A2700

An Act concerning licensure of community group homes and supplementing and amending P.L.2012, c.79.

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

1. (New section) Prior to the issuance of a license to operate a community group home pursuant to section 4 of P.L.2012, c.69 (C.30:6D-5.10), the department shall require an applicant to obtain a certificate of preliminary approval from the appropriate municipal officials of the municipality in which the community group home is located. The preliminary approval shall consist of a letter or affidavit from the appropriate municipal officials that the proposed community group home conforms to all applicable municipal ordinances and regulations adopted prior to the date of the request for preliminary approval, including but not limited to, zoning and land use ordinances and regulations. The department shall not approve an application for a license to operate a community group home if the applicant fails to submit this certificate of preliminary approval to the department with the license application.

2. Section 2 of P.L.2012, c.69 (C.30:6D-5.8) is amended to read as follows:

2. As used in [this act] P.L.2012, c.69 (C.30:6D-5.7 et seq.):

"Alternate" means a person 18 years of age or older who assumes the responsibility of a licensee when the licensee is absent from a community care residence.

"Authorized family member" means a relative of the individual with a developmental disability authorized by the individual's guardian, or by the individual if the individual is his own guardian, to receive information pursuant to [this act] P.L.2012, c.69 (C.30:6D-5.7 et seq.).

"Community care residence" or "residence" means a private home or apartment in which an adult or family is licensed by and contracts with the department to provide an individual with a developmental disability with care or training, or both.

"Community group home" means a living arrangement that is operated in a residence or residences leased or owned by a licensee, which provides the opportunity for individuals with developmental disabilities, or drug or alcohol addiction, to live together in a home, sharing in chores and the overall management of the residence, and in which staff provides treatment or specialized services needed to assist the residents to live in a community setting, and supervision, training, or assistance in a variety of forms and intensity as required to assist the residents as they move toward independence.

"Commissioner" means the Commissioner of Human Services.

"Department" means the Department of Human Services.

"Division" means the Division of Developmental Disabilities in the Department of Human Services.

"Licensee" means one or more persons 18 years of age or older who are named on the license issued by the Department of Human Services to operate a community care residence and have overall responsibility for an individual with a developmental disability.

"Negative licensing action" means an action taken that imposes a restriction on a licensee and may include suspension of admissions, issuance of a provisional license of a residence, reduction in the licensed capacity, non-renewal of license, suspension of a license, or revocation of a license.

"Office of Licensing" or "office" means the licensing unit of the Department of Human Services for programs in the Division of Developmental Disabilities.

"Special Response Unit" means the unit in the department that is charged with investigation of serious unusual incidents, as defined by applicable rules and regulations of the department, and is responsible for the investigation of a report of abuse, neglect, or exploitation in a community care residence.

"Substantiated" means the available information obtained during the investigation of an allegation of abuse, neglect, or exploitation indicates a finding by a preponderance of the evidence that an individual with a developmental disability has been harmed or placed at substantial risk of harm by a caretaker or licensee.

"Unfounded" means the available information obtained during the investigation of an allegation of abuse, neglect, or exploitation indicates a finding that there is no risk to the safety or welfare of the individual with a developmental disability.

"Unsubstantiated" means the available information obtained during the investigation of an allegation of abuse, neglect, or exploitation provides some indication of a finding that an individual with a developmental disability has been harmed or placed at substantial risk of harm by a caretaker or licensee.1

(cf: P.L.2012, c.69, s.2)

3. Section 4 of P.L.2012, c.69 (C.30:6D-5.10) is amended to read as follows:

4. a. The Department of Human Services shall require a licensee, as a condition of maintaining a license to operate a community care residence or of issuance or maintenance of a license to operate a community group home, to comply with the following provisions:

(1) A licensee shall, annually, undergo an examination by a physician to ascertain whether the licensee is physically and mentally capable of fulfilling the job duties of a licensee, as specified on the form listing a licensee's job duties prepared by the department pursuant to section 5 of [this act] P.L.2012, c.69 (C.30:6D-5.11) and completed by the physician pursuant to this subsection. Upon conclusion of the examination, the physician shall provide the licensee with a statement as to whether the licensee is capable of fulfilling the duties of a licensee, and complete and attach the form on which the physician shall indicate, for each duty, whether the licensee is capable of fulfilling the duty. The department may, at its discretion, require further physical or mental health examinations of the licensee.

