Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman THOMAS P. GIBLIN
District 34 (Essex and Passaic)
Senator VIN GOPAL
District 11 (Monmouth)
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
Co-Sponsored by:
Assemblyman Chiaravalloti, Assemblywomen Tucker, Quijano, Speight, Lopez, Downey, Swain, Assemblyman Tully, Senators Pou and Diegnan
SYNOPSIS
Requires Department of Human Services to develop public emergency response plan for licensed providers of services to individuals with developmental disabilities.
CURRENT VERSION OF TEXT
As reported by the Assembly Human Services Committee on June 25, 2020, with amendments.
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:
1[“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.]
“Client” means an individual with a developmental disability who receives services from the department or any licensed service provider.1
“Department” means the Department of Human Services.
1[“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 department or any service provider or facility]
“Licensed service provider” means a person or entity that is licensed, certified, or otherwise authorized by the department to provide services to individuals with developmental disabilities in the State1.
“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.
1[“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.]1
b. The 1[assistant commissioner of the division] Department of Human Services1, in consultation with the 1[commissioner, the Commissioner] Department1 of Health, 1the Ombudsman for Individuals with Intellectual or Developmental Disabilities and Their Families, licensed service providers,1 and the 1[Director of the]1 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 1[relevant] licensed1 service providers 1[and facilities]1 in the State. At a minimum, the public emergency response plan shall:
(1) establish guidelines and best practices for 1the general and specific1 operations, activities, and procedures that are to be undertaken or implemented by 1[relevant] licensed1 service providers 1[and facilities]1 during a 1[time of]1 public emergency1[, 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 public emergency]1;
(2) 1to the extent feasible,1 identify the means, methods, and channels through which 1[relevant] licensed1 service providers 1[and facilities will be able to] may1 obtain personal protective equipment (PPE) 1[, 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] and other equipment or services that are critical to the maintenance of ongoing operations1 during the course of a public emergency; 1[and]1
(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 1; and
(4) be consistent with, and incorporate, any relevant guidance that is published by the U.S. Department of Health and Human Services, the federal Centers for Disease Control and Prevention, and any other federal agencies that are involved in the remediation of public emergencies1.
c. The 1[division] department1 shall:
(1) prepare a public emergency response plan, as required by this section, within 1[30] 601 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) 1[immediately upon] as soon as is possible following1 the declaration of any new public emergency in the State; and
(3) 1[provide a copy of] post, at a publicly accessible location on the department’s Internet website,1 the initial response plan developed under paragraph (1) of this subsection and 1[a copy of]1 any revised response plan developed under paragraph (2) of this subsection 1[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]1.
2. This act shall take effect immediately.