E-News Update December 15, 2015 www.njacp.org

Olmstead Update

NJACP attended the Division of Developmental Disabilities (DDD) quarterly Olmstead Advisory Committee meeting on December 11th. DDD’s Jonathan Seifried led the meeting with input from Tom Pappa, DDD Chief of Staff. Discussion centered on the Division’s powerpoint presentation regarding statistics, including appropriations data, on the progress and status of the Disability Rights Olmstead settlements. Compared to previous years, the number of people moving into the community from institutions and money invested in community services has increased. The developmental center census continues to decline, with no new admissions. For more specific information, please see below (and view the presentation):

 As of July 1, 2015 28 individuals have transitioned from a developmental center into the community, with 54 more projected to transition by June 2016.

 Of the original 587 people living in institutions and in agreement to transition to the community by Fiscal Year 2017, 49 remain with 27 people linked to an agency and 22 who are not yet linked.

 Jonathan reported that just in the last month, 10 additional people from a variety of developmental centers have reached an agreement to move into the community.

 As of November 30, 2015 there were 1,550 people who continue to live in the state’s 5 developmental centers.

 Up front funding costs for moving people from the closure of Woodbridge and North Jersey Developmental Centers was all state money and savings have been reinvested back into the community. After individuals begin receiving services in the community the state begins to receive a federal match for the services, allowing more people to be served because of enhanced federal funding.

 Over the Fiscal Years 2011-2016, the state has increased community service funding by $400 million. Further, the final savings from the institutional closures is contained in this year’s budget. A small amount of funding is set aside to maintain the physical structures of the institutions until their future use is resolved. Also, some funding was returned to the developmental centers to serve individuals who chose to move to another institution and additional funding was diverted to enhance central office staff, including the establishment of a Trenton office.

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Olmstead Update (continues)

 It was estimated savings from the two closures amounted to $120 million.  Future savings from each individual’s transition to the community will be minimal without the closure of another institution.  Please see page 4 of the power point presentation for a breakdown of appropriations within the DDD budget over fiscal years 2011-2016, note the reduction of the percentage of the budget dedicated to developmental centers from 33% in FY 2011 to 20% in FY 2016.

Staff from the Community Living Education Project (CLEP) reported efforts continue to educate people living in institutions about the services available in the community. The next meeting of the Olmstead Advisory Committee will be held on March 11. The committee will begin to discuss, review and re-evaluate the future mission of the committee.

Bill Update

Both and Assembly committees held hearings on Thursday, December 10. Bill of interest to providers are listed below.

Assembly Health and Senior Services

A-3700, which provides for licensure of ambulatory care facilities to provide integrated primary care services including behavioral health care and is sponsored by Assemblyman Vincent Mazzeo (D-2) and Assemblywoman Valerie Huttle (D-37), was released from the committee. The bill allows ambulatory care facilities, including Federally Qualified Health Centers (FQHCs), to provide integrated primary health care services, including behavioral health care services, under a single license. NJACP supported the bill to provide increased access to behavioral health services. The bill now heads to the Assembly floor for final Legislative approval.

A-4026, which establishes New Jersey Caregiver Task Force to evaluate and provide recommendations on caregiver support services, sponsored by Assemblywomen Pam Lampitt (D-6) and Valerie Huttle (D-37), was released from committee. The task force would be required to submit a report, to both the governor and legislature, containing its findings on the issues described above, and providing recommendations for legislation, or for regulatory or programmatic changes, that would be necessary to improve, expand, or supplement existing caregiver support service programs and systems in the state, in response to caregiver concerns. The report would need to be submitted within 12 months after the task force's organization, and the task force would dissolve, and the bill's provisions would expire, on the 30th day following the report's submission. NJACP supports the bill to continue to explore issues related to caregiving as the need increases. The bill heads to the Assembly floor for final Legislative approval.

