SENATE, No. 1658

 

STATE OF NEW JERSEY

 

INTRODUCED OCTOBER 28, 1996

 

 

By Senator SINGER

 

 

An Act establishing the Work Support and Family Stability Program and revising parts of the statutory law.

 

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

 

    1. (New section) This act shall be known and may be cited as the "Work Support and Family Stability Act."

 

    2. (New section) The Legislature finds and declares that:

    a. Within New Jersey, there are counties and municipalities experiencing high unemployment and underemployment among their populations, and many people have been compelled by downsizing, restructuring, changed economic circumstances and declines in many job sectors at the national, State and local levels to take jobs that do not pay wages or include benefits sufficient to enable these workers to provide themselves or their families with the necessities of life and a minimally decent standard of living;

    b. Poverty, and especially the increasing impoverishment of working people and families, is a major cause of personal and family insecurity and instability, and of the insecurity and instability of many of our neighborhoods and communities;

    c. Personal and family security and stability, and protection of children and vulnerable adults, are critically important to the establishment and maintenance of successful family life and childhood development, including the nurturing and transmission of values that are vital to community and society;

    d. The absence of security and stability enhances the likelihood of personal problems, family breakup, educational underachievement and alienation, which in turn lead to an increased incidence of social problems, such as crime, substance abuse and long-term joblessness, that contribute to the overall decline of our neighborhoods, communities and State, and threaten the public health, safety and welfare;

    e. The provision of increased education and special training will assist many economically disadvantaged and unskilled persons to find full-time permanent jobs that provide adequate wages and benefits, but this education and training alone will not be enough to lift all families and individuals out of poverty;

    f. Necessary financial and other support for work and personal and family stability and security, including a special commitment to protect children and vulnerable adults, are necessary components of the effort to help people, especially children, escape from poverty, and will in turn enable them to become or remain taxpayers, provide dollars to local economies, and allow people in vital but lower-paying jobs to develop the long-term experience and skills required to enhance the effectiveness of their job performance and ultimately eliminate their need for supplemental assistance; and

    g. It is in the best interests of the people, families, neighborhoods, communities and economy of the State of New Jersey to provide work support and family stability assistance sufficient to enable lower-income families and individuals to work their way out of poverty and achieve a minimally decent and healthful standard of living.

 

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

    "Adult" means a person 18 years of age or older who is not attending high school and is not enrolled as a full-time student in a degree or equivalency program offered by an accredited college or university, technical institute or job-training center; or a person 23 years of age or older, regardless of whether the person is attending high school or is enrolled in an educational or training program; or an emancipated minor.

    "Benefits" means benefits provided under the Work Support and Family Stability Program.

    "Commissioner" means the Commissioner of Human Services.

    "Division" means the Division of Family Development in the Department of Human Services.

    "Family" means a minor child and the parent, relative or unrelated person with whom the child is living and who has custody of, and is responsible for the care of, that child.

    "Individual" means an adult who is not part of a family, and is part of a household composed of that individual alone or the individual and his spouse.

    "Program" means the Work Support and Family Stability Program established pursuant to this act.

    "Standard of need" means the minimum amount of income and in-kind benefits or services needed by families and individuals living in New Jersey in order to guarantee the necessities of life and to maintain a minimally decent and healthful standard of living, and shall include necessary housing, utilities, food, medical care, clothing, work-related transportation, child care and personal and household essentials.

 

    4. (New section) a. The Work Support and Family Stability Program is established in the Division of Family Development in the Department of Human Services. The program shall be administered in each county by the county welfare agency under the oversight of, and pursuant to standards and procedures established by, the division.

    b. The purposes of the program shall be to:

    (1) help maintain and strengthen personal and family life; protect children and vulnerable adults; and support and promote work, to enable families and individuals to achieve economic independence;

    (2) help eligible families and individuals attain the maximum self-support and independence consistent with acceptable standards of decency, health and personal and family stability; and

    (3) provide for the care of dependent children and families in those instances in which the head of the household is unable to work outside of the home.

