Bill Text: NJ A4479 | 2020-2021 | Regular Session | Amended


Bill Title: Provides supplemental payments to long-term care facility staff providing direct care services during COVID-19 pandemic.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2020-09-24 - Substituted by S2788 (1R) [A4479 Detail]

Download: New_Jersey-2020-A4479-Amended.html

[First Reprint]

ASSEMBLY, No. 4479

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JULY 30, 2020

 


 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblyman  LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

 

Co-Sponsored by:

Assemblywomen Speight, McKnight, Reynolds-Jackson, Assemblyman Johnson and Assemblywoman Tucker

 

 

 

 

SYNOPSIS

     Provides supplemental payments to long-term care facility staff providing direct care services during COVID-19 pandemic.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Aging and Senior Services Committee on August 24, 2020, with amendments.

  


An Act concerning long-term care facilities and supplementing Title 26 of the Revised Statutes.

 

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

 

     1.    a.  Subject to the availability of federal funds provided or made accessible to the State in response to the coronavirus disease 2019 (COVID-19) pandemic, including, but not limited to, federal block grant funds allocated to the State from the federal "Coronavirus Relief Fund" established pursuant to the federal 1"1 Coronavirus Aid, Relief, and Economic Security Act (CARES Act)," Pub.L.116-136, the State Treasurer shall establish 1:

     (1)1 a program to make a one-time, lump-sum payment to any employee of 1a1 long-term care facility who, during the period commencing from March 9, 2020 through the effective date of this act:

     1[(1)] (a) 1 worked at least 10 consecutive or non-consecutive weeks during which the employee provided direct care services 1[to] at a1 long-term care facility 1[residents]1;

     1[(2)] (b) 1 during each of those 10 weeks, provided at least 25 hours of direct care services 1[to] at a1 long-term care facility 1[residents]1, which 25 hours may have been provided in a single long-term care facility or in multiple long-term care facilities during that week; and

     1[(3)] (c) 1 during each of those 10 weeks, earned an hourly wage of less than $25 per hour or a salary that is equivalent to a wage of less than $25 per hour1 ; and

     (2)   a grant program for long-term care facilities to provide supplemental payments to certain staff who provide direct care services at the facility.  A facility shall be eligible for a grant award under this paragraph if the facility provides supplemental pay to staff members who deliver at least 25 hours of direct care services per week and who earn an hourly wage of less than $25 per hour or a salary that is equivalent to a wage of less than $25 per hour.  As a condition of receipt of a grant award, a facility shall submit a report to the State Treasurer, in a method and manner determined by the State Treasurer, documenting that the facility distributed 100 percent of the grant funds for such supplemental payments.  A facility that fails to meet any requirement of this paragraph shall be subject to recoupment of the grant funds by the State in any amount not to exceed the total amount of the grant award1

     b.    The State Treasurer shall determine the amount of the payment to be made to 1[direct-care staff in]1 long-term care 1[facilities] facility staff who provide direct care services1 pursuant  to 1paragraph (1) of subsection a. of1 this section 1and the maximum grant award to be issued to a long-term care facility pursuant to paragraph (2) of subsection b. of this section1 based on the total amount of available funds and the anticipated number of applicants 1[for a payment]1 under this section, and shall establish a standardized online application process that includes a mechanism to verify applicant information 1and ensures that long-term care facility staff who provide direct care services participate in only one program established in this section1

     c.     The State Treasurer may revise or issue a blanket waiver of any of the eligibility criteria for a payment 1or grant award1 set forth in this section as the State Treasurer deems appropriate, and may establish any additional qualification or eligibility criteria for a payment 1or grant award1 under this section as the State Treasurer deems appropriate, provided such revision, waiver, or additional criterion is consistent with the goal of providing supplemental income to the broadest range of low-wage staff providing direct care services 1[to] at1 long-term care 1[facility residents] facilities1 during the COVID-19 pandemic as possible.  Subject to the availability of funds and any restrictions established by federal law that apply to the use or distribution of available funds, the State Treasurer shall have the discretion to expand the payment program 1and grant program1 established under this section to include additional groups of individuals or professionals who provided health care services directly to patients during the COVID-19 pandemic.

     d.    In no case may a long-term care facility reduce the amount of the wage ordinarily paid to a staff member who receives a payment under this section.  A long-term care facility that violates the provisions of this subsection shall be liable to a civil penalty of $1,000 for each violation, which civil penalty shall be collected by and in the name of the Department of Health in summary proceedings before a court of competent jurisdiction pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). 

     e.     The Governor, the State Treasurer, the Commissioners of Health and Human Services, and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, shall each take appropriate steps to provide notice to 1[direct-care staff working in]1 long-term care facilities 1and facility staff who provide direct care services1 of the availability of payments and grants being made under this section, and shall provide a link through their respective Internet websites to the application materials to receive a payment 1or grant1 under this section.

     f.     Nothing in this section shall be construed to restrict the ability of the State Treasurer or any other entity of State, county, or local government to establish any other wage assistance program or to make additional or future payments to any group of individuals or professionals from funding available from any source, including, but not limited to, federal funds as may be available for this purpose.

     g.    As used in this section:

     "Direct care services" means services 1[involving personal care, assistance, or treatment that are]1 provided 1[directly to residents of] by an individual employed by or providing services at1 a long-term care facility 1[by a health care professional licensed or certified pursuant to Title 26 or Title 45 of the Revised Statutes]  who comes into contact with residents, direct care workers, or materials that have been exposed to residents or direct care workers during the course of work, including, but not limited to, such services as: personal care, assistance, or treatment provided directly to residents of the facility; housekeeping, dietary, laundry, and social work activities; and facility maintenance1.

     "Long-term care facility" means a nursing home, assisted living residence, comprehensive personal care home, residential health care facility, or dementia care home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

 

     2.    This act shall take effect immediately.

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