[Corrected Copy]

 

[First Reprint]

SENATE, No. 37

 

STATE OF NEW JERSEY

 

INTRODUCED OCTOBER 24, 1996

 

 

By Senators KYRILLOS, BRYANT, Bassano, Casey, O'Connor, Girgenti, Zane, Lesniak, Adler, Lipman, Lynch, Kosco, Kenny, Codey, MacInnes, Cardinale, Palaia, Sinagra, Gormley and Baer

 

 

An Act concerning welfare reform, supplementing Title 44 of the Revised Statutes and amending P.L.1968, c.413, P.L.1987, c.283 and P.L.1994, c.182.

 

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

 

    1. (New section) As used in this act:

    "Assistance unit" means: a single person without dependent children; a couple without dependent children; dependent children only; or a person 1or couple1 with one or more dependent children who are legally or blood-related, or who is their legal guardian, and who live together as a household unit.

    "Benefits" means any assistance provided to needy persons and their dependent children and 1needy1 single persons 1and couples without dependent children1 under the Work First New Jersey program.

    "Commissioner" means the Commissioner of Human Services.

    "Community work experience" means unpaid work 1[experience]1 and training with a public, private nonprofit or private charitable employer, provided to a recipient when, and to the extent, that such experience is necessary to enable the recipient to adjust to, and learn how to function in, an employment setting.

    "Dependent child" means a child:

    a. under the age of 18;

    b. under the age of 19 and a full-time student in a secondary school or an equivalent level of vocational or technical training, if, before the student attains age 19, the student may reasonably be expected to complete the student's program of secondary school or training; or

    c. under the age of 21 and enrolled in a special education program,

who is living in New Jersey with the child's natural or adoptive parent or legal guardian, or with a relative designated by the commissioner in a place of residence maintained by the relative as the relative's home.

    "Income" means, but is not limited to, commissions, salaries, self-employed earnings, 1child support and alimony payments,1 interest and dividend earnings, wages, receipts, unemployment compensation, any legal or equitable interest or entitlement owed that was acquired by a cause of action, suit, claim or counterclaim, insurance benefits, temporary disability claims, estate income, trusts, federal income tax refunds, State income tax refunds, homestead rebates, lottery prizes, casino and racetrack winnings, annuities, retirement benefits, veterans' benefits, union benefits, or other sources that may be defined as income by the commissioner; except that in the event that individual development accounts for recipients are established by regulation of the commissioner, any interest or dividend earnings from such an account shall not be considered income.

    "Income eligibility standard" means the income eligibility threshold based on assistance unit size established by regulation of the commissioner for benefits provided within the limit of funds appropriated by the Legislature.

    1"Legal guardian" means a person who exercises continuing control over the person or property, or both, of a child, including any specific right of control over an aspect of the child's upbringing, pursuant to a court order.1

    "Poverty level" means the official poverty level based on family size, established and adjusted under Section 673 (2) of Subtitle B of the "Community Services Block Grant Act, " Pub.L.97-35 (42 U.S.C.§ 9902 (2)).

    "Recipient" means a recipient of benefits under the Work First New Jersey program.

    "Services" means any Work First New Jersey benefits that are not provided in the form of cash assistance.

    "Standard of need" means the minimum amount of income and in-kind benefits or services needed by families and single persons living in New Jersey in order to maintain a decent and healthy standard of living, as established by regulation of the commissioner, and shall include necessary items such as housing, utilities, food, work-related transportation, clothing and personal and household essentials.

    "Title IV-A" means the provisions of Title IV-A of the federal Social Security Act governing the program of aid to families with dependent children established pursuant to P.L.1959, c.86 (C.44:10-1 et seq.) and the State Plan to implement those provisions that were in effect on July 16, 1996, including income methodologies for determining eligibility under those provisions and plan.

    1"Title IV-D" means the provisions of Title IV-D of the federal Social Security Act governing paternity establishment and child support enforcement activities and requirements.1

    "Work activity" includes, but is not limited to, the following, as defined by regulation of the commissioner: employment; work experience; on-the-job training; job search and job readiness assistance; vocational educational training; job skills training related directly to employment; community work experience; alternative work experience; supportive work; community service programs, including the provision of child care as a community service project; in the case of a teenage parent or a recipient under the age of 19 who is expected to graduate or complete their course of study by their 19th birthday, satisfactory attendance at a secondary school or in a course of study leading to a certificate of general equivalence; and education that is necessary for employment in the case of a person who has not received a high school diploma or a certificate of high school equivalency, a course of study leading to a certificate of general equivalence, or post-secondary education, when combined with community work experience participation or other approved work activities, including employment.

