ASSEMBLY, No. 2207

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED JANUARY 27, 2014

 


 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman  JOSEPH A. LAGANA

District 38 (Bergen and Passaic)

Assemblyman  THOMAS P. GIBLIN

District 34 (Essex and Passaic)

Assemblyman  CARMELO G. GARCIA

District 33 (Hudson)

 

Co-Sponsored by:

Assemblyman Coughlin and Assemblywoman Spencer

 

 

 

 

SYNOPSIS

     Expands definition and licensure requirements for health care service firms.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning licensure of health care service firms and amending P.L.2002, c.126.

 

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

 

     1.    Section 1 of P.L.2002, c.126 (C.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.] al.), 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 companion, health care, or personal care services in the personal residence of a person with a disability or a senior citizen age 60 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] section:

     “Companion services” means basic supervision and socialization services.

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

     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.    As a condition of licensure under P.L.1989, c.331 (C.34:8-43 et al.), a health care service firm shall obtain accreditation from an accrediting body that is recognized by the Commissioner of Human Services as an accrediting body for homemaker agencies participating in the Medicaid program, as set forth at N.J.A.C.10:60-1.2.

     d.    As a condition of licensure under P.L.1989, c.331 (C.34:8-43 et al.), a health care service firm that receives government funds for any services provided shall cause to be prepared an annual audit of its financial transactions.  The audit shall be conducted in accordance with the federal “Single Audit Act of 1984”, Pub.L.98-502, as amended by the “Single Audit Act Amendments of 1996,” Pub.L.104-156 (31 U.S.C. s.7501 et seq.), generally accepted auditing standards as specified in the Statements on Auditing Standards issued by the American Institute of Certified Public Accountants, and Government Auditing Standards issued by the Comptroller General of the United States.

(cf:  P.L.2002, c.126, s.1)

 

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

 

     3.    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 by health care service firms regulated by the Division of Consumer Affairs (DCA) in the Department of Law and Public Safety.

     The bill expands the definition of a health care service firm to include firms that place or arrange for the 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 definition in current law only includes firms that place or arrange for the placement of personnel to provide health care or personal care services.

     The bill requires that health care service firms, as a condition of licensure, obtain accreditation from an accrediting body that is recognized by the Commissioner of Human Services as an accrediting body for homemaker agencies participating in the Medicaid program.  As an additional condition of licensure, if a health care service firm receives government funds for any services provided, it must also cause to be performed an independent audit of its financial transactions.

     The bill provides for rulemaking by the Director of DCA, and has a delayed effective date of the first day of the fourth month following its enactment.