S2941

An Act concerning individuals with developmental disabilities and supplementing Title 30 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Division of Developmental Disabilities shall not transfer, or otherwise compel the transfer of, an individual with a developmental disability who is currently residing in an out-of-State placement to a residential placement in this State, under the Return Home New Jersey initiative or any similar initiative or program transferring individuals with developmental disabilities from out-of-State placements to residential placements in this State, if the individual or the guardian of the individual objects to such transfer in writing, and one or more of the following conditions exists:

a. The individual has resided out-of-State for 20 or more years or 25 percent of the life of the individual;

b. The individual has resided out-of-State for at least four years and:

(1) The individual has regularly received one-to-one care during the individual's waking hours at the individual's current placement for at least the last two years;

(2) The individual suffers uncontrolled seizures one or more times during a week, on average;

(3) The individual has been hospitalized overnight three or more times a year, on average, for the last two years; or

(4) The individual has been, or is in the process of being, admitted to hospice;

c. The individual has resided out-of-State for at least four years and has required personal restraint by two or more caregivers 20 or more times a year, on average, for the last two years;

d. The primary residence of two or more ancestral or collateral family members of the individual is, on the effective date of this act, within a 15-mile radius of the current out-of-State residential placement of the individual;

e. The out-of-State residential placement of the individual is funded, in part, on the effective date of this act, with funds from the federal community care waiver under section 1915 (c) of the federal Social Security Act, 42 U.S.C. s.1396n(c), the Medicaid comprehensive waiver under section 1115 of the federal Social Security Act, or federal matching funds for placement in an intermediate care facility for individuals with intellectual disabilities;

f. The cost to the State of the out-of-State residential placement of the individual is less than or equal to the average in-State placement cost, including the average federally non-reimbursable transportation costs incurred by the State annually for transporting an individual residing in-State in a community residence for the developmentally disabled to or from a day program or vocational services, as applicable, after taking into account the funds the State would have received from the federal community care waiver under section 1915 (c) of the federal Social Security Act, 42 U.S.C. s.1396n(c), the Medicaid comprehensive waiver under section 1115 of the federal Social Security Act, or federal matching funds for placement in an intermediate care facility for individuals with intellectual disabilities, had the out-of-State placement qualified for either federal waiver or matching funds;

g. The cost to the State of the out-of-State residential placement of the individual is less than or equal to the average in-State placement cost, including the average federally non-reimbursable transportation costs incurred by the State annually for transporting an individual residing in-State in a community residence for the developmentally disabled to or from a day program or vocational services, as applicable, without taking into account the funds the State would have received for the in-State placement of the individual from the federal community care waiver under section 1915 (c) of the federal Social Security Act, 42 U.S.C. s.1396n(c), the Medicaid comprehensive waiver under section 1115 of the federal Social Security Act, or federal matching funds for placement in an intermediate care facility for individuals with intellectual disabilities had the out-of-State placement of the individual qualified for either federal waiver or matching funds, if the individual or the guardian of the individual agrees to contribute annually to the out-of-State placement cost of the individual an amount equal to the amount that the State would have received for the in-State placement of the individual under either federal waiver or as matching funds;

h. The cost to the State of the out-of-State residential placement of the individual is less than or equal to the budgeted in-State placement costs of the individual, including all federally non-reimbursable funds budgeted for transporting the individual residing in-State in a community residence for the developmentally disabled to or from a day program or vocational services, as applicable, after taking into account the funds the State would have received for the in-State placement of the individual from the federal community care waiver under section 1915 (c) of the federal Social Security Act, 42 U.S.C. s.1396n(c), the Medicaid comprehensive waiver under section 1115 of the federal Social Security Act, or federal matching funds for placement in an intermediate care facility for individuals with intellectual disabilities; or