    "Work First New Jersey program" or "program" means the program established pursuant to P.L. c. (C. )(pending before the Legislature as Senate Bill No. 1361 of 1996).

 

    2. (New section) A person 1, other than a natural or adoptive parent or stepparent,1 who is a care giver to a dependent child who is that care giver's legal or blood relative shall be evaluated to determine whether that person is eligible for benefits if that person's income is not in excess of 150% of the poverty level.

 

    3. (New section) A parent who is eligible for benefits who is married to a person who is not the parent of one or more of the eligible parent's children shall not be eligible for benefits if the household income exceeds the income eligibility standard. The eligible parent's natural children, however, shall be eligible for benefits according to a sliding income scale established by the commissioner, which does not take into account the income of the eligible parent's spouse, if the total annual household income does not exceed 150% of the poverty level. The spouse of the eligible parent and the spouse's natural child, if any, who is living with the family, who is not the eligible parent's natural child, shall not be eligible for benefits.

 

    4. (New section) In computing the cash assistance benefit provided to recipients, the following disregards shall be applied to the earned income of each person in the assistance unit:

    a. 100% for the first month of employment; and

    b. 50% for each month thereafter.

 

    5. (New section) a. The program shall provide supportive services to a recipient as a last resort when no other source of support is available, except that the recipient shall be required to continuously seek other sources of support. The commissioner shall determine the amounts and extent of the support. The supportive services shall include, but not be limited to, one or more of the following:

    (1) child care services 1, including after-school child care in the case of a child over six years of age,1 for 1[a recipient's]1 eligible dependent 1[child]children1, to be provided 1[to persons with dependent children]during the recipient's program eligibility period and1 for 24 consecutive months following ineligibility for benefits as a result of receipt of earned income 1[;].1

    1An adult recipient who continues to be eligible to receive child care services following ineligibility for benefits, and an adult recipient who is employed but continues to receive benefits, shall pay a copay for child care services in accordance with a sliding fee scale established by the commissioner, which shall be no greater than the child care co-payment schedule established pursuant to N.J.A.C.10:81-14.18A;1

    (2) transportation services to be provided directly by the program or through an allowance or other means of subsidy by which the recipient may purchase transportation; and

    (3) a limited allowance for each assistance unit to cover work-related expenses necessary to engage in required work activities, as determined by the commissioner.

    b. Medical assistance shall be provided to an assistance unit with dependent children pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.), in accordance with the provisions of section 2 of P.L.1987, c.283 (C.30:4D-6c) which provides for a continuation of medical assistance for a period of 24 consecutive months under certain circumstances, except that:

    (1) coverage solely of the adult head of an assistance unit by an employer's health insurance plan shall not preclude other members of the assistance unit from receiving the additional 24 months of medical assistance; and

    (2) an assistance unit with dependent children which, using the limits and methodologies contained in Title IV-A, would not be eligible for cash assistance under Title IV-A as a result of the collection of child or spousal support under Title IV-D of the federal Social Security Act (42 U.S.C. §651 et seq.), shall receive an additional four 1consecutive1 months of medical assistance beginning with the first month of ineligibility under the provisions of Title IV-A.

 

    16. (New section) A community college which provides campus-based child care and any work activity to a recipient as part of that recipient's individual responsibility plan pursuant to section 8 of P.L.    , c. (C. )(pending before the Legislature as Senate Bill No. 36 of 1996), shall receive a subsidy for the provision of child care from the commissioner, in accordance with regulations adopted by the commissioner.1

 

    1[6.] 7.1 (New section) Single adults and couples without dependent children shall not be eligible for medical assistance for inpatient or outpatient hospital care or long-term care under the program, except that medical assistance shall be provided for the following, in accordance with regulations adopted by the commissioner:

    (1) inpatient hospitalization costs for a recipient of general public assistance pursuant to P.L.1947, c.156 (C.44:8-107 et seq.) who is admitted to a special hospital licensed by the Department of Health and Senior Services which is not eligible to receive a charity care subsidy from the Health Care Subsidy Fund established pursuant to P.L.1992, c.160 (C.26:2H-18.51 et al.) and to which payments were made prior to July 1, 1991 on behalf of patients receiving general public assistance;

