A4138

An Act concerning the development of a public emergency response plan for providers of services to individuals with 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. As used in this section:

“Commissioner” means the Commissioner of Human Services.

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

“Department” means the Department of Human Services.

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

“Patient” means a person with developmental disabilities who receives services from the division or any relevant service provider or facility.

“Public emergency” means an environmental, public health, or public safety emergency that is occurring in New Jersey or in one or more counties, regions, or other parts of the State, and which is officially recognized and declared as an emergency by the Governor of New Jersey or by the President of the United States.

“Relevant service provider or facility” means any person or entity that is licensed, certified, or otherwise authorized by the division to provide services to individuals with developmental disabilities or their families in the State.

“Relevant services” or “services” means services that are provided to individuals with developmental disabilities or their families.

b. The assistant commissioner of the division, in consultation with the commissioner, the Commissioner of Health, and the Director of the State Office of Emergency Management in the Department of Law and Public Safety, shall develop and oversee the implementation of a public emergency response plan for relevant service providers and facilities in the State. At a minimum, the public emergency response plan shall:

(1) establish guidelines and best practices for operations, activities, and procedures that are to be undertaken or implemented by relevant service providers and facilities during a time of public emergency, including, but not limited to, guidelines and best practices governing the general operation of relevant facilities and the actions that are to be undertaken by staff, visitors, and patients in association with the provision or receipt of services during a time of public emergency;

(2) identify the means, methods, and channels through which relevant service providers and facilities will be able to obtain personal protective equipment (PPE), electronic communications equipment, and other resources deemed by the division to be necessary for those providers and facilities to continue to operate and provide services in a safe manner that is conducive to the health, security, and well-being of patients, staff, and visitors during the course of a public emergency; and

(3) address various possible public emergency scenarios and provide for the application of differing standards and best practices under paragraph (1) of this subsection and the use of differing sourcing methods pursuant to paragraph (2) of this subsection for different types of public emergency, as appropriate, while highlighting the standards, best practices, and resource sourcing methods that are applicable for the purposes of any currently declared public emergency.

c. The division shall:

(1) prepare a public emergency response plan, as required by this section, within 30 days after the enactment of this act;

(2) review and revise the plan: (a) on at least a biennial basis after the plan’s initial preparation under paragraph (1) of this subsection; and (b) immediately upon the declaration of any new public emergency in the State; and

(3) provide a copy of the initial response plan developed under paragraph (1) of this subsection and a copy of any revised response plan developed under paragraph (2) of this subsection to the Commissioner of Health, the Commissioner of Human Services, the chairs of the Assembly Human Services Committee and the Senate Health, Human Services and Senior Citizens Committee, or their successor committees, and all relevant service providers and facilities, within 10 days after completion thereof.

d. An updated copy of the response plan prepared pursuant to subsection c. of this section shall be posted on the Internet websites of the department, the division, and the Department of Health.

2. This act shall take effect immediately.

STATEMENT

This bill would require the Assistant Commissioner of the Division of Developmental Disabilities (DDD) in the Department of Human Services (DHS), in consultation with the Commissioners of Human Services and Health and the Director of the State Office of Emergency Management in the Department of Law and Public Safety, to develop and oversee the implementation of a public emergency response plan for service providers and facilities in the State that provide services to individuals with developmental disabilities and their families. At a minimum, the public emergency response plan is to:

1) establish guidelines and best practices for operations, activities, and procedures that are to be undertaken or implemented by relevant service providers and facilities during a time of public emergency, including, but not limited to, guidelines and best practices governing the general operation of relevant facilities and the actions that are to be undertaken by staff, visitors, and patients in association with the provision or receipt of services during a time of public emergency;

2) identify the means, methods, and channels through which relevant service providers and facilities will be able to obtain personal protective equipment (PPE), electronic communications equipment, and other resources deemed by the division to be necessary for those providers and facilities to continue to operate and provide services in a safe manner that is conducive to the health, security, and well-being of patients, staff, and visitors during the course of a public emergency; and

3) address various possible public emergency scenarios and provide for the application of differing standards and best practices and the use of differing resource sourcing methods, as appropriate, for different types of public emergency, while highlighting the standards, best practices, and sourcing methods that are applicable for the purposes of any currently declared public emergency.

The division will be required to: 1) prepare a public emergency response plan, as required by the bill, within 30 days after the date of the bill’s enactment; 2) review and revise the plan on at least a biennial basis after the plan’s initial preparation and immediately upon the declaration of any new public emergency in the State; and 3) provide a copy of the initial response plan and any revised response plan to the Commissioners of Human Services and Health, the chairs of the Assembly Human Services Committee and the Senate Health, Human Services and Senior Citizens Committee, or their successor committees, and all relevant service providers and facilities, within 10 days after completion thereof.

An updated copy of the response plan is to be posted on the Internet websites of the DDD, DHS, and the Department of Health.