Sponsored by:
Senator ROBERT W. SINGER
District 30 (Monmouth and Ocean)
SYNOPSIS
Requires 10 percent increase in respite care services for eligible individual under State Respite Care Program with implantable cardioverter defibrillator and enrolled in NJ FamilyCare.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the Statewide Respite Care Program and amending P.L.1987, c.119.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1987, c.119 (C.30:4F-8) is amended to read as follows:
2. As used in this act:
a. "Caregiver" means a spouse, parent, child, relative or other person who is 18 years of age or older and who has the primary responsibility of providing daily care for the eligible person and who does not receive financial remuneration for the care.
b. "Commissioner" means the Commissioner of the Department of Human Services.
c. "Co-payment" means financial participation in service costs by the eligible person according to a sliding fee schedule promulgated by the commissioner.
d. "Department" means the Department of Human Services.
e. "Eligible person" means a person 18 years of age or older with a functional impairment who would become at risk of long-term institutional placement if the individual's regular caregiver could not continue in that role without the assistance of temporary home and community support services, including respite care. The term includes an eligible veteran as defined in this section.
f. "Functional impairment" means the presence of a chronic physical or mental disease, illness, or disability as certified by the physician or a sponsor-provided assessment team, which causes physical dependence on others, and which leaves a person unable to attend to his or her basic daily needs without the substantial assistance or continuous supervision of a caregiver.
g. "Provider" means a person, public agency, private nonprofit agency or proprietary agency which is licensed, certified, or otherwise approved by the commissioner to supply any service or combination of services described in subsection h. of this section.
h. "Respite" or "respite care" means the provision of temporary, short-term care for, or the supervision of, an eligible person on behalf of the caregiver, in emergencies or on an intermittent basis to relieve the daily stresses and demands of caring for an adult with a functional impairment. Respite may be provided hourly, daily, overnight, or on weekends, may be paid or volunteer, but may not exceed service and cost limitations as determined by the commissioner. Respite includes, but is not limited to, the following services:
(1) companion or sitter services;
(2) homemaker and personal care services;
(3) adult day care;
(4) short-term inpatient care in a facility meeting standards which the commissioner determines to be appropriate to provide the care;
(5) emergency care; and
(6) peer support and training for caregivers.
i. "Service plan" means a written document agreed upon by the eligible person, the caregiver, and the sponsor. The service plan shall take into account other services and resources available to the eligible person and his caregiver. Services provided pursuant to P.L.1987, c.119 (C.30:4F-7 et seq.) shall not be used to duplicate or supplant existing services or resources available to the eligible person and the person's caregiver. The plan shall:
(1) Document the needs of the eligible person and caregiver for respite care services, using a needs assessment procedure provided or approved by the department;
(2) Identify the outcomes to be achieved and the specific respite care services to be provided to the eligible person and the caregiver to meet their identified needs;
(3) Estimate the frequency and duration of the respite care services;
(4) Estimate the total cost of the plan and the co-payment an eligible person is required to contribute toward the cost of services provided under the plan.
j. "Sponsor" means the county or regional agency, either public or private nonprofit, which contracts with the department to administer the local respite program, and which is responsible for the recruitment of and payment to providers, the general supervision of the local programs, and the submission of information or reports which may be required by the commissioner. Sponsors shall be selected according to criteria established by the commissioner which shall include demonstrated support from the county government. Criteria shall also include the potential sponsor's demonstrated ability to coordinate the funds available for this program with other funding sources and to obtain matching or in kind contributions.
k. "Eligible veteran" means a person with a functional impairment arising out of service in the active military or naval service of the United States in any war or conflict on or after September 11, 2001 who has been honorably discharged or released from that service under conditions other than dishonorable, and meets the requirements for total disability ratings for compensation based upon unemployability of the individual as determined by the United States Department of Veterans Affairs.
l. NJ Family Care means the program established pursuant to P.L.2005, c.156 (C.30:4J-8 et al.), which includes the State's Medicaid Program and the Children's Health Insurance Program.
m. Implantable cardioverter defibrillator means a battery-powered device surgically placed inside an individuals chest that monitors the heart's rhythm and delivers an electrical shock to correct arrhythmias.
(cf: P.L.2017, c.131, s.120)
2. Section 6 of P.L.1987, c.119 (C.30:4F-12) is amended to read as follows:
6. The commissioner shall promulgate rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act. The rules and regulations shall include, but not be limited to, the following:
a. Standards for eligibility for respite care services;
b. Target populations and situations to be given priority in receiving services;
c. Qualifications and requirements of sponsors and providers;
d. Provider reimbursement and payment levels for respite care services, provided that:
(1) the hourly reimbursement rate for home health aide services, personal care services, and homemaker services, in which the services are provided on a weekday, shall be no less than the hourly State Medicaid fee-fo