    c. The program shall provide the following benefits and services to families and individuals who were recipients of aid to families with dependent children (AFDC) benefits pursuant to P.L.1959, c.86 (C.44:10-1 et seq.), AFDC emergency assistance, or general public assistance pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), prior to the effective date of this act, and to other families and individuals who are eligible for the program pursuant to subsections d. and e. of this section, respectively: cash grants and other financial assistance, food, medical and health care benefits or insurance premium subsidies, child care assistance, housing subsidies or other housing assistance, housing search assistance, job training, job search assistance, education or other related benefits, substance abuse or mental health treatment services, and transportation assistance.

    d. The division or its representative shall prepare for each eligible family or individual a comprehensive work plan, to be mutually developed with the family or individual and approved by the division or its representative, which provides reasonable stipulations with respect to requirements for job search, job readiness and preparation, employment and employment-related education or training. Receipt of benefits and services under the program shall be conditioned upon the family or individual being in, or returning to, substantial compliance with the comprehensive work plan.

    A family plan prepared pursuant to section 7 of P.L.1991, c.523 (C.44:10-25) shall qualify as a comprehensive work plan for the purposes of this subsection.

    e. A family shall be eligible for the program if the total of the family's monthly cash income and non-cash benefits from all sources does not exceed the current standard of need applicable to a family of that size, as determined by the commissioner pursuant to section 5 of this act, and if :

    (1) a parent or other adult in the family is employed; or

    (2) no parent or other adult in the family is employed, because of one of the following reasons as determined by the commissioner:

            (a) a disability or other condition which renders the person incapable of employment;

            (b) an inability to find employment despite making reasonable efforts to do so;

            (c) full-time attendance at an educational, technical or training program in preparation for employment as part of a comprehensive work plan approved by the division or its representative;

            (d) the presence in the family of a minor child under six months of age; or

            (e) special circumstances of a unique and compelling nature, including, but not limited to, the presence of a disabled person requiring constant or special care by a family member.

    f. An individual shall be eligible for the program if the total of the individual's monthly cash income and non-cash benefits from all sources, combined with the total resources of the individual's spouse in a two-person household, does not exceed the current applicable standard of need, as determined by the commissioner pursuant to section 5 of this act, and if:

    (1) the individual or spouse is employed; or

    (2) the individual or spouse is unemployed, because of one of the following reasons as determined by the commissioner:

            (a) a disability or other condition which renders the person incapable of employment;

            (b) an inability to find employment despite making reasonable efforts to do so;

            (c) full-time attendance at an educational, technical or training program in preparation for employment as part of a comprehensive work plan approved by the division or its representative; or

            (d) special circumstances of a unique and compelling nature, including, but not limited to, the presence of a disabled person requiring constant or special care by the individual or spouse.

    g. For the purpose of determining eligibility for the program, the division shall assign each type of non-cash benefit received by a family or individual a dollar equivalent that reflects the actual benefit received by the family or individual, except that no type of non-cash benefit shall be valued at a dollar level in excess of that assigned to the corresponding component of the current standard of need applicable to that family or individual, as determined by the commissioner pursuant to section 5 of this act.

    h. Application for or receipt of assistance under the program shall operate as an assignment to the division of any rights to support from another person that the applicant or recipient may have on his own behalf or on behalf of another family member for whom the applicant is applying for or receiving assistance; except that the assignment shall only be applicable to unpaid support payments or arrearages when the failure to pay has resulted in an increase in the assistance payable to the family or individual under the program and only to the extent of the increased assistance.

    i. Whenever the term "aid to families with dependent children" or "general public assistance" occurs or any reference is made thereto in any law, contract or document, the same shall be deemed to mean or refer to the "Work Support and Family Stability Program."

 

    5. (New section) a. The commissioner shall by regulation establish an accurate standard of need and update that standard annually to reflect the increased costs of its various components, for which purpose the commissioner shall conduct a comprehensive market study at least every three years.

    b. An eligible family or individual living in this State shall be provided financial assistance and other benefits and services from the division sufficient to provide all substantive components of the applicable standard of need, and to assure that the family's or individual's standard of living is equal to 80% of the applicable standard of need during the first year after the effective date of this act, which percentage shall be increased in annual stages until it is equal to 100% of the applicable standard of need by the fifth year after the effective date of this act.

