Senator Vitale, DHS Announce Comprehensive Legislative Package to Enhance Safety and Accountability in Developmental Disability Services
Trenton – Senator Joe Vitale announced he has introduced a legislative package aimed at enhancing the health and safety of individuals with developmental disabilities. This initiative, drafted with assistance from and supported by the Department of Human Services, seeks to hold service providers accountable while ensuring that individuals receiving services, 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.”
“These transformative bills represent more than legislative progress; they mark a significant stride in our ongoing commitment to ensure that individuals with intellectual and developmental disabilities are not only safeguarded but also empowered to thrive within our communities,” said Human Services Commissioner Sarah Adelman. “By enhancing protections and boosting accountability for providers, we underscore our dedication to enabling every person to achieve their full potential and live with the dignity and respect they deserve. I extend my gratitude to Senator Vitale for his efforts and look forward to working collaboratively as these vital initiatives advance. Together, we share a unified goal: a promise to protect and support every individual.”
The bill package includes bills that:
· Enhance State Enforcement Authority and Establish Financial Penalties:
o Authorizes the Department of Human Services to impose financial penalties on providers for violating certain quality and safety requirements such as failing to conduct background checks on employees and failing to conduct adequate internal investigations, and for findings of injury or neglect.
o Grants the Division of Developmental Disabilities (DDD) the power to terminate authorization for payment to providers that don’t comply with DDD requirements.
· Establish New Provider Governance and Service Standards:
o Establishes new service and transparency standards for providers, including notifying clients and families of significant operational events, adopting policies to prevent nepotism, conflicts of interest, discrimination, and retaliation, and ensuring transparency of board activities.
o Mandates that annual audited financial statements be posted on the provider’s website and caps executive salaries and administrative expenses to ensure revenue is spent on direct care.
· Require Department Hiring of Director of Medical Services:
o Establishes new medical director positions within both Human Services and the Department of Children and Families to enhance investigations of abuse and neglect involving individuals with complex medical needs.
· Create a Disability Mortality and Abuse Prevention Advisory Committee:
o Establishes a Disability Mortality and Abuse Prevention Advisory Committee tasked with reviewing cases, over two years, of abuse, neglect, exploitation, and death of adults with intellectual and developmental disabilities and making recommendations to further prevent harm and improve government response to allegations of abuse, neglect, and exploitation.
· Establish System for Receiver Appointment:
o Creates a clear framework for the Department of Human Services to seek the appointment of a receiver to take over operations and financial control of a provider agency when the Department identifies a pattern or substantial violation of the standards of health and safety or any other conditions dangerous to life, health, or safety of a client and the provider has not remedied such conditions.
· Streamline Investigations:
o Transfers full investigative responsibility for individuals under 21 from Human Services’ Office of Program Integrity and Accountability to the Department of Children and Families, streamlining the investigatory process for cases of abuse and neglect.
· Require Workforce Survey Participation:
o Mandates that service providers complete an annual workforce survey to collect data on the direct care workforce, aiding in the development of policies that support these essential workers.
“This sweeping legislative effort underscores our strong resolve to bolster safeguards and accountability,” said Senator Vitale. “Through these thorough measures, we are taking innovative steps to modernize our supports for individuals with intellectual and developmental disabilities. I look forward to working with all the stakeholders, especially those with lived experience, to make these reforms as thoughtful and effective as they can be.”
“Human Services is continuously committed to fostering a safe and dignified environment for individuals with developmental disabilities,” added Commissioner Adelman. “This legislative package not only enhances accountability among service providers but also amplifies the voices of those with lived experience in shaping the services they receive.” |