S1036

An Act establishing a Personal Care Assistance Task Force, and supplementing Title 26 of the Revised Statutes.

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

1. a. There is established, in the Department of Human Services, a Personal Care Assistance Task Force.

b. The task force shall consist of 15 members as follows:

(1) the Commissioner of Human Services, the Commissioner of Health, and the Ombudsman for Individuals with Intellectual or Developmental Disabilities and Their Families, or the designees thereof, who shall serve ex officio; and

(2) 12 public members, including: (a) three persons who represent different disability advocacy groups from each of the northern, central, and southern regions of the State; and (b) nine persons who are receiving personal care assistance benefits or are acting as a caregiver for a person who is receiving personal care assistance benefits, including at least one such person who is a student of higher education. The 12 members appointed pursuant to this paragraph shall, to the maximum extent practicable, provide for the equal representation of all genders, age-groups, and levels of need.

c. Of the 12 public members appointed to the task force, four shall be appointed by the Governor, three shall be appointed by the President of the Senate, three shall be appointed by the Speaker of the General Assembly, one shall be appointed by the minority leader of the Senate, and one shall be appointed by the minority leader of the General Assembly.

d. Each public member of the task force shall serve for a term of five years, except that, of the members first appointed, four shall serve for terms of five years, four shall serve for terms of four years, and four shall serve for terms of three years. Each member shall hold office for the term of appointment, and until their successor is appointed and qualified.

e. Any vacancy in the task force membership shall be filled for the unexpired term, in the same manner provided for the original appointment. Members shall be eligible for reappointment to the task force.

f. The Commissioner of Human Services shall serve as chair of the task force.

g. The purpose and duties of the task force shall be to:

(1) study the accuracy of the personal care assistance evaluation tool;

(2) study the feasibility of incorporating an additional index within the personal care assistance evaluation tool to account for the needs of students of higher education who are living on campus; and

(3) study the feasibility of the State hiring a third party to determine the allotment of personal care assistance and private duty nursing benefits.

h. The task force shall organize as soon as practicable after the appointment of a majority of its members, and may meet and hold hearings at such places and times as the chair shall designate.

i. The Department of Human Services shall provide professional and clerical staff to the task force as may be necessary for the task force’s purposes, and the task force shall also be entitled to call upon the services of any State, county, or municipal department, board, commission, or agency, as may be available to it for its purposes.

j. The task force may solicit and receive grants and other funds that are made available for the task force’s purposes by any governmental, public, private, not-for-profit, or for-profit agency, including funds that are made available under any federal or State law, regulation, or program.

k. Within 12 months after the task force’s organizational meeting, and every five years thereafter, the task force shall submit to the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, a report of its activities under this section, including its recommendations regarding the updating of the personal care assistance evaluation tool.

2. This act shall take effect immediately.

STATEMENT

This bill would establish a Personal Care Assistance Task Force in the Department of Human Services. The task force would consist of 15 members as follows: 1) the Commissioner of Human Services, the Commissioner of Health, and the Ombudsman for Individuals with Intellectual or Developmental Disabilities and Their Families, or the designees thereof, who would serve ex officio; and 2) 12 public members, including three persons who represent different disability advocacy groups from each of the northern, central, and southern regions of the State; and nine persons who are receiving personal care assistance benefits or are acting as a caregiver for a person who is receiving personal care assistance benefits, including at least one such person who is a student of higher education. The 12 public members, to the maximum extent practicable, are to equally represent all genders, age-groups, and levels of need.

Of the 12 public members appointed to the task force, four are to be appointed by the Governor, three are to be appointed by the President of the Senate, three are to be appointed by the Speaker of the General Assembly, one is to be appointed by the minority leader of the Senate, and one is to be appointed by the minority leader of the General Assembly.

The purpose and duties of the task force will be to: 1) study the accuracy of the personal care assistance evaluation tool; 2) study the feasibility of incorporating an additional index within the personal care assistance evaluation tool to account for the needs of students of higher education who are living on campus; and 3) study the feasibility of the State hiring a third party to determine the allotment of personal care assistance and private duty nursing benefits.

Within 12 months after the task force’s organizational meeting, and every five years thereafter, the task force will be required to submit a report of its activities to the Governor and Legislature, including its recommendations regarding the updating of the personal care assistance evaluation tool.