New Jersey-2010-S1328-Introduced

An Act concerning home health care, amending P.L.2002, c.126 and P.L.2002, c.81, and supplementing chapter 2H of Title 26 of the Revised Statutes.

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

1. Section 1 of P.L.2002, c.126 (34:8-45.1) is amended to read as follows:

1. a. Notwithstanding any other law or regulation to the contrary, an employment agency required to be licensed pursuant to P.L.1989, c.331 (C.34:8-43 et seq.), or any other firm, company, business, agency or other entity that is not a home health care agency licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), which places or arranges for the placement of personnel to provide health care [or], personal care or companion services in the personal residence of a person with a disability or a senior citizen age 60 years or older, regardless of the title by which the provider of the health care or personal care services is known, shall be considered a Health Care Service Firm pursuant to N.J.A.C.13:45B-14.1 et seq. and shall be subject to the rules and regulations governing Health Care Service Firms adopted by the Division of Consumer Affairs in the Department of Law and Public Safety.

As used in this subsection:

"Companion services" means basic supervision and socialization services;

"Health care services" means any services (1) rendered for the purpose of maintaining or restoring an individual's physical or mental health or any health related services, and (2) for which a license or certification is required as a pre-condition to the rendering of such services; and

"Personal care services" shall include, but not be limited to, bathing, toileting, transferring, dressing, grooming, and assistance with ambulation, exercise, or other aspects of personal hygiene.

b. An agency or other entity which places or arranges for the placement of personnel in the personal residence of a person with a disability or a senior citizen age 60 years or older for the exclusive purpose of providing [companion,] housekeeping, meal preparation, shopping, laundry, cleaning or transportation services shall not be considered a Health Care Service Firm pursuant to this act.

c. A health care service firm shall not place or arrange for the placement of a person pursuant to subsection a. of this section, unless the person has been certified as a homemaker-home health aide by the New Jersey Board of Nursing, or has obtained the licensure or certification that is required as a pre-condition to rendering the health care services.

(cf: P.L.2002, c.126, s.1)

2. Section 2 of P.L.2002, c.81 (C.34:8-79) is amended to read as follows:

2. a. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Commissioner of Health and Senior Services, shall require that, no later than the 180th day after the date of enactment of this act, each health care service firm regulated by the Division of Consumer Affairs shall provide the following information to each patient receiving home-based services from that firm, or to a person designated by the patient:

(1) the name and certification or licensure title, as applicable, of the homemaker-home health aide or other health care professional whose practice is regulated pursuant to Title 45 of the Revised Statutes, to be displayed on an identification tag as required by regulation of the New Jersey Board of Nursing, or as otherwise to be prescribed by regulation of the director for other health care professionals, that the homemaker-home health aide or other health care professional shall wear at all times while examining, observing or caring for the patient; and

(2) a copy of the most current edition of the consumer guide to homemaker-home health aides published by the New Jersey Board of Nursing.

[b. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Commissioner of Health and Senior Services, shall require that, no later than the 180th day after the date of enactment of this act, each health care service firm, employment agency or registry and temporary help service firm or personnel consultant regulated by the Division of Consumer Affairs shall provide the following information in writing to each consumer receiving home-based services, including, but not limited to, domestic, companion, sitter and live-in services, from a person who is employed by that firm, agency, registry or consultant and is not a certified homemaker-home health aide or other health care professional whose practice is regulated pursuant to Title 45 of the Revised Statutes, or to a person designated by the consumer:

(1) notification that the person is not a certified homemaker-home health aide or other health care professional whose practice is regulated pursuant to Title 45 of the Revised Statutes;

(2) any training received by that person which the firm, agency, registry or consultant deems relevant to the provision of those services that the person is assigned to provide to the consumer;

(3) proof that the person is a United States citizen or legally documented alien; and

(4) evidence of employment history verification or character references for that person.] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)

c. The information provided pursuant to [subsections] subsection a. [and b.] of this section shall be provided:

(1) in advance of the provision of services to the patient or consumer, as applicable, whenever possible; and

(2) otherwise upon the initial visit to the patient's or consumer's home of the person assigned to provide services to the patient or consumer.

d. Beginning on the first day of the 13th month after the date of enactment of this act, the identification tag required pursuant to subsection a. of this section shall include a photograph of the homemaker-home health aide or other health care professional.

e. The director, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.

(cf: P.L.2002,c.81,s.2)

3. (New section) a. The Commissioner of Health and Senior Services shall prohibit a home health agency licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) from placing a person to provide health care, personal care, or companion services in the personal residence of a person with a disability or a senior citizen age 60 years or older, unless the person has been certified as a homemaker-home health aide by the New Jersey Board of Nursing, or has obtained the licensure or certification that is required as a pre-condition to rendering the health care services.

b. As used in this section:

"Companion services" means basic supervision and socialization services;

"Personal care services" shall include, but not be limited to, bathing, toileting, transferring, dressing, grooming, and assistance with ambulation, exercise, or other aspects of personal hygiene.

4. a. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Commissioner of Health and Senior Services, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B- 1 et seq.), rules and regulations necessary to effectuate the purposes of this act.

b. The Commissioner of Health and Senior Services, in consultation with the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B- 1 et seq.), rules and regulations necessary to effectuate the purposes of this act.

5. This act shall take effect on the first day of the fourth month next following the date of enactment.

STATEMENT

This bill concerns the provision of home health services and provides that home health agencies, licensed by the Department of Health and Senior Services, and health care service firms, regulated by the Division of Consumer Affairs (DCA) in the Department of Law and Public Safety, shall not place or arrange for the placement of personnel to provide health care, personal care, or companion services in the personal residence of a person with a disability or senior citizen 60 years of age or older, unless the service provider has been certified as a homemaker-home health aide by the New Jersey Board of Nursing or has obtained the licensure or certification that is required as a pre-condition to the rendering of health care services. The bill defines:

� "companion services" to mean basic supervision and socialization services;

� "health care services" to mean any services (1) rendered for the purpose of maintaining or restoring an individual's physical or mental health or any health related services, and (2) for which a license or certification is required as a pre-condition to the rendering of such services; and

� "personal care services" to include, but not be limited to, bathing, toileting, transferring, dressing, grooming, and assistance with ambulation, exercise, or other aspects of personal hygiene.

In addition, the bill amends section 1 of P.L.2002, c.126 (C.34:8-45.1), to include as a health care service firm those entities that place or arrange for placement of personnel to provide companion services exclusively in the personal residence of a person with a disability or senior citizen 60 years of age or over.

The bill also amends section 2 of P.L.2002, c.81 (C.34:8-79) to delete language that had required information to be provided to consumers about home-based services provided by a person who is not a certified homemaker-home health aide or other licensed health care professional, since this bill would prohibit such placements.

The bill provides for rule making by the Director of DCA and the Commissioner of Health and Senior Services, and has a delayed effective date of the first day of the fourth month following the bill's enactment.

It is anticipated that this legislation will help prevent reoccurrences of an incident in which a "companion," who was not a certified homemaker-home health aide, attempted to take advantage financially of an elderly woman. Certified homemaker-home health aides undergo criminal history record background checks as a condition of employment and two-year follow-up reviews. They also must complete a training program pursuant to standards prescribed by the New Jersey Board of Nursing.