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NEW JERSEY REGISTER
VOLUME 39, ISSUE 12
ISSUE DATE: JUNE 18, 2007
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS OFFICE OF THE DIRECTOR
39 N.J.R. 2323(a)

Proposed New Rules: N.J.A.C. 13:45B-2.9, 5.2, 14.7 and 14.8

Click here to view Interested Persons Statement

Personal Services

Uncertified and Unlicensed Individuals; Information for Patient/Employers

Authorized By: Stephen Nolan, Acting Director, Division of Consumer Affairs.

Authority: N.J.S.A. 26:2H-5d, 34:8-54 and 34:8-79.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2007-188.

Submit written comments by August 17, 2007 to:

Stephen Nolan, Acting Director
State of New Jersey
Division of Consumer Affairs
Office of the Director
P.O. Box 45027
Newark, New Jersey 07101

The agency proposal follows:

Summary

P.L. 2002, c. 81 ( N.J.S.A. 26:2H-5d and 34:8-79) mandates that the Division of Consumer Affairs (Division) require certified homemaker-home health aides and other health care professionals placed in a home by a health care service firm, to wear photographic identification tags that include their name and title. This law also requires health care service firms to provide patients with a copy of the most current Consumer Guide to Homemaker-Home Health Aides published by the New Jersey Board of Nursing. P.L. 2002, c. 81 sets standards for agencies regulated by the Division that place individuals who are not licensed or certified as a health care professional. These regulated agencies must: inform consumers that the placed person is not a certified homemaker-home health aide or other regulated health care professional; identify any training the placed person has received; provide proof that the placed person is a United States citizen or legally-documented alien; and provide evidence of employment history or character references for the placed person. This information must be given to patients or consumers at least 24 hours in advance of the provision of services or, if that is not possible, at some time prior to the provision of services. The Division proposes new rules at N.J.A.C. 13:45B-2.9, 5.2, and 14.8 to require employment agencies, consulting firms and health care service firms to provide the information required by P.L. 2002, c. 81 when these agencies place individuals who are not licensed or certified. The Division proposes new rule N.J.A.C. 13:45B-14.7 to require certified homemaker-home health aides and other licensed or certified health care professionals to wear photographic identification tags when providing home-based services and to require health care service firms to provide patients with a copy of the current Consumer Guide to Homemaker-Home Health Aides. As the Division has provided a 60-day comment period on this notice of proposal, this notice is exempted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3.

Social Impact

The Division believes that the proposed new rules will have a positive impact on society. The proposed new rules provide that, when an individual is placed in a patient/employer's home, the agency placing the individual provide specific information about the individual to patients/employers. This ensures that the patient/employer knows the status and abilities of the individual who is providing home-based services. The proposed new rules also provide that homemaker-home health aides and other health care professionals placed by health care service firms wear a photographic identification tag when providing services, which ensures that patients/employers are able to accurately identify the certified and licensed individuals who are providing home-based services. The proposed new rules require health care service firms to provide patients and employers with a copy of the Consumer Guide to Homemaker-Home Health Aides published by the New Jersey Board of Nursing. This ensures that patients and employers are aware of the education and skills of homemaker-health aides who provide services.

Economic Impact

The Division believes that the proposed new rules will impose costs on agencies. These agencies will be required to provide patients/employers with specific information when they place unlicensed or uncertified individuals in the patients/employers' home. The cost of providing this information will be borne by the agencies. The proposed new rules will also impose costs on homemaker-home health aides and health care professionals as these individuals will be required to obtain and wear photographic identification tags.

Federal Standard Statement

A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed new rules.

Jobs Impact

The Division does not believe that the proposed new rules will either increase or decrease the number of jobs in New Jersey.

Agriculture Industry Impact

The Division does not expect the proposed new rules to have any impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The employment agencies, consulting firms and health care service firms that place individuals to provide home-based services may be considered "small businesses" as that term is defined in the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., as they may employ less than 100 full-time employees. The costs imposed on small businesses by the proposed new rules are the same as those imposed on all businesses as set forth in the Economic Impact above. Health care service firms may need to employ graphic design services to obtain photographic identification tags for certified homemaker-home health aides and other licensed or certified health care professionals. The Division does not believe that employment agencies, consulting firms or health care service firms will need any other professional services to comply with the requirements of the proposed new rules. The proposed new rules impose no reporting or recordkeeping requirements. The proposed new rules impose compliance requirements regarding the information agencies are required to supply to patients/employers and the photographic identification tags that certified homemaker-home health aides and other licensed or certified health care professionals are required to wear when providing home-based services. The proposed new rules implement a Legislative mandate, which does not authorize different compliance standards based on business size.

Smart Growth Impact

The proposed new rules will have no impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan.

