Bill Text: NJ S957 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires Director of Division of Developmental Disabilities to align rates for self-directed employees with maximum service provider rates.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-01-31 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S957 Detail]
Download: New_Jersey-2022-S957-Introduced.html
Sponsored by:
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Requires Director of Division of Developmental Disabilities to align rates for self-directed employees with maximum service provider rates.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning rates for services funded by the Division of Developmental Disabilities and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Director of the Division of Developmental Disabilities in the Department of Human Services shall ensure that there is parity between service provider and self-directed employee rates, regarding approved services funded by the division and provided to eligible individuals. These efforts shall include, at a minimum, setting the rates contracted between the division and a service provider as the maximum self-directed employee rates, provided that the rates are for the same service, the same duration, and same level of care.
b. As used in this section:
"Self-directed employee" means a person who is recruited and offered employment directly by an individual who is eligible to receive services funded by the Division of Developmental Disabilities, or the individual's authorized representative, to perform approved services, for which the self-directed employee is qualified.
"Service provider" means an entity or individual who enters into a contract with the Division of Developmental Disabilities to provide approved services to individuals who are eligible to receive services funded by the division.
2. 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.
3. The Commissioner of Human Services shall adopt rules and regulations pursuant to the "Administrative Procedure Act" P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act.
4. This act shall take effect on the first day of the fourth month next following the date of enactment, and shall apply to all services provided on or after the effective date, except that the Commissioner of Human Services may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill requires the Director of the Division of Developmental Disabilities (division) in the Department of Human Services to ensure that there is parity between service provider and self-directed employee rates, regarding approved services funded by the division and provided to eligible individuals. Under the bill: "self-directed employee" means a person who is recruited and offered employment directly by an individual who is eligible to receive services funded by the division, or the individual's authorized representative, to perform approved services, for which the self-directed employee is qualified; and "service provider" means an entity or individual who enters into a contract with the division to provide approved services to individuals who are eligible to receive services funded by the division.
The director's efforts are to include, at a minimum, setting the rates contracted between the division and a service provider as the maximum self-directed employee rates, provided that the rates are for the same service, duration of time, and level of care.
Currently, under the self-direction service model, the individual, or the individual's authorized representative, offering employment to the self-directed employee determines the employee's hourly rate, within a "reasonable and customary" framework. The individual's service budget must be able to support this rate. The comparable service provider rates are specific by amount and are generally much higher. For example, the hourly base rate for high acuity community based supports provided by a service provider is approximately $51.00, while the hourly rate for the same service provided by a self-directed employee is "reasonable and customary." The current threshold for "reasonable and customary" is between approximately $20 and $25 per hour. Under this bill, the maximum hourly rate for a self-directed employee providing community based supports would be equal to the hourly service provider rate of approximately $51.00, provided that the level of care is identical for both services.
