ASSEMBLY, No. 1150

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Assemblywoman  PAMELA R. LAMPITT

District 6 (Burlington and Camden)

Assemblywoman  CONNIE WAGNER

District 38 (Bergen and Passaic)

Assemblyman  ALBERT COUTINHO

District 29 (Essex)

 

 

 

 

SYNOPSIS

     Directs certain recoveries of federal funds for services to persons with developmental disabilities be used for grants to support community infrastructure purposes.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning distribution of federal Community Care Waiver funds and supplementing Title 30 of the Revised Statutes.

 

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

 

     1.    a.  If the Department of Human Services receives federal reimbursement, including but not limited to retroactive reimbursement, through a Community Care Waiver for services for persons with developmental disabilities that are in excess of the amount anticipated in the annual appropriations act, the excess amount shall be used first to offset any deficits that may exist respecting contracts between the Division of Developmental Disabilities and community provider agencies, after which any remaining funds shall be deposited in the Developmental Disabilities Community Infrastructure Fund established pursuant to section 2 of this act and used solely as set forth in subsection b. of this section.

     b.    Any federal funds identified in subsection a. of this section shall be used to provide one-time grants for purposes that directly benefit persons with developmental disabilities who live in the community or who seek to live in community settings.  Persons may apply for grants through a community provider under contract with the division, and the division shall award grants in accordance with the following priorities:

     (1)   updating and repairing facilities and infrastructure that directly affect residential and transportation needs;

     (2)   purchasing accessibility equipment; and

     (3)   assistive technology.

 

     2.    a.  There is established a nonlapsing fund in the Department of Human Services to be known as the Developmental Disabilities Community Infrastructure Fund.  Any monies identified in section 1 of this act shall be deposited in the fund and used to provide one-time grants as provided in section 1 of this act.

     b.    The Director of the Division of Developmental Disabilities shall establish eligibility criteria for receipt of grants from the fund and the procedures for applying for a grant.

 

     3.    Within 12 months following the effective date of this act, and annually thereafter, the Director of the Division of Developmental Disabilities shall prepare and submit a report, in accordance with section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Senate Health, Human Services and Senior Citizens and Assembly Human Services committees that details the expenditures made pursuant to section 1 of P.L.   , c.   (C.     )(pending before the Legislature as this bill).


     4.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill creates a fund in the Department of Human Services for any excess unanticipated federal funds received through a Community Care Waiver for the provision of services to persons with developmental disabilities, and establishes priorities for spending those funds.  The purpose of this bill is to ensure that federal funds which the State receives for the benefit of persons with developmental disabilities in the community are used to directly benefit those individuals.

     Specifically, the bill provides that if the Department of Human Services receives federal reimbursement, including but not limited to retroactive reimbursement, through a community care waiver for services for persons with developmental disabilities and the funds exceed the amount anticipated in the annual appropriations act, the excess funds shall be used first to offset any deficits that may exist respecting contracts between the Division of Developmental Disabilities and community provider agencies.  Any remaining funds will be deposited in the Developmental Disabilities Community Infrastructure Fund and used solely to fulfill the following priorities: updating and repairing facilities and infrastructure that directly affect residential and transportation needs, purchasing accessibility equipment, and purchasing assistive technology.

     The bill also requires that the Director of the Division of Developmental Disabilities report annually to the Senate Health, Human Services and Senior Citizens and Assembly Human Services committees, detailing the expenditures made under this bill.