 

    6. (New Section) a. In addition to any other benefits and services to which they are entitled under the program, an eligible family or individual shall be provided as needed with emergency assistance if the family or individual is in an actual or imminent state of homelessness, or is without minimally adequate and necessary food, utility service, health care, clothing, transportation or house furnishings. Emergency assistance so provided shall include, but not be limited to, temporary rental assistance or other types of safe and suitable interim shelter, utilities, food, clothing, health services and minimum essential house furnishings as determined to be necessary for the health and welfare of the persons comprising an eligible family and the preservation of the family itself, and the health and welfare of eligible individuals, and shall be provided without regard to the circumstances causing the family's or individual's state of homelessness. This assistance shall be provided until such time as the family or individual is able to locate decent and safe housing affordable at the family's or individual's present income level, or is able to eliminate the other emergent circumstances causing the need for emergency assistance. In order to receive or continue to receive emergency assistance, all adult members of an eligible family or eligible individuals shall be in substantial compliance with all reasonable obligations and responsibilities of the comprehensive work plan required pursuant to subsection d. of section 4 of this act, or shall be in the process of achieving or returning to substantial compliance with the comprehensive work plan.

    b. Under appropriate conditions, and in order to preserve the health, safety and welfare of a family or individual, emergency assistance as described above shall be provided to a family or individual that is otherwise financially ineligible for the program; except that: the family's or individual's total cash income, assistance and in-kind benefits shall not exceed 200% of the current applicable standard of need, and repayment of part or all of the emergency assistance may be required in accordance with a reasonable and appropriate repayment schedule.

 

    7. (New Section) By the fifth year after the effective date of this act, the Department of Labor shall have in operation in every county a job referral unit, and the Department of Community Affairs shall have in operation in every county a housing unit, performing the functions and providing the services described in this section. Until such time as these units become operational, each county welfare agency shall establish and operate a full-time job referral and housing unit. The job referral and housing unit shall be responsible for helping recipients of program services, and recipients of emergency assistance pursuant to subsection b. of section 6 of this act, locate and obtain decent and adequate employment and decent safe, sanitary, appropriate and affordable permanent housing. The job referral and housing unit shall compile and maintain an inventory of available jobs and dwelling units, including the experience requirements and gross wages and benefits attributable to each job, and the gross rent or monthly carrying charge, including mortgage payment, taxes and insurance, for each housing unit, and shall assist eligible families and individuals to the fullest extent possible in securing either a job or housing unit, as needed, including assisting them in applying for and obtaining any available subsidies, grants or other financial assistance offered by a State or federal agency.

    For the purposes of this section, "appropriate and affordable housing" means year-round, non-seasonal dwelling units of adequate size for the assisted family or individual located within the county in which they presently reside, or in which they are employed, and in reasonable proximity to necessary shopping facilities or available public transportation, and having a gross rent or monthly carrying charges, including mortgage payment, taxes and insurance, that does not exceed 30% of the eligible family's or individual's gross monthly income.

 

    8. (New Section) a. (1) Whenever a parent or relative with whom a child is living applies for or is receiving assistance for that child pursuant to this act, and it appears that there is pending entitlement to a payment to the child or his parent or relative of funds arising from a claim or interest legally or equitably owned by the child or his parent or relative, other than that portion of a personal injury award which a court specifically awards to a child to make him whole as a result of an injury, the county welfare agency may, as a condition of eligibility or continuation of eligibility for that assistance, require the parent or relative, to execute a written promise to repay, from the funds anticipated, the amount of assistance to be granted from the date of entitlement to the payment. Upon any refusal to make repayment, including refusal by a person acting for or on behalf of the parent or relative, in accordance with the written promise, the county welfare agency may take all necessary and proper action under the laws of this State to enforce that promise, and the granting or continuing of assistance, as the case may be, shall be deemed due consideration therefor. Payment from the settlement of the claim or interest legally or equitably owned by the child or his parent or relative made by a person acting for or on behalf of the parent or relative, subsequent to notice of claim of the county welfare agency and prior to express written approval by the county welfare agency, shall cause that person to be liable to the county welfare agency in the amount of that payment.

