (MLTSS), regardless of parental income or assets. Many middle-income families of children whose disabilities do not require nursing-home level of care, and who do not qualify for NJ FamilyCare or SSI benefits due to income or assets, struggle to afford the care and services necessary for their children to continue to live in the family home. It is the sponsor's intent to provide, even on a pilot basis, NJ FamilyCare benefits to alleviate the financial burden placed on middle-income families who have children with special needs.

Committee Categories

Sean Kean (R)*, 

Introduced, Referred to Assembly Aging and Human Services Committee (on 11/14/2024)

Official Document