[First Reprint]
ASSEMBLY, No. 2628
STATE OF NEW JERSEY
INTRODUCED JANUARY 9, 1997
By Assemblywoman VANDERVALK,
Assemblymen ROONEY and Felice
An Act concerning 1[assisted living residences] health care facilities1 for persons with Alzheimer's disease and related disorders 1and other forms of progressive dementia1, amending P.L.1977, c.448 and P.L.1978, c.159, and supplementing chapter 2M of Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1977, c.448 (C.30:11B-2) is amended to read as follows:
2. "Alzheimer's disease and related disorders" means a form of dementia characterized by a general loss of intellectual abilities of sufficient severity to interfere with social or occupational functioning.
"Community residence for the developmentally disabled" means any community residential facility housing up to 16 developmentally disabled persons which provides food, shelter and personal guidance for developmentally disabled persons who require assistance, temporarily or permanently, in order to live independently in the community. Such residences shall not be considered health care facilities within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements and hostels.
"Community residence for the mentally ill" means any community residential facility which provides food, shelter and personal guidance, under such supervision as required, to not more than 15 mentally ill persons who require assistance temporarily or permanently, in order to live independently in the community. These residences shall be approved for a purchase of service contract or an affiliation agreement pursuant to procedures established by the Division of Mental Health Services in the Department of Human Services. These residences shall not house persons who have been assigned to a State psychiatric hospital after having been found not guilty of a criminal offense by reason of insanity or unfit to be tried on a criminal charge. These residences shall not be considered health care facilities within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.) and shall include, but not be limited to, group homes, halfway houses, supervised apartment living arrangements, family care homes and hostels.
"Community residence for persons with head injuries" means a community residential facility providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et seq.).
"Dementia" means a chronic or persistent disorder of the mental processes due to organic brain disease, for which no curative treatment is available, and marked by memory disorders, changes in personality, deterioration in personal care, impaired reasoning ability and disorientation.
"Developmental disability" or "developmentally disabled" means a severe, chronic disability of a person which: a. is attributable to a mental or physical impairment or combination of mental or physical impairments; b. is manifest before age 22; c. is likely to continue indefinitely; d. results in substantial functional limitations in three or more of the following areas of major life activity, that is, self-care, receptive and expressive language, learning, mobility, self-direction and capacity for independent living or economic self-sufficiency; and e. reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated. Developmental disability includes, but is not limited to, severe disabilities attributable to mental retardation, autism, cerebral palsy, epilepsy, spina bifida and other neurological impairments where the above criteria are met.
"Mentally ill" means any psychiatric disorder which has required an individual to receive either inpatient psychiatric care or outpatient psychiatric care on an extended basis.
"Person with head injury" means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of cognitive, behavioral, social or physical functioning which causes partial or total disability, but excluding a person with Alzheimer's disease and related disorders 1or other forms of progressive dementia1.
(cf: P.L.1995, c.4, s.9)
2. Section 2 of P.L.1978, c.159 1[(c.40:55D-66.2)] (C.40:55D-66.2)1 is amended to read as follows:
2. As used in this act: a. "community residence for the developmentally disabled" means any community residential facility licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et al.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health [and Hospitals] Services of the Department of Human Services. As used in this act, "developmentally disabled person" means a person who is developmentally disabled as defined in section 2 of P.L.1977, c.448 (C.30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in 1[R.S.30:4-23] section 2 of P.L.1987, c.116 (C.30:4-27.2)1, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
b. "Community shelter for victims of domestic violence" means any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L.1979, c.337 (C.30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare. c. "Community residence for persons with head injuries" means a community residential facility licensed pursuant to P.L.1977, c.448 (C.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1 et al.).
d. "Person with head injury" means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent physiobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability, but excluding a person with Alzheimer's disease and related disorders 1or other forms of progressive dementia1.
"Alzheimer's disease and related disorders" means a form of dementia characterized by a general loss of intellectual abilities of sufficient severity to interfere with social or occupational functioning. "Dementia" means a chronic or persistent disorder of the mental processes due to organic brain disease, for which no curative treatment is available, and marked by memory disorders, changes in personality, deterioration in personal care, impaired reasoning ability and disorientation.
(cf: P.L.1993, c.329, s.8)
3. (New section) 1a.1 A community residential facility1, including, but not limited to, a rooming or boarding house operating under a Class C license,1 providing food, shelter and personal guidance, under such supervision as required, to 1[not more than 15]1 persons who require assistance, temporarily or permanently, in order to live in the community, and who are primarily persons with Alzheimer's disease and related disorders 1or other forms of progressive dementia as defined by regulation of the Commissioner of Health and Senior Services1, shall be considered 1[an assisted living residence] a health care facility1 subject to 1[ licensure under] the provisions of1 the "Health Care Facilities Planning Act," P.L.1971, c.136 (C.26:2H-1et seq.) 1and shall be required to obtain a license to operate as a health care facility that is appropriate to the needs of its residents, as determined by the commissioner1.
1b. A community residential facility which commences on or after the effective date of P.L. , c. (C. )(pending before the Legislature as this bill) to provide food, shelter and personal guidance, under such supervision as required, primarily to persons with Alzheimer's disease and related disorders or other forms of progressive dementia as defined by regulation of the commissioner, who require assistance, temporarily or permanently, in order to live in the community, and which is subject to licensure as a health care facility pursuant to subsection a. of this section, shall also be required to obtain a certificate of need pursuant to section 7 of P.L.1971, c.136 (C.26:2H-7).
c.1 As used in this section:
"Alzheimer's disease and related disorders" means a form of dementia characterized by a general loss of intellectual abilities of sufficient severity to interfere with social or occupational functioning.
"Dementia" means a chronic or persistent disorder of the mental processes due to organic brain disease, for which no curative treatment is available, and marked by memory disorders, changes in personality, deterioration in personal care, impaired reasoning ability and disorientation.
1d. A community residential facility covered by the provisions of subsection a. of this section which is currently providing food, shelter and personal guidance, under such supervision as required, primarily to persons with Alzheimer's disease and related disorders or other forms of progressive dementia, who require assistance, temporarily or permanently, in order to live in the community, shall be required to obtain a license to operate as a health care facility no later than one year after the effective date of P.L. , c. (C. )(pending before the Legislature as this bill).1
4. (New section) The Commissioner of Health and Senior Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to require the licensure of a community residential facility for persons with Alzheimer's disease and related disorders 1or other forms of progressive dementia,1 as 1[an assisted living residence] a health care facility1 pursuant to section 3 of P.L. , c. (C. )(pending before the Legislature as this bill).
5. This act shall take effect immediately.
Requires licensure of community residences for persons with Alzheimer's disease and related disorders or other forms of progressive dementia, as health care facilities by DHSS.