Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Requires comparable level of services and supports to be provided to former residents of developmental centers transitioning to community placements and for placements to be located within 30 miles of closed centers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning individuals with developmental disabilities and supplementing chapter 6D of Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A used in this act:
"Community placement" means a group home, apartment, or supportive housing arrangement which provides services and supports to an individual with a developmental disability who transitions to the community from a State developmental center.
"Community services case manager" means the case manager who is assigned to an individual with a developmental disability pursuant to section 8 of P.L.1983, c.524 (C.30:6D-20).
"Developmental disability" means developmental disability as defined in section 3 of P.L.1977, c.82 (C.30:6D-3).
"Division" means the Division of Developmental Disabilities in the Department of Human Services.
"Health care services" means nursing intervention and monitoring of the treatment of an individual with a developmental disability, and includes, but is not limited to, treatment for asthma, diabetes, gastritis, arthritis, and cardiac issues.
"Personal care" means assistance in the activities of an individual with a developmental disability in daily living, including, but not limited to, bathing, oral hygiene, and grooming.
"Primary services" means services that include, but are not limited to, health care services, ambulation, personal care, and behavioral support.
"Transition case manager" means a case manager who is assigned to an individual with a developmental disability who is scheduled for transition from a State developmental center to a community placement.
2. a. For each individual with a developmental disability who is scheduled for transition to a community placement as a result of the closure of a State developmental center, the Commissioner of Human Services shall ensure that the individual is transitioned to a community placement which is located within 30 miles of the developmental center to be closed, and that the individual is provided with a comparable level of services and supports in the community placement that the individual received while residing in the State developmental center, as provided for in this section.
b. The division shall assign a transition case manager to each individual with a developmental disability who is scheduled for transition to a community placement as a result of the closure of a developmental center. The transition case manager shall:
(1) Develop a customized plan of services and supports for the transition of the individual with a developmental disability to a community placement. The plan shall include, but not be limited to, a comparable level of the following services and supports, as needed by the individual:
(a) primary services;
(b) physical and nutritional management;
(c) adaptive equipment;
(d) physical, occupational, and speech therapy;
(e) services from a psychologist or social worker; and
(f) emergency services; and
(2) Ensure that the services and supports provided for in the plan are in place prior to the individual with a developmental disability moving to a community placement.
c. The transition case manager shall oversee the plan developed pursuant to subsection b. of this section. The transition case manager shall provide a copy of the plan to the division, which shall share the plan with the appropriate community services case manager who shall provide follow-up case management of the individual with a developmental disability while the individual resides in a community placement. The transition case manager and the community services case manager shall collaborate as necessary to ensure that the individual with a developmental disability receives a comparable level of services and supports, as provided for in this section.
3. The division shall ensure that a follow-up review of the implementation of the customized plan of services and supports, developed pursuant to section 2 of this act, is conducted at 30, 60, and 90 days and one and two years following the date of the move of an individual with a developmental disability to a community placement pursuant to this act. The division shall utilize the review to monitor whether the individual is receiving a comparable level of services and supports in the community placement, as provided for in section 2 of this act, and shall make such changes as necessary to the provision of services and supports to ensure that the individual receives the comparable level of services and supports.
4. Nothing in this act shall preclude additional assessments of the needs of an individual with a developmental disability or the development of an additional service plan for the individual, in order to provide any services needed for a safe transition of an individual with a developmental disability from a developmental center to a community placement.
5. The Commissioner of Human Services shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations as the commissioner deems necessary to carry out the provisions of this act.
6. This act shall take effect on the first day of the seventh month next following the date of enactment, but the Commissioner of Human Services may take such administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill provides that for each individual with a developmental disability who is scheduled for transition to a community placement as a result of the closure of a State developmental center, the Commissioner of Human Services is to ensure that the individual is transitioned to a community placement which is located within 30 miles of the developmental center to be closed, and that the individual is provided with a comparable level of services and supports in the community placement that the individual received while residing in the State developmental center, as provided for in the bill.
A transition case manager is to be assigned to each individual with a developmental disability scheduled for the transition. This case manager is required to develop a customized plan of services and supports which is to include, but not be limited to, a comparable level of the following services and supports in the community placement to those provided to the individual while residing in a State developmental center, as needed by the individual: primary services; physical and nutritional management; adaptive equipment; physical, occupational, and speech therapy; services from a psychologist or social worker; and emergency services. The transition case manager is to ensure that the services and supports are in place prior to the move to a community placement, and is to oversee the plan.
A community services case manager is to provide follow-up case management of the individual with a developmental disability while the individual resides in a community placement, and the two case managers are to collaborate to ensure that the individual with a developmental disability receives a comparable level of services and supports.
Lastly, the bill provides for follow-up review of the implementation of the plan, which is to be conducted 30, 60 and 90 days and one and two years following the date of the move to a community placement. The division is to utilize the review to monitor whether the individual is receiving the comparable level of services and supports in the community placement and make any necessary changes to the services and supports provided.