    (2) If a child with respect to whom assistance has been paid pursuant to this act dies prior to the attainment of age 21 and leaves

 an estate, the total amount of assistance paid with respect to the child pursuant to State law shall be a valid and enforceable claim against the estate, with priority over all other unsecured claims except reasonable funeral expenses and terminal medical hospital expenses, and the county welfare agency shall take all necessary and proper action under the laws of this State to enforce the claim.

    b. (1) Whenever an individual applies for or is receiving assistance pursuant to this act, and it appears that there is pending entitlement to a payment to the individual of funds arising from a claim or interest legally or equitably owned by the individual, other than that portion of a personal injury award which a court specifically awards to an individual to make him whole as a result of an injury, the county welfare agency may, as a condition of eligibility or continuation of eligibility or continuation of eligibility for the assistance, require the individual to execute a written promise to repay, from the funds anticipated, the amount of assistance to be granted from the date of entitlement to the payment. Upon any refusal to make repayment, including refusal by a person acting for or on behalf of the individual in accordance with the written promise, the county welfare agency may take all necessary and proper action under the laws of this State to enforce the promise, and the granting or continuing of assistance, as the case may be, shall be deemed due consideration therefor. Payment from the settlement of the claim or interest legally or equitably owned by the individual made by a person acting for or on behalf of the individual, subsequent to notice of claim of the county welfare agency and prior to express written approval by the county welfare agency, shall cause that person to be liable to the county welfare agency in the amount of that payment.

    (2) If an individual with respect to whom assistance has been paid pursuant to this act dies and leaves an estate, the total amount of assistance paid with respect to the individual pursuant to this act shall be a valid and enforceable claim against the estate, with priority over all other unsecured claims except reasonable funeral expenses and terminal medical hospital expenses, and the county welfare agency shall take all necessary and proper action under the laws of this State to enforce the claim.

    c. The county welfare agency may, with the consent and approval of the division, compromise and settle any claim for repayment of assistance granted under this act.

    d. The division shall determine and cause to be made such financial adjustments as are necessary to maintain a correct proportional participation in repayments of assistance among the counties, State and federal government, and shall pay to the federal government the determined federal portion.

 

    9. (New Section) The State shall pay to each county welfare agency the full amount of any funds received by the State from the federal government as federal participation with respect to expenditures made by the county welfare agency for the program, including emergency assistance.

    The State shall pay to each county welfare agency for assistance provided to families and individuals under the program, including emergency assistance payments, the entire amount of those expenditures after deduction for federal participation.

    The State shall also pay to each county welfare agency the full amount of any funds received by the State from the federal government as federal participation with respect to the costs of administration of the program by the county welfare agency.

 

    10. (New Section) Pursuant to the "Administrative Procedure Act," P.L.1968 c.410 (c.52:14B-1 et seq.), the commissioner shall adopt all necessary rules and regulations, and do or cause to be done all other actions necessary to secure for the State the maximum federal financial participation available with respect to the program, and otherwise to accomplish the purposes of this act, including, but not limited to, actions to achieve the following:

    a. Assure that the program shall be in effect in all counties of the State and be mandatory upon them;

    b. Assure that all families and individuals wishing to make application for the program shall have the opportunity to do so, and that assistance shall be furnished with reasonable promptness to, or for, all eligible families and individuals;

    c. Provide that, in determining eligibility for financial assistance and the amount of assistance to be granted, there shall be taken into consideration all other income and resources of the family or individual; except that, in making that determination, there shall be disregarded the amounts of income and resources required by federal law as a condition of federal financial participation;

    d. Provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the program

    e. Prescribe appropriate services which shall be made available or utilized by each county welfare agency for the purposes of maintaining and strengthening personal and family life;

    f. Assure that the provision of assistance with respect to a dependent child, or to a parent or relative with whom that child is living, will be terminated promptly, and other arrangements for the care and maintenance of the child instituted, if it is determined that the payments to the parent or relative under the provisions of this act are failing to secure for the child a standard of maintenance, care and family life, consistent with the purposes of the program as provided in subsection b. of section 4 of this act;

    g. Provide for appropriate services and cooperative arrangements with other agencies so that maximum opportunities for employment and training for employment will be available to eligible families and individuals under the program, and to prescribe the conditions under which assistance shall be curtailed, modified or withheld from a family or individual for refusal without good cause to accept employment or training for employment; and

    h. Provide for an orderly transfer of administrative responsibilities from municipal to county welfare agencies with respect to the provision of assistance to eligible individuals as required pursuant to this act.