A-4639, which establishes Mike Adler Aphasia Task Force to assess needs of persons with aphasia, and their families, and ensure adequate provision of support services and information thereto, and is sponsored by Assemblywoman Valerie Huttle (D-37), was released from committee. NJACP supported the bill and it now heads to the Assembly floor for final Legislative approval.

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Bill Update (continues)

A-4790, which establishes a process to integrate certain health data and other data from publicly supported programs for population health research and is sponsored by Assemblyman (D-6) and

Assemblywoman Valerie Huttle (D-37), was released from committee. The bill would create a system where state departments could easily share and make available data in a user friendly way. The effort was started by Dr. Jeffry Brenner from the Camden Coalition of Healthcare Providers in an effort to make information attainable and available so that data can be collected that will assist in evaluating the current healthcare system and supporting change to improve the system. Often, as NJACP has also experienced, it can be difficult to attain data from the State that is usable, which is critical as data is becoming necessary to form a foundation for advocacy for change. NJACP reached out to the Senate sponsors of the legislation with concerns about provider electronic compatibility with new State systems, however, the bill only pertains to interoffice communications by state departments and would not require change on the part of any third party contractor. NJACP actively supports the bill. The legislation is being fast-tracked through the Legislature and now heads to the Assembly floor for a vote.

Senate Community and Urban Affairs A-1877, which permits a tenant to be removed from leased housing due to criminal activity under certain circumstances, and is sponsored by Assemblyman John Burzichelli (D-3), was released from committee. The bill provides some protections for landlords and NJACP is monitoring the bill given the providers new role as landlord in the transition to Fee for Service. The bill now heads to the Senate floor for final legislative approval.

Senate Budget and Appropriations Committee S-2435, which provides Medicaid coverage for advance care planning, and is sponsored by Senators Richard Cody (D-27) and Joe Vitale (D-19), was released from committee. The bill provides Medicaid recipients with coverage for advance care planning, which NJACP supports. The bill now heads to the Senate floor for final Legislative approval.

Senate Health and Human Services Committee S-1845, which establishes a Medicaid demonstration project to cover room and board services for certain terminally ill patients in the home or other non-institutional setting, and is sponsored by Senator Jeff Van Drew (D-1). NJACP actively supports the bill as the beginning of a discussion of the need for room and board funding for some people who receive Medicaid benefits. Living in the community requires access to housing. The bill now heads to the Senate floor for a vote.

S-3220, which establishes a process to integrate certain health data and other data from publicly supported programs for population health research and is sponsored by Senator Steve Sweeney (D-3) and Joe Vitale (D-19), was released from committee. The bill would create a system where state departments could easily share and make available data. The effort was started by Dr. Jeffry Brenner from the Camden Coalition of Healthcare Providers in an effort to make information attainable and available so that data can be collected that will assist in evaluating the current healthcare system and supporting change to improve the system. Often, as NJACP has also experienced, it can be difficult to attain data from the State that is usable, which is critical as data is becoming necessary to form a foundation for advocacy for change. NJACP reached out to the Senate sponsors of the legislation with concerns about provider electronic compatibility with new State systems, however, the bill only pertains to interoffice communications by state departments and would not require change on the part of any third party contractor. NJACP actively supports the bill. The legislation is being fast-tracked through the Legislature and now heads to the Senate floor for a vote.

Bill Update Part II

Continuing to meet in “Lame Duck”, the Legislature again held committee hearings on December 14th. Please see bills of interest to providers and information regarding testimony on affordable housing below:

Assembly Judiciary Committee A-4531, which creates new criminal offenses concerning endangering another person, and is sponsored by Assemblywoman Grace Spencer (D-29) and Assemblyman Dan Benson (D-14), in response to an incident involving Parker Drake, who was lured into the ocean at Manasquan in February because of his disability despite wearing a diabetic pump. The bill allows for penalties if a person intentionally lures another person with a disability. NJACP supported the bill to provide additional protections for people with disabilities. The bill now heads to the Assembly floor for final legislative approval.

