S1307 2R

An Act concerning ¹[certified nursing assistants] homemaker-home health aides¹ and home care services and supplementing P.L.1968, c.413 (C.30:4D-1 et seq.).

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

1. a. ²As used in this section, “family member” means a child, parent, parent-in-law, sibling, grandparent, grandchild, spouse, domestic partner, or one partner in a civil union couple, or any other individual related by blood, and any other individual with a close association that is the equivalent of a family relationship.

b.² No later than nine months after the effective date of this act and receipt of federal approval for the program, the Division of Medical Assistance and Health Services in the Department of Human Services shall establish a program under which a family member of an enrollee in Medicaid or NJ FamilyCare ²[, or a third-party individual approved by the parent or guardian of an enrollee in Medicaid or NJ FamilyCare,]² may ²seek to² be certified ²by the New Jersey Board of Nursing² as ¹[certified nursing assistant] a homemaker-home health aide¹ and, ²after receiving that certification, may,² under the direction of a registered nurse, provide ¹[certified nursing assistant] homemaker-home health aide¹ services to the enrollee through a private duty nursing agency ²[under the reimbursement rates established pursuant to subsection d. of this section] , home health agency, or health care service firm² , provided that the enrollee is under 21 years of age and ²otherwise² qualifies ²[for private duty nursing] to receive those² services under Medicaid or NJ FamilyCare. The division shall develop an assessment tool that will allow the division to readily identify enrollees who meet these eligibility criteria.

²[b.] c.² The program established pursuant to this section shall require the family member ²[or approved third-party individual]² to complete all the training, testing, and other qualification criteria as are required under State and federal law for certification as a ¹[certified nursing assistant] homemaker-home health aide¹ . The private duty nursing services agency ², home health agency, or health care service firm² that will employ the family member ²[or approved third-party individual]² to provide ²[private duty nursing] homemaker-home health aide² services to the enrollee shall pay all costs for the family member ²[or approved third-party individual]² to become certified as a ¹[certified nursing assistant] homemaker-home health aide¹ ², and to receive certification as a homemaker-home health aide from the New Jersey Board of Nursing, before providing services under the program established pursuant to this section² . In no case shall a family member ²[or approved third-party individual]² who becomes a certified ¹[nursing assistant] homemaker-home health aide¹ under the ²[provisions of] program established pursuant to² this section be required to repay or reimburse the private duty nursing services agency ², home health agency, or health care service firm employing the family member² for the costs of the family member ²[or approved third-party individual]² becoming certified as a ¹[certified nursing assistant] homemaker-home health aide¹ under the program.

²[c. The tasks delegated by a registered nurse to a family member who becomes certified as a ¹[certified nursing assistant] homemaker-home health aide¹ pursuant to this section shall be consistent with the tasks that may be generally delegated to ¹[certified nursing assistants] homemaker-home health aides¹ pursuant to the rules of the New Jersey Board of Nursing.

d. ¹[Certified nursing assistant] Homemaker-home health aide¹ services provided by a family member of a Medicaid or NJ FamilyCare enrollee or an approved third-party individual who becomes certified as a ¹[certified nursing assistant] homemaker-home health aide¹ under the program established pursuant to this section shall be reimbursed to a private duty nursing agency at a rate of no less than $30 per hour for such time as the enrollee is under 21 years of age.

e.] d.² The Director of the Division of Medical Assistance and Health Services in the Department of Human Services shall, no later than three years after the date the program is established pursuant to this section, prepare and submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, concerning the viability of the program and the director’s recommendations concerning the program.

2. The Assistant Commissioner of the Division of Medical Assistance and Health Services in the Department of Human Services ²and the New Jersey Board of Nursing² shall ²each² adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement the provisions of this act.

3. The Commissioner of Human Services shall apply for such State plan amendments or waivers as may be necessary to implement the provisions of this act and to secure federal financial participation for State Medicaid expenditures under the federal Medicaid program.

4. This act shall take effect immediately.