New Legislative Package to Enhance Health and Safety for Individuals with Developmental Disabilities

Proposed Laws Aim to Increase Accountability and Improve Quality of Care in New Jersey

NEW JERSEY — Senator Joe Vitale has introduced a comprehensive legislative package designed to improve health and safety standards for individuals with developmental disabilities in New Jersey. Developed in collaboration with the Department of Human Services, the initiative seeks to strengthen oversight of service providers while ensuring individuals and their families are treated with respect and dignity.

“I’m excited to spearhead this comprehensive package of reforms to improve the services provided to our residents with intellectual and developmental disabilities, both by service providers and by the Department,” said Senator Vitale, Chair of the Senate Health, Human Services and Senior Citizens Committee. “Our shared commitment is that every individual with intellectual and developmental disabilities lives in a safe and supportive environment. By implementing these measures, we are safeguarding the rights of individuals and ensuring they can thrive and fully participate in communities across New Jersey.”

The legislative package proposes several key measures to enhance accountability and service standards for providers of care to individuals with developmental disabilities:

Enhancing State Enforcement Authority and Establishing Financial Penalties:

The proposed legislation would authorize the Department of Human Services to impose financial penalties on service providers that fail to meet essential quality and safety standards, such as conducting employee background checks and performing adequate internal investigations. Providers found responsible for injury or neglect may also face penalties. Additionally, the Division of Developmental Disabilities (DDD) would gain authority to terminate payment to providers that fail to comply with established requirements.

New Provider Governance and Service Standards:

The bills seek to establish new service and transparency standards for providers. These include notifying clients and families of significant operational events, adopting policies to prevent nepotism, conflicts of interest, discrimination, and retaliation, and ensuring board activities are transparent. Providers would also be required to publish annual audited financial statements on their websites, while executive salaries and administrative expenses would be capped to ensure funds are directed to direct care services.

Appointment of Director of Medical Services:

To better address abuse and neglect of individuals with complex medical needs, the legislation calls for the creation of medical director positions within both the Department of Human Services and the Department of Children and Families. These positions will strengthen oversight and improve the investigation of abuse and neglect cases involving vulnerable individuals.

Creation of a Disability Mortality and Abuse Prevention Advisory Committee:

The bill package proposes establishing a Disability Mortality and Abuse Prevention Advisory Committee. This committee would be tasked with reviewing cases of abuse, neglect, exploitation, and death involving adults with intellectual and developmental disabilities over a two-year period. It would then make recommendations to further prevent harm and improve the state’s response to allegations of abuse and neglect.

System for Receiver Appointment:

The legislation aims to create a clear framework for appointing a receiver to take over the operations and financial control of a provider agency when the Department of Human Services identifies a pattern of substantial violations that endanger the health and safety of clients, and the provider fails to address those violations.

Streamlining Investigations:

The legislative package seeks to streamline investigations by transferring responsibility for investigating abuse and neglect of individuals under 21 from the Office of Program Integrity and Accountability to the Department of Children and Families. This change is intended to expedite the investigatory process and improve outcomes for vulnerable youth.

Annual Workforce Survey Requirement:

To support the development of policies aimed at assisting direct care workers, the legislation would require service providers to complete an annual workforce survey. This survey will gather important data on the direct care workforce, ensuring that policies are informed by the needs of those providing essential services.