 

    11. Section 2 of P.L.1985, c.501 (C.44:10-5.2) is amended to read as follows:

    2. The Department of Human Services shall establish an electronic benefit distribution system for the purpose of issuing food stamp and [Aid to Families with Dependent Children (AFDC)] Work Support and Family Stability Program (WSFSP) benefits. Implementation of the system shall begin in Camden, Hudson and Essex counties by April 30, 1992.

(cf: P.L.1991, c.478, s.2)

 

    12. Section 3 of P.L.1985, c.501 (C.44:10-5.3) is amended to read as follows:

    3. a. The Department of Human Services shall provide that no [AFDC] WSFSP or food stamp recipient experiences hardship due to the revised payment system either during transition to the new system or upon making an initial application for benefits.

    b. The department shall provide that no charges are imposed on food stamp or [AFDC] WSFSP recipients for participation in the program.

    c. Any retail establishment currently authorized to participate in the food stamp program shall be afforded the opportunity to participate in the electronic benefit distribution system.

(cf: P.L.1991, c.478, s.3)

 

    13. Section 5 of P.L.1991, c.478 (C.44:10-5.6) is amended to read as follows:

    5. The Department of Human Services shall cycle the issuance of benefits over multiple dates throughout the month in a manner that best serves [AFDC] WSFSP and food stamp recipients within the framework of the electronic benefit distribution system in each county. Such cycling shall begin in Camden, Hudson and Essex counties on July 1, 1992.

(cf: P.L.1991, c.478, s.5)

 

    14. Section 3 of P.L.1991, c.523 (C.44:10-21) is amended to read as follows:

    3. As used in this act:

    "Benefits" means benefits received under the [program of aid to families with dependent children established pursuant to P.L.1959, c.86 (C.44:10-1 et seq.)] Work Support and Family Stability Program established pursuant to P.L. , c. (C. )(pending before the Legislature as this bill).

    "Commissioner" means the Commissioner of Human Services.

    "Department" means the Department of Human Services.

    "Program" means the "Family Development Initiative" established pursuant to this act.

    "Recipient" means [a] an adult recipient of benefits or services under the [program of aid to families with dependent children] Work Support and Family Stability Program.

(cf: P.L.1991, c.523, s.3)

 

    15. Section 6 of P.L.1991, c.523 (C.44:10-24) is amended to read as follows:

    6. A recipient who without good cause fails or refuses to enroll and actively participate in the program, which includes failure to attend or make a good faith effort to achieve satisfactory academic progress in educational or vocational training classes under the program, including classes in four-year and community colleges, according to rules and regulations adopted by the commissioner, in consultation with the Commissioner of Education and the [Chancellor of] New Jersey Commission on Higher Education, shall thereupon[, as determined by the commissioner,] be [subject to a reduction in benefits of at least 20%, or shall become ineligible for benefits for a period of at least 90 days. The period of ineligibility shall commence at the end of the current benefit period, and at the end of the period the recipient shall again become eligible for benefits, if the recipient complies with all requirements of the program as determined by the commissioner or shows a willingness to do so. For a subsequent failure or refusal to enroll and actively participate in the program without good cause, the recipient may be subject to a termination of benefits] ineligible to receive educational or training benefits under the program for a period of time to be determined by the commissioner; however, this sanction shall not affect the recipient's eligibility for benefits or services under the Work Support and Family Stability Program.