    (2) nursing home costs for a person residing in a non-Medicaid certified nursing facility prior to July 1, 1995, whose income is above the Medicaid institutional cap and who does not otherwise qualify for State-funded nursing home care as a medically needy person pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.), to be paid for out of a separate account from the Medicaid program; which assistance shall continue until the person is no longer eligible for long-term care; and

    (3) nursing home costs for an alien residing in a Medicaid certified nursing facility prior to the effective date of this act who is not Medicaid-eligible under Pub.L.104-193; which assistance shall continue until the person is no longer eligible for long-term care.

 

    1[7.]8.1 (New section) a. The commissioner, in cooperation with other affected agencies of State government, shall report biennially to the Governor and the Legislature on the Work First New Jersey program, and shall include in that report any recommendations for changes in the law or regulations governing the program that the commissioner deems necessary to further the goals of the program. The commissioner shall determine the manner and terms of the reporting in accordance with the requirements of federal law.

    b. The commissioner shall issue a public report on at least a quarterly basis concerning the number of recipients in the program, the number of recipients classified as exempt from time limits or deferred from work requirements, the number of recipients classified as to the degree of employability as defined by the commissioner, the number of recipients who have obtained employment, the number of recipients terminated from the program and the reasons for the terminations, the average wages and benefits earned by recipients, the types of employment obtained by recipients and whether the employment is in the public or private sector, the average length of stay 1in their jobs1 by recipients 1who reapply for benefits [in their jobs]1, and the number of former recipients who have re-entered the program after being terminated.

    c. To the extent not otherwise provided pursuant to subsections a. or b. of this section, the commissioner shall conduct such research as he deems appropriate to evaluate the outcomes for recipients, and the benefits, costs and other effects of the program, and shall submit any report resulting from that research to the Governor and the Legislature and otherwise make copies available to the public.

    1In addition, the commissioner shall initiate a study of the Michigan Civilian Conservation Corps program as a means of offering employment to economically disadvantaged youth that provides constructive work experience and training to increase their ability to secure unsubsidized employment. The commissioner shall study the effectiveness of the Michigan Civilian Conservation Corps program and the possibility of establishing such a program in this State. The commissioner shall submit a written report of his findings and recommendations to the Governor and the Legislature by January 1, 1998.1

 

    1[8.] 9.1 (New section) The commissioner shall establish by regulation a standard of need and update the standard annually. The standard of need shall serve only as a benchmark against which the Legislature may decide on appropriations to fund cash assistance benefits to recipients.

 

    1[9.] 10.1 Section 3 of P.L.1968, c.413 (C.30:4D-3) is amended to read as follows:

    3. Definitions. As used in this act, and unless the context otherwise requires:

    a. "Applicant" means any person who has made application for purposes of becoming a "qualified applicant."

    b. "Commissioner" means the Commissioner of Human Services.

    c. "Department" means the Department of Human Services, which is herein designated as the single State agency to administer the provisions of this act.

    d. "Director" means the Director of the Division of Medical Assistance and Health Services.

    e. "Division" means the Division of Medical Assistance and Health Services.

    f. "Medicaid" means the New Jersey Medical Assistance and Health Services Program.

    g. "Medical assistance" means payments on behalf of recipients to providers for medical care and services authorized under this act.

    h. "Provider" means any person, public or private institution, agency or business concern approved by the division lawfully providing medical care, services, goods and supplies authorized under this act, holding, where applicable, a current valid license to provide such services or to dispense such goods or supplies.

    i. "Qualified applicant" means a person who is a resident of this State and is determined to need medical care and services as provided under this act, and who:

    (1) Is a 1dependent child or parent or caretaker relative of a dependent child and a1 recipient of [Aid to Families with Dependent Children] benefits under the Work First New Jersey program established pursuant to P.L. , c. (C. )(pending before the Legislature as Senate Bill No. 1361 of 1996) 1who would be, except for resources, eligible for the aid to families with dependent children program under the State Plan for Title IV-A of the federal Social Security Act as of July 16, 19961;

    (2) Is a recipient of Supplemental Security Income for the Aged, Blind and Disabled under Title XVI of the Social Security Act;