Assembly Human Services Committee A-3717, which increases Medicaid reimbursement rates for certain evidence-based behavioral health services; designated as the Mental Health Access Act, and is sponsored by Assemblywoman Valerie Huttle (D-37). The bill was introduced to address gaps in the availability of mental health services as part of a package of bills to address the addiction crisis in New Jersey. NJACP supported the bill because it would have the effect of increasing the availability of mental health services for all people. The bill now heads to the Assembly Appropriations Committee.

A-4636, which establishes minimum certified nurse aide-to-resident ratios in nursing homes, and is sponsored by Assemblywomen Angelica Jimenez (D-32) and Valerie Huttle (D-37). The bill would require CNA to patient ratios in nursing homes without a corresponding rate increase to fund the needed additional CNA’s. There was passionate testimony both for and against the legislation. Nursing homes were concerned they would need to cut programs to provide staffing required under the bill and the unions supported mandating ratios. Legislators in support of the bill commented they were concerned about the quality of care and that additional staff would represent better care. The Republicans on the committee, Assemblyman Sam Fiocchi (R-1) and Mary Pat Angelini (R-11) opposed the bill. NJACP is monitoring the bill and it now heads to the Assembly floor.

A-4341, which requires the development and maintenance of data dashboard report to advise of open bed availability in residential facilities providing behavioral health services, and is sponsored by Assemblyman (D-36) and Assemblywoman Valerie Huttle (D-37). The goal of the bill is to provide real time information about available psych beds across the state in response to difficulty accessing mental health beds for people in emergency rooms and for others in need. The information would be housed on the DHS website and updated daily. The bill is a product of several round table discussions with stakeholders. NJACP is monitoring the bill. The legislation now heads to the Assembly Appropriations Committee.

Housing Testimony

The Assembly Human Services Committee also heard testimony from invited guests regarding the availability of housing for low income people with the cancellation of a temporary housing program that was providing housing for the homeless and people with physical disabilities. DHS Commissioner Connolly was invited to testify but instead submitted a letter that the participants in the program would be eligible for other programs and that the Department of Community Affairs will be releasing 1,000 housing vouchers through Section 8, which is the largest recent release of vouchers. Testimony was heard from those in the Anti-Poverty Network and the Community Health Law Project. Concern was also discussed regarding other vulnerable populations, including people with intellectual and developmental disabilities in the testimony. Assemblywoman Huttle commented she considered housing a “human right” and that this is a step toward considering solutions to the growing problem of availability of affordable housing.

HMFA Launches Two Programs with Informational Session

The New Jersey Home and Mortgage Finance Agency (HMFA) held an informational session and launch of two programs, the Money Follows the Person Housing Partnership Program (MFPHPP) and the Section 811 Project Rental Assistance Program (Section 8 PRA). The MFPHPP is targeted and provides funding for people who are aging and have physical disabilities. The program is a partnership between HMFA and the Department of Human Services Division of Aging Services (DoAS). The program provides capital subsidies to eligible for-profit and non-profit developers to set aside housing units for qualified individuals transitioning from nursing facilities to community settings.

The Section 8 PRA is funded through the U.S. Department of Housing and Urban Development (HUD), which awarded New Jersey $5,099,229 in rental assistance. This funding will provide permanent affordable rental housing to 206 New Jersey residents with disabilities who are moving from a state institution or at risk of institutionalization. New Jersey is one of 25 states to receive a portion of the $150 million in funding available through the Section 811 PRA program. The vouchers will be used towards existing, as well as future, Low Income Housing Tax Credits (LIHTC) rental housing developments administered by HMFA. The program will provide vouchers statewide, however, because Sandy funding has provided housing in the southern region, many of the vouchers may be utilized in the central and northern regions. Developers at the session asked if rental subsidies would be increased for northern properties, but HMFA replied all subsidies would be the same because there is a finite amount of funding with which to provide for all 206 vouchers.

Please click here (part one) and (part two) for more information, including the slides from the presentation and detailed information about each program. Please view the booklet for contacts for each program if you need additional information or have questions. There is also information and applications on the HMFA website.

