Disability Rights New Jersey is providing these FAQs as a followup to the NJ AIDD Network Virtual Town Halls on April 2 & April 18, 2020.  

A recording of each session is available to view by clicking below:

What is being done regarding discrimination against persons with disabilities receiving all available life saving measures (allocation of critical care resources)?

New Jersey’s Department of Health has released guidance that reflects a University of Pittsburgh Model. It is unclear which hospitals have been implementing the guidance. Disability Rights New Jersey has written to both the Governor and the Commissioner of Health emphasizing that the lives of people with disabilities are inherently valuable and have an equal right to health care treatment under the law. You can view these letters here:  

Some states have filed complaints with the Office of Civil Rights in response to discriminatory policies.  There is a Federal Office of Civil Rights Bulletin available about this specific issue available.

If you believe you have been the victim of discrimination and need assistance, please contact Disability Rights New Jersey intake at 1-800-922-7233.

Will guardians and DSPs be allowed into hospitals to address behavioral or communication needs?

Hospitals across the state of New Jersey are each developing their own visitation policies. In an April 11 letter to the Commissioner of Health, Disability Rights New Jersey proposed that New Jersey immediately issue a directive stating that hospital visitation policies barring visitors include and exception for patients with disabilities who need assistance due to the specifics of their disability. NJDOH has issued specific guidance on this issue on April 25,2020. You can view the policy and our response to the issue here:

As part of the CARES Act, Congress has allowed states to use Medicaid funding to make home and community based services available to individuals in an acute care hospital.  States can approve payment so long as those community supports are: (a) in the person's plan of care, (b) not duplicating of services the hospital should provide, AND (c) will support the individual's transition back to the community or prevent the loss of functional ability.  See Section 3715 in the CARES Act for the full text.   These services could include DSPs or self-directed employees.  We are waiting to hear how New Jersey will implement this new authority.  

Is Disability Rights New Jersey tracking the transition of Autism services traditionally delivered through CSOC to managed care via Comprehensive Waiver, specifically loss of access to Family Support Organizations for people receiving services via MCO?

There are letters on the Division of Medical Assistance & Health Services website regarding the change from Care Management Organizations to Managed Care Organizations for specific Autism-related services. At this time, it appears that CMO services can remain open if there is a need. Family Support Organization services can still be accessed in regard to parent support groups but if the case is closed by a CMO, the parent would have to reach out directly.

Has there been a moratorium on Medicaid eligibility redeterminations during the health crisis?

As part of the Family First Coronavirus Response Act there is increased federal funding for Medicaid. As a condition for states to receive the increased funding, Congress prohibited terminations of existing Medicaid eligibility during the health care crisis. The moratorium protects anyone enrolled in Medicaid as of March 18, 2020, or who enrolls after that date until the emergency is declared over by the President of the United States. There is additional information about this on the Centers for Medicare & Medicaid Services website.

There were some reports that people who received their notice before March 18 but had continuing benefits until the end of March were not being counted, but that should have been corrected and for individuals in that category their Medicaid should continue.

Anyone experiencing a termination or threat of termination can call Legal Services of New Jersey (1-888-576-5529) or Disability Rights New Jersey (1-800-922-7233) for information and advice.

Can DDD agency DSPs be paid/bill for video or telephone support of their client if they are physically distancing?

Effective April 9 and until further notice, from the Division, some services can be provided remotely:

The guidance has been revised to clarify that there is no restriction on in-person in home supports. Remote delivery of services is an option. 

Who is enforcing DDD and DCF infection control protocols in their respective licensed residential settings?

The Office of Licensing has suspended routine inspections, but otherwise Unusual incident reporting and investigations are functioning. Individual facilities should already have oversight policies in place but if there is an allegation that a particular setting that is in violation that should be directed to DDD’s hotline at 1-800-832-9173.

There are specific communications on Licensing and Incident Reporting available.

What infection control measures is DDD implementing in state-run Developmental Centers? 

DDD has issued several updates on specific measures it is taking in Developmental Centers, including a recently announced universal-testing protocol for all residents and staff.  Those announcements are available here.

Does the state have a reserve of PPE available to supplement DDD providers who cannot get it on the open market?

DHS/DDD is receiving a modest shipment of PPE. As additional allocations are received, they will continue to make supplies available to the community. DDD is reaching out to residential providers to provide a portion of PPE based on number of residents served. DDD is also working to identify families who utilize self-directed employees that do not reside in the household. The provision of PPE will be based on the impact COVID-19 is having in the county of residence. DDD is urging providers and SDE’s to contact the local office of emergency management to relay PPE needs.

Can individuals obtain more personal care assistance if needed due to illness or caretaker illness?

This is an area that the state Medicaid agency is attempting to address with additional waiver authority but with respect to additional time, someone can always make a request through their managed care organization.  Some of the MCO PCA assessments may be completed telephonically, and to the extent that someone needs additional support due to a COVID related illness, either themselves or a caregiver, the MCO’s are trying to process these requests within 24 hours.

Is there a training for people on how to properly use PPE, including individuals who need sensory-friendly PPE?

The World Health Organization has a picture guidance here. The Boggs Center is researching options to assist those with sensory needs to adjust to wearing PPE or if effective, sensory-friendly PPE is available.