    (3) Is an "ineligible spouse" of a recipient of Supplemental Security Income for the Aged, Blind and Disabled under Title XVI of the Social Security Act, as defined by the federal Social Security Administration;

    (4) Would be eligible to receive 1[public assistance under a categorical assistance program]Supplemental Security Income under Title XVI of the federal Social Security Act or would be, except for resources, eligible for the aid to families with dependent children program under the State Plan for Title IV-A of the federal Social Security Act as of July 16, 1996,1 except for failure to meet an eligibility condition or requirement imposed under such State program which is prohibited under Title XIX of the federal Social Security Act such as a durational residency requirement, relative responsibility, consent to imposition of a lien;

    (5) Is a child between 18 and 21 years of age who would be 1, except for resources,1 eligible for [Aid to Families with Dependent Children] 1[the Work First New Jersey program] the aid to families with dependent children program under the State Plan for Title IV-A of the federal Social Security Act as of July 16, 19961, living in the family group except for lack of school attendance or pursuit of formalized vocational or technical training;

    (6) Is an individual under 21 years of age who 1[qualifies for categorical assistance on the basis of financial eligibility, but does not qualify as a dependent child under the [State's program of Aid to Families with Dependent Children (AFDC)] Work First New Jersey program] would be, except for resources or dependent child requirements, eligible for the aid to families with dependent children program under the State Plan for Title IV-A of the federal Social Security Act as of July 16, 19961, or groups of such individuals, including but not limited to, children in foster placement under supervision of the Division of Youth and Family Services whose maintenance is being paid in whole or in part from public funds, children placed in a foster home or institution by a private adoption agency in New Jersey or children in intermediate care facilities, including [institutions for the mentally retarded] developmental centers for the developmentally disabled, or in psychiatric hospitals;

    (7) 1[Meets the standard of need applicable to his circumstances under a categorical assistance program] Except for resources, would be eligible for the aid to families with dependent children program under the State Plan for Title IV-A of the federal Social Security Act in effect as of July 16, 19961 or 1the1 Supplemental Security Income program, but is not receiving such assistance and applies for medical assistance only;

    (8) Is determined to be medically needy and meets all the eligibility requirements described below:

    (a) The following individuals are eligible for services, if they are determined to be medically needy:

    (i) Pregnant women;

    (ii) Dependent children under the age of 21;

    (iii) Individuals who are 65 years of age and older; and

    (iv) Individuals who are blind or disabled pursuant to either 42 C.F.R.435.530 et seq. or 42 C.F.R.435.540 et seq., respectively.

    (b) The following income standard shall be used to determine medically needy eligibility:

    (i) For one person and two person households, the income standard shall be the maximum allowable under federal law, but shall not exceed 133 1/3% of the State's payment level to two person households 1[eligible to receive assistance pursuant to [P.L.1959, c.86 (C.44:10-1 et seq.)]P.L. , c. (C. )(pending before the Legislature as Senate Bill No. of 1996)] under the aid to families with dependent children program under the State Plan for Title IV-A of the federal Social Security Act in effect as of July 16, 19961; and

    (ii) For households of three or more persons, the income standard shall be set at 133 1/3% of the State's payment level to similar size households 1[eligible to receive assistance pursuant to [P.L.1959, c.86 (C.44:10-1 et seq.)] P.L. , c. (C. )(pending before the Legislature as Senate Bill No. of 1996)] under the aid to families with dependent children program under the State Plan for Title IV-A of the federal Social Security Act in effect as of July 16, 19961.

    (c) The following resource standard shall be used to determine medically needy eligibility:

    (i) For one person households, the resource standard shall be 200% of the resource standard for recipients of Supplemental Security Income pursuant to 42 U.S.C.1382(1)(B);

    (ii) For two person households, the resource standard shall be 200% of the resource standard for recipients of Supplemental Security Income pursuant to 42 U.S.C.1382(2)(B);

    (iii) For households of three or more persons, the resource standard in subparagraph (c)(ii) above shall be increased by $100.00 for each additional person; and

    (iv) The resource standards established in (i), (ii), and (iii) are subject to federal approval and the resource standard may be lower if required by the federal Department of Health and Human Services.

    (d) Individuals whose income exceeds those established in subparagraph (b) of paragraph (8) of this subsection may become medically needy by incurring medical expenses as defined in 42 C.F.R.435.831(c) which will reduce their income to the applicable medically needy income established in subparagraph (b) of paragraph (8) of this subsection.

