Bill > A5634

Introduced Session

This bill enhances the enforcement authority over developmental disability service providers, and establishes the "Residential Facility Quality of Care Improvement Fund" in the Department of Human Services (department). The department possesses licensing authority pursuant to N.J.A.C.10:44A-1.8 et seq. to take negative licensing actions against noncompliant providers, such as issuing written warnings, halting admissions, issuing provisional licensing, revoking licenses, and assigning a quality management team. This bill expands that authority to impose financial penalties. The Office of Program Integrity & Accountability in the department licenses providers of residential services to adults with developmental or intellectual disabilities, while the Division of Developmental Disabilities in the department authorizes payment to providers of services to adults with developmental or intellectual disabilities through contracts and a fee-for-service system. Under the bill, the department is to have the authority to license authorized providers and licensed providers, as both of these terms are defined in the bill. The bill provides that any person, firm, partnership, corporation, or association operating a provider-managed residential setting without a license when a license is required is to be subject to penalties. Any licensed provider that has been granted a second consecutive provisional license is to be subject to a penalty Any authorized provider or licensed provider is to be subject to penalties provided for in the bill if the provider: (1) employs or fails to remove from employment a person who has been placed on the Central Registry of Offenders Against Individuals with Developmental Disabilities or included on the child abuse registry; (2) fails to conduct an initial or biannual criminal history record background check; (3) fails to meet the requirements of drug testing for controlled dangerous substances; (4) receives a substantiated finding from the Office of Investigations of a violation outlined in the bill; (5) fails to conduct an adequate internal investigation of an allegation of abuse, neglect, or exploitation of an individual with a developmental disability and submit a complete report to the department within 180 days of the date of the alleged incident; (6) fails to submit an approved plan of correction to the department upon the completion of an investigation closed by the Office of Investigations, or (7) is assigned a Quality Management Team by the department. The bill also amends current law to grant the department authority to impose civil penalties for individuals who violate reporting obligations under P.L.2010, c.5 (C.30:6D-75), rather than penalties being imposed once that person is convicted of a disorderly person offense. Finally, the bill amends section 3 of P.L.2010, c.5 (C.30:6D-75) and establishes the "Residential Facility Quality of Care Improvement Fund" in the department.

Committee Categories

Carol Murphy (D)*, 

Introduced, Referred to Assembly Aging and Human Services Committee (on 05/08/2025)

Official Document