(2) Upon receipt of the physician statement and completed form, a licensee shall provide the statement and form to the department. If a licensee fails to provide the statement and form, the commissioner shall have the authority to: stop any payments to the licensee; seek recovery of any payments to the licensee from the date that the statement and form were due; and not resume payment until such time as the licensee submits the statement and form.

(3) If, after undergoing the examination, a licensee is unable to provide the physician's statement and the completed form, the licensing agency shall take negative licensing action against the licensee.

b. (1) In the event that an individual with a developmental disability is not capable of managing the individual's own funds, a licensee who is responsible for making purchases and disbursements on the individual's behalf shall not make such a purchase or disbursement unless that purchase or disbursement reflects the specific needs of the individual with a developmental disability.

(2) Over a four-year period, the Office of Auditing in the department shall review a random sample of one month's worth of receipts or records for purchases and disbursements made on behalf of each individual with a developmental disability. The case manager and the case manager's supervisor shall also review a random sample of receipts and records of such purchases and disbursements. If it is determined that a purchase or disbursement does not reflect the specific needs of the individual with a developmental disability, that fact shall be documented and the commissioner or the commissioner's designee shall be so advised. The commissioner or the commissioner's designee may instruct the licensing agency to take negative licensing action.

(3) (a) If there is evidence that an inappropriate purchase or disbursement entailed an egregious amount of money, the commissioner or the commissioner's designee shall report the purchase or disbursement to the Attorney General.

(b) If there is evidence that a case manager was aware of an egregious inappropriate purchase or disbursement and failed to document that fact or notify the case manager's supervisor, the commissioner or the commissioner's designee shall notify the Attorney General.

c. A licensee shall annually attend a continuing education program conducted or approved by the department, as provided for in section 5 of [this act] P.L.2012, c.69 (C.30:6D-5.11).

d. A licensee shall annually take a two-week leave from providing services to an individual with a developmental disability residing in a community care residence, during which time an alternate shall provide care or training, or both, to the individual with a developmental disability.

e. A licensee shall demonstrate to the case manager the licensee's ability to provide any physical assistance that individuals in the licensed home may require.

f. A licensee shall immediately notify the responsible placing agency in the event of a lapse in the individual's participation or attendance in the individual's day program that exceeds a duration of five consecutive days, with the exception of a planned vacation or a documented medical reason.

(cf: P.L.2012, c.69, s.4)

4. Section 5 of P.L.2012, c.69 (C.30:6D-5.11) is amended to read as follows:

5. a. The department may issue a provisional license to operate a community care residence, not to exceed a three-month period, during which time the licensee shall demonstrate the ability to comply with the provisions of [this act] P.L.2012, c.69 (C.30:6D-5.7 et seq.) and the licensing standards adopted by regulation of the department for the operation of a community care residence. The department may only issue a provisional license to operate a community group home, not to exceed a three-month period, if the licensee first obtains and submits the certificate of preliminary approval to the department pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. The department shall conduct, or approve another entity to conduct, a continuing education program for a licensee.

c. The department shall prepare a form listing the job duties of a licensee and biennially distribute the form to a licensee for completion by the licensee's physician in accordance with the provisions of section 4 of [this act] P.L.2012, c.69 (C.30:6D-5.10). The form shall contain a check list on which the physician shall indicate a licensee's ability to perform each duty.

(cf: P.L.2012, c.69, s.5)

5. This act shall take effect immediately.

STATEMENT

This bill requires preliminary approval by a municipality as a condition for the Department of Human Services (department) to be able to issue a license to operate a community group home.

The bill defines the term "community group home" to mean a living arrangement that is operated in a residence or residences leased or owned by a licensee, which provides the opportunity for individuals with developmental disabilities, or drug or alcohol addiction, to live together in a home, sharing in chores and the overall management of the residence, and in which staff provides treatment or specialized services needed to assist the residents to live in a community setting, and supervision, training, or assistance in a variety of forms and intensity as required to assist the residents as they move toward independence.

Specifically, the bill requires an applicant who seeks a license from the department to operate a community group home to first obtain a certificate of preliminary approval from the appropriate municipal officials in the municipality in which the community group home is located. The bill requires the preliminary approval to consist of a letter or affidavit from the appropriate municipal officials that the proposed community group home conforms to all applicable municipal ordinances and regulations adopted prior to the date of the request for preliminary approval, including but not limited to, zoning and land use ordinances and regulations. The bill further requires that the department not approve an application for a provisional license, or thereafter, a permanent license, to operate a community group home if the applicant fails to provide this certificate of preliminary approval to the department with the license application.