    (e) A six-month period shall be used to determine whether an individual is medically needy.

    (f) Eligibility determinations for the medically needy program shall be administered as follows:

    (i) County welfare agencies are responsible for determining and certifying the eligibility of pregnant women and dependent children. The division shall reimburse county welfare agencies for 100% of the reasonable costs of administration which are not reimbursed by the federal government for the first 12 months of this program's operation. Thereafter, 75% of the administrative costs incurred by county welfare agencies which are not reimbursed by the federal government shall be reimbursed by the division;

    (ii) The division is responsible for certifying the eligibility of individuals who are 65 years of age and older and individuals who are blind or disabled. The division may enter into contracts with county welfare agencies to determine certain aspects of eligibility. In such instances the division shall provide county welfare agencies with all information the division may have available on the individual.

    The division shall notify all eligible recipients of the Pharmaceutical Assistance to the Aged and Disabled program, P.L.1975, c.194 (C.30:4D-20 et seq.) on an annual basis of the medically needy program and the program's general requirements. The division shall take all reasonable administrative actions to ensure that Pharmaceutical Assistance to the Aged and Disabled recipients, who notify the division that they may be eligible for the program, have their applications processed expeditiously, at times and locations convenient to the recipients; and

    (iii) The division is responsible for certifying incurred medical expenses for all eligible persons who attempt to qualify for the program pursuant to subparagraph (d) of paragraph (8) of this subsection;

    (9) (a) Is a child who is at least one year of age and under six years of age; and

    (b) Is a member of a family whose income does not exceed 133% of the poverty level and who meets the federal Medicaid eligibility requirements set forth in section 9401 of Pub.L.99-509 (42 U.S.C.1396a);

    (10) Is a pregnant woman who is determined by a provider to be presumptively eligible for medical assistance based on criteria established by the commissioner, pursuant to section 9407 of Pub.L.99-509 (42 U.S.C.1396a(a));

    (11) Is an individual 65 years of age and older, or an individual who is blind or disabled pursuant to section 301 of Pub.L.92-603 (42 U.S.C.1382c), whose income does not exceed 100% of the poverty level, adjusted for family size, and whose resources do not exceed 100% of the resource standard used to determine medically needy eligibility pursuant to paragraph (8) of this subsection;

    (12) Is a qualified disabled and working individual pursuant to section 6408 of Pub.L.101-239 (42 U.S.C.1396d) whose income does not exceed 200% of the poverty level and whose resources do not exceed 200% of the resource standard used to determine eligibility under the Supplemental Security Income Program, P.L.1973, c.256 (C.44:7-85 et seq.);

    (13) Is a pregnant woman or is a child who is under one year of age and is a member of a family whose income does not exceed 185% of the poverty level and who meets the federal Medicaid eligibility requirements set forth in section 9401 of Pub.L.99-509 (42 U.S.C.1396a), except that a pregnant woman who is determined to be a qualified applicant shall, notwithstanding any change in the income of the family of which she is a member, continue to be deemed a qualified applicant until the end of the 60-day period beginning on the last day of her pregnancy;

    (14) Is a child born after September 30, 1983 who has attained six years of age but has not attained 19 years of age and is a member of a family whose income does not exceed 100% of the poverty level; or

    (15) (a) Is a specified low-income medicare beneficiary pursuant to 42 U.S.C.1396a(a)10(E)iii whose resources beginning January 1, 1993 do not exceed 200% of the resource standard used to determine eligibility under the Supplemental Security Income program, P.L.1973, c.256 (C.44:7-85 et seq.) and whose income beginning January 1, 1993 does not exceed 110% of the poverty level, and beginning January 1, 1995 does not exceed 120% of the poverty level.

    (b) An individual who has, within 36 months, or within 60 months in the case of funds transferred into a trust, of applying to be a qualified applicant for Medicaid services in a nursing facility or a medical institution, or for home or community-based services under section 1915(c) of the federal Social Security Act (42 U.S.C.1396n(c)), disposed of resources or income for less than fair market value shall be ineligible for assistance for nursing facility services, an equivalent level of services in a medical institution, or home or community-based services under section 1915(c) of the federal Social Security Act (42 U.S.C.1396n(c)). The period of the ineligibility shall be the number of months resulting from dividing the uncompensated value of the transferred resources or income by the average monthly private payment rate for nursing facility services in the State as determined annually by the commissioner. In the case of multiple resource or income transfers, the resulting penalty periods shall be imposed sequentially. Application of this requirement shall be governed by 42 U.S.C. 1396p(c). In accordance with federal law, this provision is effective for all transfers of resources or income made on or after August 11, 1993. Notwithstanding the provisions of this subsection to the contrary, the State eligibility requirements concerning resource or income transfers shall not be more restrictive than those enacted pursuant to 42 U.S.C. 1396p(c).

