Bill > A5634

This bill enhances the Department of Human Services' (DHS) ability to enforce regulations and penalize providers of services for individuals with developmental disabilities, and establishes a dedicated fund for quality improvements. It clarifies the definition of "administrative neglect" to include failures in oversight and training, regardless of whether harm occurred, and expands the types of violations for which "authorized providers" (agencies contracted or paid through the state's fee-for-service system) and "licensed providers" (operators of community-based residential programs) can be fined. Penalties can be assessed for operating without required licenses or certifications, repeated provisional licenses, employing individuals with a history of abuse or neglect, failing to conduct background checks or drug tests, and for substantiated findings of administrative neglect resulting in moderate or major injuries, abuse, neglect, or exploitation. The bill also mandates more thorough internal investigations and timely submission of corrective action plans, with increased penalties for chronic noncompliance. Furthermore, it creates the "Residential Facility Quality of Care Improvement Fund" within DHS, which will be financed by penalties collected under this act and used to fund quality improvement initiatives and regulatory actions. Finally, it amends existing law to direct civil penalties for failure to report abuse, neglect, or exploitation to this new fund.

Budget and Finance, Health and Social Services

https://www.njleg.state.nj.us/bill-search/2024/A5634