A2442

An Act requiring the certification and registering of community agency employees and supplementing chapter 6D of Title 30 of the Revised Statutes.

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

1. The Legislature finds and declares that:

a. Thousands of persons with a developmental disability in New Jersey live in residential settings in the community, such as group homes and supervised apartments, and also participate in activities in day programs.

b. A person with a developmental disability who receives services from the Division of Developmental Disabilities in the Department of Human Services in these residential and day settings receives “direct care services,” which are non-professional services that include services designed to increase independence in life skill areas, and health-related and transferring services.

c. Over the next five years, the State will change many placements for persons with a developmental disability from institutional to “least restrictive” environments in the community, due to the 1999 United States Supreme Court decision in Olmstead v. L.C.

d. To ensure that persons with a developmental disability in the community, where there is less supervision and accountability, receive the necessary level of care, it is important for the department to certify that the persons providing direct care services to this vulnerable population meet certain standards with respect to skills, education, experience, and other qualifications.

e. A registry of persons who are certified to provide direct care services would enable providers and families to select employees who have met the State’s established standards for persons who provide direct care services.

2. As used in this act:

“Certificate” means a certificate issued pursuant to section 4 of this act.

“Commissioner” means the Commissioner of Human Services.

“Community agency” means a community agency as defined in section 1 of P.L.1999, c.358 (C.30:6D-63).

“Community agency employee” means a community agency employee as defined in section 1 of P.L1999, c.358 (C.30:6D-63).

“Department” means the Department of Human Services.

“Department client” means a person with a developmental disability who is eligible for services from the division and receives direct care services from a community agency employee.

“Direct care services” means non-professional services provided to department clients and these services include, but are not limited to: services designed to increase independence in life skill areas, such as job readiness, personal hygiene, exercise, social skills, money management, math, reading and writing; and transferring and health-related services.

“Division” means the Division of Developmental Disabilities in the Department of Human Services.

“Registry” means the “Registry of Certified Community Agency Employees” established pursuant to section 6 of this act.

3. a. A community agency or community agency head shall not hire a person to provide direct care services unless that person has first been certified by the department as a certified community agency employee pursuant to this act and is listed on the registry established pursuant to section 6 of this act. The community agency head or his designee shall contact the department which shall conduct a search of the registry to determine whether a prospective employee is a certified community agency employee, and the department shall advise the community agency head or designee accordingly.

b. A community agency shall document in its records that it has complied with the provisions of subsection a. of this section.

c. Notwithstanding the provisions of subsection a. of this section to the contrary, provisional employment of a person is authorized for a period not to exceed six months if the person:

(1) submits the sworn statement described in subsection e. of section 2 of P.L.1999, c.358 (C.30:6D-64) attesting that the person has not been convicted of any crime or disorderly persons offense described in P.L.1999, c.358, pending a determination that no State or federal criminal history record background information exists on file which would disqualify the person from employment pursuant to P.L.1999, c.358; and

(2) agrees to complete the training program provided for in section 5 of this act, pending such successful completion of the program.

A person who is provisionally employed pursuant to this subsection shall perform his duties under the supervision of a superior who acts in a supervisory capacity over that person until the determination concerning the federal and State criminal history record background information and the successful training are completed.

d. A person who is employed as a community agency employee on the effective date of this act and who has previously satisfied the requirements to be a certified community agency employee pursuant to section 4 of this act shall be certified by the department as a certified community agency employee. If such requirements have not been previously satisfied, the employee shall complete the requirements for certification within six months of the effective date of this act.

e. A community agency shall maintain records that are sufficient to verify the employment of a person who was previously employed by the agency as a community agency employee and is not currently employed by the community agency, but whose previous employment at the agency makes the person eligible for recertification in accordance with section 4 of this act.

4. a. The commissioner shall certify a person as a certified community agency employee if the person:

(1) is over 18 years of age;

(2) possesses a high school diploma;

(3) has successfully completed the criminal history record background check conducted pursuant to P.L.1999, c.358 (C.30:6D-63 et seq.);

(4) has successfully completed the training program established by the division pursuant to section 5 of this act; and

(5) has a negative Mantoux tuberculin skin test.

b. The commissioner shall issue to a person who has satisfied the requirements of subsection a. of this section a certificate indicating that the person is a certified community agency employee. The certificate shall contain the date of issue and expiration of the certification, which shall be valid for two years from the date of issue.

c. The commissioner shall, by the end of the two-year certification period, recertify a certified community agency employee if:

(1) the employee has a current, valid certificate and has been employed for pay by a community agency to perform direct care services in a community agency for at least 150 hours during the 12-month period preceding the expiration of the certificate; and

(2) the employee’s certificate has not been revoked or suspended pursuant to section 6 of this act.

d. If a certified community agency employee does not meet the requirements for recertification as provided for in subsection c. of this section, the employee shall repeat the requirements for certification specified in paragraphs (3) (4) and (5) of subsection a. of this section in order to be a certified community agency employee included on the registry.

5. The division shall establish a certification training curriculum which shall, at a minimum, include an overview of issues and concerns for persons with a developmental disability; and training in the following areas: administration of medication; the prevention of abuse and neglect; American Red Cross Standard First Aid and cardio-pulmonary resuscitation; and the requirements of “Danielle’s Law,” in accordance with P.L.2003, c.191 (C.30:6D-5.1 et seq.).