    (c) An individual seeking nursing facility services or home or community-based services and who has a community spouse shall be required to expend those resources which are not protected for the needs of the community spouse in accordance with section 1924(c) of the federal Social Security Act (42 U.S.C. 1396r-5(c)) on the costs of long-term care, burial arrangements, and any other expense deemed appropriate and authorized by the commissioner. An individual shall be ineligible for Medicaid services in a nursing facility or for home or community-based services under section 1915(c) of the federal Social Security Act (42 U.S.C. 1396n(c)) if the individual expends funds in violation of this subparagraph. The period of ineligibility shall be the number of months resulting from dividing the uncompensated value of transferred resources and income by the average monthly private payment rate for nursing facility services in the State as determined by the commissioner. The period of ineligibility shall begin with the month that the individual would otherwise be eligible for Medicaid coverage for nursing facility services or home or community-based services.

    This subparagraph shall be operative only if all necessary approvals are received from the federal government including, but not limited to, approval of necessary State plan amendments and approval of any waivers.

    j. "Recipient" means any qualified applicant receiving benefits under this act.

    k. "Resident" means a person who is living in the State voluntarily with the intention of making his home here and not for a temporary purpose. Temporary absences from the State, with subsequent returns to the State or intent to return when the purposes of the absences have been accomplished, do not interrupt continuity of residence.

    l. "State Medicaid Commission" means the Governor, the Commissioner of Human Services, the President of the Senate and the Speaker of the General Assembly, hereby constituted a commission to approve and direct the means and method for the payment of claims pursuant to this act.

    m. "Third party" means any person, institution, corporation, insurance company, group health plan as defined in section 607(1) of the federal "Employee Retirement and Income Security Act of 1974," 29 U.S.C.1167(1), service benefit plan, health maintenance organization, or other prepaid health plan, or public, private or governmental entity who is or may be liable in contract, tort, or otherwise by law or equity to pay all or part of the medical cost of injury, disease or disability of an applicant for or recipient of medical assistance payable under this act.

    n. "Governmental peer grouping system" means a separate class of skilled nursing and intermediate care facilities administered by the State or county governments, established for the purpose of screening their reported costs and setting reimbursement rates under the Medicaid program that are reasonable and adequate to meet the costs that must be incurred by efficiently and economically operated State or county skilled nursing and intermediate care facilities.

    o. "Comprehensive maternity or pediatric care provider" means any person or public or private health care facility that is a provider and that is approved by the commissioner to provide comprehensive maternity care or comprehensive pediatric care as defined in subsection b. (18) and (19) of section 6 of P.L.1968, c.413 (C.30:4D-6).

    p. "Poverty level" means the official poverty level based on family size established and adjusted under Section 673(2) of Subtitle B, the "Community Services Block Grant Act," of Pub.L.97-35 (42 U.S.C.9902(2)).

(cf: P.L.1995, c.292, s.1)

 

    1[10.] 11.1 Section 2 of P.L.1987, c.283 (C.30:4D-6c) is amended to read as follows:

    2. [A] 1[Subject to the provisions of section 5 of P.L. , c. (C.     )(pending before the Legislature as this bill), a person who becomes ineligible for financial assistance under the [aid to families with dependent children program, P.L.1959, c.86 (C.44:10-1 et seq.)] Work First New Jersey program established pursuant to P.L. , c.      (C. )(pending before the Legislature as Senate Bill No. of 1996),] A dependent child or the parent or caretaker relative of a dependent child who would lose eligibility for the aid to families with dependent children program under the State Plan for Title IV-A of the federal Social Security Act in effect as of July 16, 19961 due to earnings from, or increased hours of, employment, or receipt of benefits under the "unemployment compensation law," R.S.43:21-1 et seq. or the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et seq.), is eligible to continue receiving Medicaid benefits pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) for a period of 24 consecutive months, commencing with the month in which eligibility 1[for]1 [aid to families with dependent children] 1[the Work First New Jersey program ceases,] under provisions of the State Plan for Title IV-A of the federal Social Security Act in effect as of July 16, 1996 is no longer met,1 if the person1[:]1

    a. [received financial assistance under the aid to families with dependent children program for three of the last six months prior to the person's becoming ineligible for the assistance, except in the case of a person who becomes eligible for aid to families with dependent children benefits on or after the effective date of this act; and] (Deleted by amendment, P.L. , c. )(pending before the Legislature as this bill).