DDD Releases FAQ on Support Program

The Division of Developmental Disabilities released the attached FAQ regarding the Support Program. The FAQ is consists of questions and feedback from providers and should be helpful as a resource for the program, including information about NPI numbers, the combined application and prior authorizations. Providers are encouraged to review the FAQ and the DDD asks that any questions are sent to the Support Program Help desk at [email protected]

Personal Aide Workers, Home Health Aides Among Fastest Growing Occupations in Coming Decades

On December 8, the Department of Labor (DOL) and the Bureau of Labor Statistics (BLS) released employment projections data about the labor market from 2014 to 2024. In a related blog, the agencies notes that four out of the top five fastest-growing occupations are related to health care. These projections data feed into the Occupational Outlook Handbook, which will be released next week on Dec. 17. The handbook is a guide to career information about hundreds of occupations and is used by job seekers, students, guidance counselors, employers, and many others to get information on the number of jobs and growth rates, along with needed education and training, for more than 300 occupations. The blog linked above also includes a video highlighting the data as well as an infographic.

Every Student Succeeds Act Signed into Law Preferred On December 10, President Obama signed the Every Student Succeeds Vendors Act (ESSA) into law. The legislation, which replaces the No Child Left Behind (Please click on the icons to law, was passed by the Senate earlier this week 85 to 12, and by the House of view their site) Representatives 359 to 64. Included in the law are several provisions that impact Please visit www.njacp.org to students with disabilities. Notably, statewide testing and accountability view additional details about standards include tracking students with disabilities and ensuring they have their products and services. access to the general curriculum accessible to the public. The law requires accommodations for assessments of students with disabilities, and sets a cap of one percent for alternate assessments. Under ESSA, states will have more flexibility and discretion in setting goals and establishing accountability, though certain federal standards will continue to be required. Additionally, states must report information on bullying and harassment, and the use of discipline procedures in schools. States must include in their reports information on how local educational agencies will reduce the use of aversive behavioral interventions, which includes restraints and seclusion.

The White House issued this release which includes a report, fact sheets, and other reference material regarding the changes from No Child Left Behind that ESSA implements.

Provider Participation Requested for Survey on People Aging with Disabilities

As part of a study being conducted in collaboration with the New Jersey Council on Developmental Disabilities, researchers at the Institute for Families in the Rutgers School of Social Work would like to invite providers to participate in an online survey, in which they hope to gain a greater understanding of those who are aging with developmental disabilities. The survey will only take approximately 20 minutes.

The goal is to gain a greater understanding of the needs of those with developmental disabilities, and the various challenges that they experience as they age. Ultimately, the benefits of this research can inform educational and outreach programming, to help serve this particular population. Please take a few moments to complete the survey, and pass it along to any caregiver groups that you may be familiar with. The survey will also be provided to consumers as well for their perspective.

Please click on the link below to access the survey (or copy and paste the link into your web browser) https://rutgers.qualtrics.com/SE/?SID=SV_3jWDQXmuW5Yagbr

Preferred NJACP Workshops Vendors (Please click on the icons to Serious Incident Investigations Training view their site) Please visit www.njacp.org to April 13 – 15, 2016 view additional details about their products and services.

Students attending this course will learn the fundamental principles of conducting investigation, including:

1. The role of speed, thoroughness and objectivity in the conduct of a real investigation. 2. Fundamental definitions, such as relevance, types of evidence and forms in which evidence is collected. 3. Techniques for conducting successful interviews. 4. Proper methodologies in developing written statements and other documentary records associated with the interview process. 5. The collection and preservation of physical evidence. 6. Reconciling conflicting evidence.

Seating is limited to 15 attendees, so register early!

Fees: $525 NJACP Members $675 Non-Members

Click Here to View Full Course Description: Conducting Serious Incident Investigations 2016

Click Here to Register: http://www.cvent.com/d/mrqbmn