i. The cost to the State of the out-of-State residential placement of the individual is less than or equal to the budgeted in-State placement costs of the individual, including all federally non-reimbursable funds budgeted for transporting the individual residing in-State in a community residence for the developmentally disabled to or from a day program or vocational services, as applicable, without taking into account the funds the State would have received for the in-State placement of the individual from the federal community care waiver under section 1915 (c) of the federal Social Security Act, 42 U.S.C. s.1396n(c), the Medicaid comprehensive waiver under section 1115 of the federal Social Security Act, or federal matching funds for placement in an intermediate care facility for individuals with intellectual disabilities, if the individual or the guardian of the individual agrees to contribute annually to the out-of-State placement cost of the individual an amount equal to the amount that the State would have received for the in-State placement of the individual from either federal waiver or matching funds.

2. This act shall take effect immediately.

STATEMENT

This bill prohibits the Division of Developmental Disabilities, in the Department of Human Services, from transferring, or otherwise compelling the transfer of, an individual with a developmental disability who is currently residing in an out-of-State placement to a residential placement in this State, under the Return Home New Jersey initiative or a similar program transferring individuals from out-of-State placements to residential placements in this State, if the individual or the guardian of the individual objects to such transfer in writing, and if one or more of the conditions described below exists.

The first condition would provide for "grandfathering in" certain individuals if they have resided out-of-State for 20 or more years or 25 percent of the life of the individual.

Other conditions provide for preventing the transfer of individuals with developmental disabilities who are medically fragile, behaviorally fragile, or related to certain persons residing in close proximity, as follows:

· The individual has resided out-of-State for at least four years, and the individual: 1) has received one-to-one care during the individual's waking hours for at least the last two years; 2) has suffered uncontrolled seizures one or more times during a week, on average; 3) has been hospitalized overnight three or more times a year, on average, for the last two years; or 4) has been, or is in the process of being, admitted to hospice.

· The individual with a developmental disability has resided out-of-State for at least four years and has required personal restraint by two or more caregivers 20 or more times a year, on average, for the last two years; or

· The primary residence of two or more ancestral or collateral family members of the individual is, on the effective date of the bill, within a 15-mile radius of the current out-of-State residential placement of the individual.

The conditions also address receipt of federal funds, as follows:

· Federal funding is received, in part. The out-of-State residential placement of the individual is funded, in part, on the effective date of the bill, with funds from the federal community care waiver (CCW), the federal Medicaid comprehensive waiver, or federal matching funds for placement in an intermediate care facility for individuals with intellectual disabilities (ICF/ID matching funds);

· Out-of-State placement is less than or equal to the average in-State placement. The cost of the out-of-State residential placement is less than or equal to the average in-State placement cost, including the average annual federally non-reimbursable transportation costs for transporting residents of State community residences for the developmentally disabled to or from a day program or vocational services, after taking into account the funds the State would have received from the CCW, the Medicaid comprehensive waiver, or ICF/ID matching funds, had the out-of-State placement qualified for either federal waiver or matching funds.

· Out-of-State placement is less than or equal to the average in-State placement if the individual or the individual's guardian contributes to costs. The prior condition is satisfied, but without taking into account the federal waiver funds or matching funds, and the individual or the individual's guardian agrees to contribute annually to the placement cost an amount equal to either of the federal waiver amounts or matching funds;

· Out-of-State placement is less than or equal to budgeted in-State placement. The cost of the out-of-State residential placement of the individual is less than or equal to the budgeted in-State placement costs of the individual, including all budgeted federally non-reimbursable transportation funds described above, after taking into account the federal funds the State would have received for in-State placement of the individual from the CCW, the Medicaid comprehensive waiver, or ICF/ID matching funds; or

· Out-of-State placement is less than or equal to budgeted in-State placement if the individual or the individual's guardian contributes to costs. The prior condition is satisfied, but without taking into account the federal waiver funds or matching funds, and the individual or the individual's
guardian agrees to contribute annually to the placement cost an amount equal to either of the federal waiver amounts or matching funds.