LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
ASSEMBLY, No. 2998
STATE OF NEW JERSEY
221st LEGISLATURE
DATED: OCTOBER 25, 2024
SUMMARY
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Synopsis: |
Concerns counseling for minor children of either party to a complaint of domestic violence; makes appropriation. |
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Type of Impact: |
Annual increase in State expenditures and revenue. |
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Agencies Affected: |
Department of Law and Public Safety; Department of Human Services; Department of Children and Families. |
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Office of Legislative Services Estimate |
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Annual Fiscal Impact |
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State Expenditure Increase |
Indeterminate |
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State Revenue Increase |
Indeterminate |
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· The Office of Legislative Services (OLS) determines that this bill will lead to an indeterminate increase in annual State expenditures for the Victims of Crime Compensation Office (VCCO) to cover the cost of up to three counseling sessions for a minor child of either party to a complaint for a restraining order when such counseling is ordered by the court. As a payer of last resort, the VCCO would incur these costs in situations where the minor child is uninsured or underinsured for behavioral health services.
· In events where a minor child, who is covered under Medicaid or the Children’s Health Insurance Program, is ordered to undergo this counseling, the NJ FamilyCare program would incur the costs of the minor’s counseling rather than the VCCO. This would increase State expenditures on associated NJ FamilyCare services within the Department of Human Services and the Department of Children and Families, which would be partially offset by an indeterminate amount of revenue from federal reimbursements.
· The VCCO will also have an increased administrative workload under the bill to respond to and process additional claims due to an increased number of individuals receiving counseling services. Depending on its resource allocation policies, however, the added workload may or may not augment its administrative expenditures.
BILL DESCRIPTION
This bill provides that the victim of an act of domestic violence and the abuser will be advised of any programs or services available for counseling for any minor children of either party to a domestic violence complaint. Current law provides that once a domestic violence complaint is filed, the victim and the abuser should be advised of any programs or services available for advice and counseling. The statute does not require that the victim and the abuser be advised of specific services available for counseling for any minor children of either party to the complaint.
The bill also provides that the court consider a request by a custodial parent who has been subjected to domestic violence by a person with parenting time rights to a child in the parent’s custody for an investigation or evaluation to assess the risk of harm to the child prior to entering a parenting time order. Current law specifies that the investigation or evaluation is to be conducted by the appropriate agency. The bill also expands the list of relief that the court may order to include requiring counseling for any minor children of either party to a complaint for a restraining order.
The bill makes an appropriation from the General Fund to the Victims of Crime Compensation Office in the Department of Law and Public Safety in an amount necessary to cover the cost of three counseling sessions for any counseling ordered by the court for any minor children of either party to a complaint for a restraining order.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS determines that this bill will lead to an indeterminate increase in annual State expenditures for the Victims of Crime Compensation Office to cover the cost of up to three counseling sessions for a minor child of either party to a complaint for a restraining order when such counseling is ordered by the court. As a payer of last resort, the VCCO would incur these costs in situations where the minor child is uninsured or underinsured for behavioral health services.
According to the 2020 New Jersey Domestic Violence Report, the most recent report available, there were 63,058 domestic violence offenses reported by the police, including 14,930 incidents (24 percent) where children were actively involved or present. The OLS is unable to predict how many of these children, assuming the figures are still relevant, will be ordered by the court to undergo counseling in a given year, as counseling of minor children is only one of many types of relief the court may order. The OLS also cannot determine the number of such counseling sessions that will be ordered, the type of counselor that would be utilized, or the share of such children likely to have behavioral health coverage through NJ FamilyCare or other insurance to arrive at a cost estimate. As shown in the table below, the maximum reimbursement provided by the office for counseling services depends upon the type of service provider delivering the counseling.
Currently, counseling services for victims is a benefit that may be compensated by the Victims of Crime Compensation Office. The VCCO’s Victim Counseling Service provides referral services for counseling and therapy to victims of violent crime. The office’s website provides that the “psychological needs of immediate family members of crime victims may also be met.” The Victims of Crime Compensation Office will currently pay out-of-pocket unreimbursable counseling and therapy expenses for each of the listed categories of providers not to exceed the following statutory amounts:
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Medical And Counseling Service Provider |
Maximum Reimbursable Amount by the Victims of Crime Compensation Office |
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Psychiatrist |
$150 per hourly session |
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Unlicensed mental health practitioner (Psy.D., Ph.D., Ed.D.) |
$110 per hourly session |
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State-licensed psychologist |
$110 per hourly session |
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A.C.S.W |
$90 per hourly session |
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Licensed marriage and family therapist |
$90 per hourly session |
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M.S.W. |
$80 per hourly session |
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M.A. (jurisdictions other than New Jersey or in New Jersey practicing in compliance with N.J.S.A.45:14B-6) |
$80 per hourly session |
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Group counseling sessions |
$50 per eligible claimant per session |
As mentioned, the Victims of Crime Compensation Office is a payer of last resort. In events where a minor child covered under Medicaid or the Children’s Health Insurance Program is ordered to undergo counseling per the provisions of the bill, the NJ FamilyCare program would incur the costs of the minor’s counseling either directly (with the State reimbursing providers on a fee-for-service basis) or indirectly (with the additional counseling costs factored into NJ FamilyCare’s managed care capitation rates). The resulting increase in State expenditures on associated NJ FamilyCare behavioral health services within the Department of Human Services and the Department of Children and Families would be partially offset by an indeterminate amount of revenue from federal Medicaid and CHIP reimbursements.
The VCCO will also have an increased administrative workload under the bill to respond to and process additional claims due to an increased number of individuals receiving counseling services. Depending on its resource allocation policies, however, the added workload may or may not augment its administrative expenditures.
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Section: |
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Analyst: |
Lead Fiscal Analyst |
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Approved: |
Thomas Koenig Legislative Budget and Finance Officer |
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).