A2259

An Act concerning support services for persons with developmental disabilities, supplementing P.L.1977, c.82 (C.30:6D-1 et seq.), and amending P.L.1983, c.524.

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

1. (New section) Sections 1 through 6 of this act shall be known as the “Self-Directed Support Services for Persons with Developmental Disabilities Rights Act.”

2. (New section) The Legislature finds and declares that:

a. There is a need for innovative approaches to meet the needs of persons with developmental disabilities;

b. While there are many fine group homes, supervised apartments and other supervised living arrangements for persons with developmental disabilities, there is a need for not only an expansion of the availability of such programs, but also the development of innovative programs that are self-directed by persons with developmental disabilities and their families and guardians;

c. The availability of innovative self-directed programs will expand the capacity of the Department of Human Services to serve the needs of persons with developmental disabilities; and

d. It is important to emphasize that persons with developmental disabilities who participate in these highly desirable self-directed approaches to care retain the rights guaranteed to them under the “Developmentally Disabled Rights Act,” P.L.1977, c.82 (C.30:6D-1 et seq.).

3. (New section) As used in this act:

“Commissioner” means the Commissioner of Human Services.

“Department” means the Department of Human Services.

“Developmental disability” means developmental disability as defined in section 3 of P.L.1977, c.82 (C.30:6D-3).

“Self-directed support services” means an arrangement in which funding is made available by the department, through the Division of Developmental Disabilities or any other division in the department, to a person with a developmental disability or person who has been authorized to serve as a fiduciary of the person with a developmental disability, who is living in his own home, the home of a family member or guardian, or some other similar living environment. The purpose of the arrangement is to support the needs of the person with a developmental disability by allowing the
person, or his family or guardian, or both, to determine the nature and scope of services to be provided, in lieu of the department placing the person with a developmental disability in a residential program operated by the department directly or by contracting with a residential provider of services for persons with developmental disabilities.

“Services” means services as defined in section 3 of P.L.1977, c.82 (C.30:6D-3).

4. (New section) The commissioner shall ensure that:

a. the provisions of section 9 of P.L.1977, c.82 (C.30:6D-9), concerning the design of services to maximize the developmental potential of persons with developmental disabilities with full recognition and respect for their dignity, individuality and legal rights, apply to persons with developmental disabilities receiving self-directed support services;

b. a written, individualized habilitation plan, as provided for in sections 10 and 11 of P.L.1977, c.82 (C.30:6D-10 and 11), is developed and placed into effect for each person receiving self-directed support services no later than the 30th day following the initial receipt of such services. In the case of persons receiving such services at the time of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the plan shall be effected no later than the 60th day following enactment; and

c. each person’s individualized habilitation plan is reviewed annually pursuant to section 12 of P.L.1977, c.82 (C.30:6D-12).

5. (New section) a. A right recognized in section 4 of P.L.1977, c.82 (C.30:6D-4), shall apply to persons receiving self-directed support services pursuant to P.L. , c. (C. )(pending before the Legislature as this bill).

b. A person receiving self-directed support services shall be entitled to enforce a right provided for in P.L. , c. (C. ) (pending before the Legislature as this bill) or section 4 of P.L.1977, c.82 (C.30:6D-4), by civil action or other remedy otherwise available by common law or statute.

6. (New section) a. Except in the case of a short-term pilot program, the commissioner shall, to the extent feasible, develop and expand the use of self-directed support services throughout the State, and eliminate obstacles to the use of such services. The services shall be made available without regard to the severity of a person’s disability, except to the extent that the person’s disability would prevent that person from being safely accommodated with self-directed support services.

b. In the event that two or more divisions in the department are funding self-directed support services for the same person, the commissioner shall designate one division as the lead division for the purpose of enforcing a right guaranteed by section 4 of P.L.1977, c.82 (C.30:6D-4) or P.L. , c. (C. )(pending before the Legislature as this bill).

7. Section 2 of P.L.1983, c.524 (C.30:6D-14) is amended to read as follows:

As used in this act:

a. "Department" means the Department of Human Services.

b. "Community residential facility" means any residential arrangement, public or private, other than an institution, in which one or more developmentally disabled persons reside under the sponsorship of the department. A family home in which all of the developmentally disabled persons residing within are related to the head of the household by blood, marriage or adoption is not a community residential facility.

c. "Transfer" means moving a developmentally disabled person from an institution to a community residential facility, from one community residential facility to another, [or] from a community residential facility to an institution, or from receiving self-directed support services as defined in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) to a community residential facility as defined in this section or a facility as defined in section 3 of P.L.1977, c.82 (C.30:6D-3). The placement of a person who has never before received services from the department directly into a community residential facility is a transfer.

(cf: P.L.1983, c. 524, s.2)

8. This act shall take effect immediately.

STATEMENT

This bill, which is designated the “Self-Directed Support Services for Persons with Developmental Disabilities Rights Act,” concerns services provided to persons with developmental disabilities who live in their own home, the home of a family member or guardian, or some other similar living environment. Self-directed support services, which currently include the Real Life Choices and Self-Determination programs administered by the Division of Developmental Disabilities in the Department of Human Services (DHS), provide for arrangements in which funding is made available to the person with a developmental disability or another person who has been authorized to serve as the fiduciary of the person with a developmental disability, who would determine the nature and scope of services to be provided. These arrangements and services are provided in lieu of DHS placing the person in a residential program.

Under the provisions of the bill, the Commissioner of Human Services must provide similar rights available under the “Developmentally Disabled Rights Act,” P.L.1977, c.82 (C.30:6D-1 et seq.) to persons receiving self-directed support services. Specifically, the commissioner must ensure that:

· a written, individual habilitation plan, as provided for in sections 10 and 11 of P.L.1977, c.82 (C.30:6D-10 and 11) is developed and placed in effect no later than the 30th day following the initial receipt of these services. If a person is receiving these services when this bill is enacted, the plan must be effected no later than the 60th day following enactment. The plan must also be reviewed annually pursuant to section 12 of P.L.1977, c.82 (C.30:6D-12); and

· the requirement to design services to maximize the developmental potential of persons with developmental disabilities with full recognition and respect for their dignity, individuality and legal rights, provided for in section 9 of P.L.1977, c.82 (C.30:6D-9), will apply to persons with developmental disabilities receiving self-directed support services.

The bill also specifies that all rights recognized in section 4 of P.L.1977, c.82 (C.30:6D-4), (which prohibits discrimination, deprivation of certain rights, or a presumption of incompetence by reason of a person with developmental disabilities receiving services from the division) shall apply to persons receiving self-directed support services. In addition, a person receiving self-directed support services is entitled to enforce a right provided for in this bill or section 4 of P.L.1977, c.82 (C.30:6D-4), by civil action or other remedy otherwise available by common law or statute.

The bill requires the commissioner, except in the case of a pilot program, to develop and expand to the extent feasible the use of self-directed support services throughout the State, and to eliminate obstacles to the use of these services. These services must be made available without regard to the severity of a person’s disability, except to the extent that the person’s disability would prevent that person from being safely accommodated with self-directed support services.

If two or more divisions in DHS fund self-directed support services for the same person, the commissioner is required to designate one division as the lead division for the purpose of enforcing a right.

Lastly, the bill amends section 2 of P.L.1983, c.524 (C.30:6D-14) (which concerns transferring persons with developmental disabilities into community residential facilities from institutions), to include as a “transfer” persons with developmental disabilities who move from receiving self-directed support services into community residential facilities or State developmental centers.