Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris)
SYNOPSIS
Establishes "Division of Developmental Disabilities Care and Maintenance Contribution Rate Appeals Board."
CURRENT VERSION OF TEXT
As introduced.
An Act establishing the "Division of Developmental Disabilities Care and Maintenance Contribution Rate Appeals Board" and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Board" means the "Division of Developmental Disabilities Care and Maintenance Contribution Rate Appeals Board" established pursuant to section 2 of this act.
"Department" means the Department of Human Services.
"Developmental Disability" or "developmentally disabled" means "developmental disability" or "developmentally disabled" as those terms are defined in section 2 of P.L.1977, c.448 (C.30:11B-2).
"Director" means the Director of the Division of Developmental Disabilities in the Department of Human Services.
"Division" means the Division of Developmental Disabilities in the Department of Human Services.
2. a. There is established, in the department, an appeals board to be known as the "Division of Developmental Disabilities Care and Maintenance Contribution Rate Appeals Board." The board shall be independent of any supervision or control by the department or division.
b. The board shall consist of five members, the director or his designee, who shall serve ex officio, and four public members appointed by the Governor as follows: one representative from The Arc of New Jersey; and three persons who are residents of the State who each have at least one developmentally disabled relative, one of whom resides in the person's home, one of whom resides in a State developmental center listed in R.S.30:1-7 and one of whom resides in a community residence for the developmentally disabled, as defined in section 2 of P.L.1977, c.448 (C.30:11B-2).
c. The public members shall serve for a term of three years from the date of their appointment and until their successors are appointed and qualified; except that of the members first appointed, two shall serve for a term of three years, one shall serve for a term of two years, and one shall serve for a term of one year. Vacancies shall be filled for the balance of the unexpired term in the same manner as the original appointments were made. A member of the board shall be eligible for reappointment.
d. The members of the board shall serve without compensation, but shall be reimbursed for necessary and reasonable expenses actually incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the board for this purpose.
e. The board shall organize as soon as practicable following the appointment of its members and select a chairperson and vice-chairperson from among the members. The chairperson shall appoint a secretary who need not be a member of the board.
f. The board shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county or municipal department, board, bureau, commission or agency as it may require and as may be available to it for its purpose.
3. a. Notwithstanding the provisions of any other law or rule or regulation to the contrary, the board shall have the authority to: hear an appeal from a person seeking to reverse a decision of the division or department concerning the contribution rate for care and maintenance costs of a person with a developmental disability; review the issues presented at a hearing conducted pursuant to this section; and render a written decision pursuant to this section.
b. If a person with a developmental disability is denied a request to retain funds in excess of the rate allowed by State regulation, the division shall, within 10 days of such denial, notify the person with a developmental disability or his guardian or legal representative, as applicable, of the opportunity for a hearing concerning the person's contribution rate for care and maintenance costs. The notice, at a minimum, shall include:
(1) a statement of the time, place and nature of the hearing;
(2) a statement of the legal authority under which the hearing is to be held;
(3) a reference to the rule, regulation or statute that is at issue in the hearing; and
(4) a short and plain explanation of the matter at issue in the hearing.
c. All parties shall be afforded the opportunity to respond, appear and present evidence and argument concerning the contribution rate for care and maintenance costs at the hearing.
d. Within 30 days of the conclusion of the hearing, the chairperson of the board, or another board member designated by the chairperson, shall issue a written decision which shall include the board's findings of fact and the basis for the board's decision.
e. The written decision of the board, upon issuance, shall be delivered or mailed to the person with a developmental disability or his guardian or legal representative, as applicable.
f. The decision of the board shall be considered a final decision.
4. This act shall take effect on the 90th day after enactment.
STATEMENT
This bill establishes a five-member board, the "Division of Developmental Disabilities Care and Maintenance Contribution Rate Appeals Board," in the Department of Human Services. The board would be independent of any supervision or control by the department or the Division of Developmental Disabilities and would consist of the Director of the Division of Developmental Disabilities, or his designee, and four public members appointed by the Governor as follows: one representative from The Arc of New Jersey; and three persons who are residents of the State who each have at least one developmentally disabled relative, one of whom resides in the person's home, one of whom resides in a State developmental center and one of whom resides in a community residence for the developmentally disabled.
The board would have the authority to:
- hear an appeal to reverse a decision concerning the contribution rate for care and maintenance costs of a person with a developmental disability;
- review the issues presented at the hearing; and
- render a written decision.
The current contribution rate to the State for care and maintenance costs of a person with a developmental disability is 75% of the person's disposable monthly income. N.J.A.C.10:46D-3.1 permits a person to make a request to retain funds in excess of 25%, but the regulation provides for limited circumstances under which the request may be granted.
Under the provisions of the bill, if a person with a developmental disability is denied a request to retain funds in excess of the rate allowed by State regulation, the division must, within 10 days of the denial, notify the person with a developmental disability or his guardian or legal representative, as applicable, of the opportunity for a hearing concerning the person's contribution rate for care and maintenance costs. The notice, at a minimum, must include:
- a statement of the time, place and nature of the hearing;
- a statement of the legal authority under which the hearing is to be held;
- a reference to the rule, regulation or statute that is at issue in the hearing; and
- a short and plain explanation of the matter at issue in the hearing.
All parties would be afforded the opportunity to respond, appear and present evidence and argument at the hearing concerning the contribution rate for care and maintenance costs.
In addition, within 30 days of the conclusion of the hearing, the chairperson of the board, or another board member designated by the chairperson, must issue a written decision which includes the board's findings of fact and the basis for the board's decision. The written decision, upon issuance, would be delivered or mailed to the person with a developmental disability or his guardian or legal representative, as applicable. The decision of the board shall be considered a final decision.
The bill has a delayed effective date of 90 days to allow time for the appointment of public members to the board.