6. a. There is established in the Department of Human Services a “Registry of Certified Community Agency Employees.” The registry shall contain the following information:

(1) the name and home address of each certified community agency employee;

(2) the name of the most recent employer, and the work location of each certified community agency employee in the State; and

(3) the date of the employee’s certification or recertification, as appropriate.

b. The commissioner, or his designee, shall suspend or revoke the certificate of a certified community agency employee, and shall remove that person’s entry from the registry if:

(1) the employee is the subject of a finding of abuse, neglect or misappropriation of property of a resident of a community agency, assisted living residence or nursing home, or of a patient, resident or client of any other facility or agency licensed by the Departments of Human Services or Health and Senior Services;

(2) the employee is the subject of a conviction or guilty plea to a crime or offense listed in subsection b. of section 2 of P.L.1999, c.358 (C.30:6D-64), except that the employee’s entry in the registry shall not be removed if the employee has affirmatively demonstrated clear and convincing evidence of rehabilitation pursuant to subsection f. of section 2 of P.L.1999, c.358 (C.30:6D-64); or

(3) the employee has participated in the sale, purchase or alteration of a certificate or used fraudulent means to secure the certificate, including filing false information on the application, or forgery, imposture, dishonesty or cheating on an examination.

c. A person whose certificate is revoked or suspended pursuant to this section shall have the right to appeal to the commissioner for an expedited hearing at the Office of Administrative Law, which shall be conducted pursuant to the “Administrative Procedure Act,”

P.L.1968, c.410 (C.52:14B-1 et seq.).

7. The information in the registry shall be considered a public or government record under P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.) and shall be subject to disclosure to the public.

8. Pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt rules and regulations to effectuate the purposes of this act.

9. This act shall take effect on the first day of the seventh month next following the date of enactment, but the Commissioner of Human Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

STATEMENT

This bill provides that a community agency, which is a public or private agency under contract with the Department of Human Services (DHS) to provide services to department clients who have developmental disabilities, shall not hire a person to provide direct care services to these department clients unless that person has first been certified by DHS as a certified community agency employee and is listed on the “Registry of Certified Community Agency Employees” established in DHS in the bill.

Specifically, the bill requires the Commissioner of Human Services to certify a person as a certified community agency employee if the person:

· is over 18 years of age;

· possesses a high school diploma;

· has successfully completed a criminal history record background check and a training program established by the Division of Developmental Disabilities; and

· has a negative Mantoux tuberculin skin test.

A person who is employed as a community agency employee on the bill’s effective who has previously satisfied the certification requirements would be “grandfathered in” as a certified community agency employee. However, if the requirements have not been previously satisfied, the employee must complete the requirements for certification within six months of the bill’s effective date. In addition, the bill provides for six months of provisional employment for newly hired employees, pending successful completion of the background check and training program. Provisionally hired employees would work under the supervision of a superior who acts in a supervisory capacity over that employee.

The commissioner would issue a certificate to indicate that the person is a certified community agency employee and the certificate would be valid for two years from the date of issue. By the end of the two-year certification period the commissioner would recertify a certified community agency employee if:

· the employee has a current, valid certificate and has been employed for pay by a community agency to perform direct care services in a community agency for at least 150 hours during the 12-month period preceding the expiration of the certificate; and

· the employee’s certificate has not been revoked or suspended.

If a certified community agency employee does not meet the requirements for recertification, the employee would need to repeat certain initial requirements to be certified and included on the registry.

The bill also requires the Division of Developmental Disabilities in DHS to establish a certification training curriculum which shall, at a minimum, include an overview of issues and concerns for persons with a developmental disability, and training in the following areas: medication administration; the prevention of abuse and neglect; American Red Cross Standard First Aid and cardio-pulmonary resuscitation training; and the requirements of “Danielle’s Law,” in accordance with P.L.2003, c.191 (C.30:6D-5.1 et seq.).

The registry, which is considered a public record under the bill, would contain:

· the name and home address of each certified community agency employee;

· the name of the most recent employer, and the work location of each certified community agency employee in the State; and

· the date of the employee’s certification or recertification, as appropriate.

The commissioner, or his designee, is required to suspend or revoke the certificate of a certified community agency employee, and remove that person’s entry from the registry if:

· the employee is the subject of a finding of abuse, neglect or misappropriation of property of a resident of a community agency, assisted living residence or nursing home, or of a patient, resident or client of any other facility or agency licensed by the Departments of Human Services or Health and Senior services;

· the employee is the subject of a conviction or guilty plea to a crime or offense listed section 2 of P.L.1999, c.358 (C.30:6D-64), except that the employee’s entry in the registry shall not be removed if the employee has affirmatively demonstrated clear and convincing evidence of rehabilitation under P.L.1999, c.358; or

· the employee has participated in the sale, purchase or alteration of a certificate or used fraudulent means to secure the certificate, including filing false information on the application, or forgery, imposture, dishonesty or cheating on an examination.

If a certificate is revoked or suspended the person would have the right to appeal to the commissioner for an expedited hearing at the Office of Administrative Law, which would be conducted pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).

The bill provides for rule making by the Commissioner of Human Services and has a delayed effective date of the first day of the seventh month following enactment.