(cf: P.L.1991, c.523, s.6)

 

    16. Section 7 of P.L.1991, c.523 (C.44:10-25) is amended to read as follows:

    7. a. Services shall be provided to each participant in the program according to a family plan which includes a written contract. The contract shall be written in English or Spanish, according to the participant's needs. The contract shall be signed by the participant and a program representative who shall act as a case manager, advocate and broker of services for the participant and the participant's family, and shall set forth the specific mutual obligations of the participant and the program and a detailed plan for the participant and the participant's family. The family plan and contract, which shall explicitly state the services that the program will provide to the participant, shall be reviewed by both the participant and the program representative at least once a year and may be revised from time to time according to the needs of the participant, the participant's family and the program.        b. The services to be provided under the program shall include, but not be limited to: job development and placement in full-time permanent jobs, preferably in the private sector; counseling and vocational assessment; intensive remedial education, including instruction in English-as-a-second language; financial and other assistance for higher education, including four-year and community colleges, and for post-secondary vocational training programs; job search assistance; community work experience; employment skills training focused on a specific job; and on-the-job training in an employment setting.

    c. The program shall be designed to ensure that each participant and member of the participant's family, as age appropriate, has attained the equivalent of a high school degree, before assigning that person to a vocational-related activity under the program. The commissioner may exempt a participant or member of the participant's family from this requirement if the commissioner determines that: based upon an assessment of the person's ability and aptitude, the person lacks a reasonable prospect of being able to successfully complete the academic requirements of a high school or equivalency program of study, in which case the commissioner shall refer the person to an alternative educational program as appropriate; or the person is gainfully employed or engaged in a job search or job training activity, in which case the program representative acting pursuant to the provisions of subsection a. of this section shall review the person's progress on a quarterly basis to assess whether the person's exemption from this requirement should continue.

    d. The program shall assign one or more persons in each county which is participating in the program to be responsible, on a full-time basis, for job development for persons who have completed their educational or training activities under the program, with an emphasis on finding and creating permanent full-time unsubsidized jobs, preferably in the private sector, which offer wages and benefits that are adequate to support recipients and their families.

    e. The commissioner, in consultation with the Commissioners of Commerce and Economic Development and Labor, and with the private industry councils established pursuant to section 18 of P.L.1989, c.293 (C.34:15C-15), shall develop a program to recruit private sector employers in each county to offer employment to persons who have completed their educational or training activities under the program.

    f. The commissioner, in consultation with the [Chancellor of] New Jersey Commission on Higher Education and the Commissioner of Education, shall, within the limits of available funds, provide financial assistance through the New Jersey Educational Opportunity Fund established pursuant to P.L.1968, c.142 (C.18A:71-28 et seq.) and other State student assistance programs, in an amount sufficient to cover all tuition and educational expenses, to each program participant or other family member who has been accepted into an institution of higher education, including public four-year colleges and community colleges, or a post-secondary vocational training program, according to standards established by the commissioner.

    g. The program shall provide supportive services to a program participant as a last resort when no other source is available therefor and when these services are included in the family plan. The supportive services shall include, but not be limited to, one or more of the following:

    (1) day care services for the participant's child, to be provided for up to one year if the participant becomes ineligible for financial assistance under P.L.1959, c.86 (C.44:10-1 et seq.) as a result of earned income and to be purchased through a voucher issued to the participant by the program, which may be used to obtain care at a State licensed child care center or school age child care program, or at a family day care home approved by the department, that accepts the voucher, or to be provided through an alternative child care arrangement agreed to by the participant and the program representative acting pursuant to the provisions of subsection a. of this section;

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

    (3) health insurance coverage, to be provided by a participant's employer, or through a continuation of Medicaid benefits pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.) for up to two years if the participant becomes ineligible for financial assistance under [P.L.1959, c.86 (C.44:10-1 et seq.)] P.L. , c. (C. )(pending before the Legislature as this bill) as a result of earned income; or health care services to be provided by a school-based health care program.

(cf: P.L.1991, c.523, s.7)

 

    17. 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 Support and Family Stability Program established pursuant to P.L. , c. (C. )(pending before the Legislature as this bill) 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)] P.L. , c. (C. )(pending before the Legislature as this bill) and 42 U.S.C.§601 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)

 

    18. 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 member of a family eligible for [recipient of Aid to Families with Dependent Children] the Work Support and Family Stability Program established pursuant to P.L. , c. (C. )(pending before the Legislature as this bill);

    (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 public assistance under a categorical assistance program 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 eligible for [Aid to Families with Dependent Children] the Work Support and Family Stability Program, 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 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 Support and Family Stability Program, 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, or in psychiatric hospitals;

    (7) Meets the standard of need applicable to his circumstances under a categorical assistance program or 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 eligible to receive assistance pursuant to P.L.1959, c.86 (C.44:10-1 et seq.); 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 eligible to receive assistance pursuant to P.L.1959, c.86 (C.44:10-1 et seq.).