    b. would be eligible 1[for]1 [aid to families with dependent children] 1[Work First New Jersey financial assistance] in accordance with the State Plan for Title IV-A of the federal Social Security Act in effect as of July 16, 19961, except for the person's income, resources or hours of employment.

(cf: P.L.1991, c.523, s.17)

 

    1[11.] 12.1 Section 30 of P.L.1994, c.182 (C.44:10-5.9) is amended to read as follows:

    30. The director or other chief administrative officer of each agency or office administering assistance under the ["Aid to Families With Dependent Children" program] Work First New Jersey program established pursuant to P.L. , c. (C. )(pending before the Legislature as Senate Bill No. 1361 of 1996) shall:

    a. cause copies of the voter registration forms and instructions provided for under subsections e. and f. of section 16 of P.L.1974, c.30 (C.19:31-6.4) and the declination form provided for in subsection b. of section 26 of P.L.1994, c.182 (C.19:31-6.11) to be distributed at each such agency or office to each person appearing in person thereat to apply for services or assistance provided thereby or to seek a recertification, renewal or change of address relative to the assistance provided at such office. An employee of the agency or office shall inquire of every such person whether the person, if not already registered to vote from the place of his or her present residence, wishes to be so registered and shall inform the person that whether or not the applicant chooses to register will not affect the person's eligibility for those services. The employee shall subsequently review the forms to determine whether or not the person wishes to register to vote. If the person does not wish to register, the employee shall provide the person with any assistance necessary to complete the declination form and then inform the person that the form will be retained by the employee. If the person wishes to register, the employee shall provide the person with any assistance necessary in completing the voter registration form; shall inform the applicant that the applicant may leave the completed form with the employee or mail it personally to the Secretary of State; and if the applicant chooses to leave the form, shall accept the completed form, stamp or otherwise mark the lower right hand corner of the document with the date on which it was so received, and forward it to the Secretary of State. The employee shall provide to each applicant who does not decline to register to vote the same degree of assistance with regard to the completion of the voter registration form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses such assistance;

    b. provide for the continuous supply of the forms and instructions specified in subsection a. of this section to every agency and office which provides assistance under [P.L.1959, c.86 (C.44:10-1) and] P.L. , c. (C. )(pending before the Legislature as Senate Bill No. 1361 of 1996), 42 U.S.C. §601 et seq. and the federal "Food Stamp Act of 1977," Pub.L.95-113 (7 U.S.C. §2011 et seq.);

    c. provide the forms and instructions specified in subsection a. of this section in both the English and Spanish languages to the agencies and offices which are located in any county in which bilingual sample ballots must be provided pursuant to R.S.19:14-21, R.S.19:49-4 or section 2 of P.L.1965, c.29 (C.19:23-22.4);

    d. provide for the collection of completed voter registration forms by any employee of the agency or office for the transmittal of the forms to the Secretary of State;

    e. provide that the forms, instructions and assistance specified in subsection a. of this section shall be provided to any person with a disability who receives assistance or services at that person's home from an employee of the agency or office;

    f. inform each employee of the agency or office who assists in registering a person to vote that employee shall not:

    (1) seek to influence an applicant's political preference or party registration;

    (2) display any such political preference or party allegiance;

    (3) make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from registering to vote; or

    (4) make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits; and

    g. make certain that no information relating to a declination to register to vote by an individual in connection with any type of application for service made by that individual at any agency or office is used for any purpose other than voter registration.

(cf: P.L.1994, c.182, s.30)

 

    1[12.] 13.1 The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act and to comply with the requirements of Pub.L.104-193.

 

    1[13.] 14.1 This act shall take effect immediately.

 

 

                             

Enacts various provisions of welfare reform including supportive services and income disregards.