Full text of the proposed new rules follows:

13:45B-2.9 Uncertified and unlicensed individuals providing home-based services

(a) When an employment agency sends an individual who is not licensed or certified as a homemaker-home health aide or health care professional to a patient/employer's home to provide home-based services, the employment agency shall provide to the patient/employer:

1. Notification that the individual is not a certified homemaker-home health aide or licensed or certified by the Division of Consumer Affairs as a health care professional;

2. A written statement, on the employment agency's letterhead, indicating:

i. The name and address of the individual; and

ii. The title of any course the individual successfully completed that prepared the individual to provide services to the patient/employer, the date the course was completed and the place at which the course was taken;

3. Certification from the employment agency that the individual is a United States citizen or legally-documented alien who can legally work in the United States; and

4. Certification from the employment agency that it has verified the individual's employment history or has obtained at least two character references for the individual.

(b) The information required by (a) above shall be provided to a patient/employer at least 24 hours prior to the provision of services.

(c) A patient/employer may waive the right to obtain the information required by (a) above within the time frame set forth in (b) above. Such waiver must be in writing and must be maintained for at least two years by the employment agency. When a patient/employer has waived his or her right to obtain the information within the time frame set forth in (b) above, the information required by (a) above shall be provided to the patient/employer prior to the provision of services.

13:45B-5.2 Uncertified and unlicensed individuals providing home-based services

(a) When a consulting firm sends an individual who is not licensed or certified as a health care professional to a patient/employer's home to provide home-based services, the consulting firm shall provide to the patient/employer:

1. Notification that the individual is not a certified homemaker-home health aide or licensed or certified as a health care professional by the Division of Consumer Affairs;

2. A written statement, on the consulting firm's letterhead, indicating:

i. The name and address of the individual; and

ii. The title of any course the individual successfully completed that prepared the individual to provide services to the patient/employer, the date the course was completed and the place at which the course was taken;

3. Certification from the consulting firm that the individual is a United States citizen or legally-documented alien who can legally work in the United States; and

4. Certification from the consulting firm that it has verified the individual's employment history or has obtained at least two character references for the individual.

(b) The information required by (a) above shall be provided to patient/employers at least 24 hours prior to the provision of services.

(c) A patient/employer may waive the right to obtain the information required by (a) above within the time frame set forth in (b) above. Such waiver must be in writing and must be maintained for at least two years by the consulting firm. When a patient/employer has waived his or her right to obtain the information within the time frame set forth in (b) above, the information required by (a) above shall be provided to the patient/employer prior to the provision of services.

13:45B-14.7 Information for patient/employers

(a) Every certified home-maker home health aide or health care professional regulated by the Division shall wear an identification tag at all times while providing care to patient/employers receiving home-based services. The identification tag shall include the individual's first name or initial, the full surname, the term reflecting the individual's level of licensure or certification and a photograph of the individual. The letters on the tag shall be of equal size, in type not smaller than one-quarter inch. The size of the identification tag shall be equal to or greater than that of any other identification worn by the individual.

(b) Every health care service firm shall provide patient/employers with a copy of the Consumer Guide to Homemaker-Home Health Aides published by the New Jersey Board of Nursing.

(c) The information required by (b) above shall be provided to patient/employers at least 24 hours prior to the provision of services.

(d) A patient/employer may waive the right to obtain the information required by (b) above within the time frame set forth in (c) above. Such waiver must be in writing and must be maintained for at least two years by the health care service firm. When a patient/employer has waived his or her right to obtain the information within the time frame set forth in (c) above, the information required by (b) above shall be provided to the patient/employer prior to the provision of services.

13:45B-14.8 Uncertified and unlicensed individuals providing home-based services

(a) When a health care service firm sends an individual who is not licensed or certified as a health care professional to a patient/employer's home to provide home-based services, the health care service firm shall provide to the patient/employer:

1. Notification that the individual is not a certified homemaker-home health aide or licensed or certified by the Division of Consumer Affairs as a health care professional;

2. A written statement, on the health care service firm's letterhead, indicating:

i. The name and address of the individual; and

ii. The title of any course the individual successfully completed that prepared the individual to provide services to the patient/employer, the date the course was completed and the place at which the course was taken;

3. Certification from the health care service firm that the individual is a United States citizen or legally-documented alien who can legally work in the United States: and

4. Certification from the health care service firm that it has verified the individual's employment history or has obtained two character references for the individual.

(b) The information required by (a) above shall be provided to patient/employers at least 24 hours prior to the provision of services.

(c) A patient/employer may waive the right to obtain the information required by (a) above within the time frame set forth in (b) above. Such waiver must be in writing and must be maintained for at least two years by the health care service firm. When a patient/employer has waived his or her right to obtain the information within the time frame set forth in (b) above, the information required by (a) above shall be provided to the patient/employer prior to the provision of services.



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