    (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)

 

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

    2. 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 Support and Family Stability Program established pursuant to P.L. , c. (C. )(pending before the Legislature as this bill), 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 for aid to families with dependent children ceases, if the person:

    a. received financial assistance under the [aid to families with dependent children program] Work Support and Family Stability 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

    b. would be eligible for [aid to families with dependent children]financial assistance under the Work Support and Family Stability Program, except for the person's income, resources or hours of employment.

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

 

    20. The following are repealed:

    Section 1 of P.L.1987, c.283 (C.30:4D-6b);

    P.L.1947, c.156 (C.44:8-107 et seq.);

    P.L.1959, c.86 (C.44:10-1 et seq.);

    P.L.1983, c.85 (C.44:10-3.1 et seq.);

    P.L.1991, c.525 (C.44:10-3.3 et seq.);

    P.L.1991, c.526 (C.44:10-3.5 et seq.); and

    P.L.1991, c.527 (C.44:10-3.7 et seq.).

 

    21. This act shall take effect on July 1, 1997, subject to the receipt of such waivers of federal government regulations as may be necessary to implement the provisions of this act, except that the commissioner may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.

 

 

STATEMENT

 

    This bill establishes the Work Support and Family Stability Program (WSFSP) in the Department of Human Services to replace the current programs which provide aid to families with dependent children (AFDC) cash assistance and AFDC emergency (shelter) assistance, as well as general public assistance (GA). The program shall be administered in each county by the county welfare agency under the oversight of, and pursuant to standards and procedures established by, the Division of Family Development.

    The WSFSP shall provide the following benefits and services to families and individuals who were AFDC, AFDC emergency or GA recipients prior to the effective date of this bill, and to other families and individuals who are eligible for the program: cash grants and other financial assistance, food, medical and health care benefits or insurance premium subsidies, child care assistance, housing subsidies or other housing assistance, housing search assistance, job training, job search assistance, education or other related benefits, substance abuse or mental health treatment services, and transportation assistance.

    The Division of Family Development or its representative shall prepare for each eligible family or individual a comprehensive work plan, to be mutually developed with the family or individual and approved by the division or its representative, which provides reasonable stipulations with respect to requirements for job search, job readiness and preparation, employment and employment-related education or training. Receipt of benefits and services under the program shall be conditioned upon the family or individual being in, or returning to, substantial compliance with the comprehensive work plan.

    The bill requires that the Commissioner of Human Services by regulation establish an accurate standard of need and update that standard annually to reflect the increased costs of its various components, for which purpose the commissioner shall conduct a comprehensive market study at least every three years. The standard of need is defined as the minimum amount of income and in-kind benefits or services needed by families and individuals living in New Jersey in order to guarantee the necessities of life and to maintain a minimally decent and healthful standard of living, and shall include necessary housing, utilities, food, medical care, clothing, work-related transportation, child care and personal and household essentials.

    The bill stipulates that an eligible family or individual living in this State shall be provided financial assistance and other benefits and services sufficient to provide all substantive components of the applicable standard of need, and to assure that the family's or individual's standard of living is equal to 80% of the applicable standard of need during the first year after the effective date of the bill, which percentage shall be increased in annual stages until it is equal to 100% of the applicable standard of need by the fifth year after the effective date of the bill.

    The bill repeals P.L.1959, c.86 (C.44:10-1 et seq.) and P.L.1947, c.156 (C.44:8-107 et seq.), the statutes governing the AFDC and GA programs, respectively, which are obviated by WSFSP. The bill also amends the "Family Development Act," P.L.1991, c.523 (C.44:10-19 et seq.), which established the Family Development Initiative that will be replaced by WSFSP. The provisions of that statute are conformed to this bill.

    The bill takes effect on July 1, 1997, subject to the receipt of such waivers of federal government regulations as may be necessary to implement the provisions thereof.

 

 

                             

 

Designated the "Work Support and Family Stability Act."