reglab/housing_qa huggingface dataset:
NJ Rev Stat § 30:6D-34 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-34 - Findings, declarations

30:6D-34. Findings, declarations  2. The Legislature finds and declares that: a. It is in the best interest of the State of New Jersey to preserve, strengthen and maintain the family unit. All individuals, regardless of disability, have the right to belong to a family unit where enduring relationships can be fostered.  b. Families are the major providers of support, care, training and other services for their family member with a developmental disability living at home. Consequently, families are continually searching for ways to support family members with developmental disabilities in their homes instead of placing these individuals in a State or private institution.  c. Many families with a family member with a developmental disability experience exceptionally high financial outlays and extraordinary physical and emotional challenges, isolation, stigmatization and daily stress. Supporting families in their effort to care for their family member with a developmental disability at home is efficient, cost effective and humane; failure to provide needed supports can result in premature placement of the family member in a setting outside the home.  d. To be effective, family supports must support the entire family, must be easily accessible, flexible, culturally sensitive and individualized. They must be designed to promote interdependence, independence, productivity and integration of people with disabilities into the community. Family supports must also be built on existing social networks and naturally occurring supports including extended families, neighbors and community associations.  e. A Statewide family support policy must acknowledge that families themselves are able to define their own needs and select their own services; family supports must be chosen by families, controlled by families and monitored by families.  f. Adults with disabilities should be afforded the opportunity to make decisions for themselves, live in typical homes and communities and exercise their full rights as citizens. Adults with disabilities should have options for living separately from their families, but when this is not the case, families should be provided the supports they need.  L.1993,c.98,s.2.
NJ Rev Stat § 30:6D-35 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-35 - Definitions.

30:6D-35 Definitions.  3. For the purposes of this act: "Department" means the Department of Human Services. "Family member with a developmental disability" means a person who has a developmental disability as defined pursuant to section 3 of the "Division of Developmental Disabilities Act," P.L.1985, c.145 (C.30:6D-25).  "Family" means the family member with a developmental disability and his parents and siblings, or spouse and children.  "Family support services" means a coordinated system of ongoing public and private support services which are designed to maintain and enhance the quality of life of a family member with a developmental disability and his family as set forth in section 4 of this act.  "Parent" means the biological or adoptive parent or uncompensated resource family parent or legal guardian who cares for the family member with a developmental disability and with whom the family member with a developmental disability resides.  "System" means the Family Support System established pursuant to section 4 of this act.  L.1993,c.98,s.3; amended 2004, c.130, s.110.
NJ Rev Stat § 30:6D-36 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-36 - Family Support System

30:6D-36. Family Support System  4. a. There is established in the Division of Developmental Disabilities in the Department of Human Services a Family Support System to create flexible supports designed to strengthen and promote families who provide care within the family home for a family member with a developmental disability.  b. The Statewide system shall include, but not be limited to the following services: after school care; cash subsidies; communication and interpreter services; counseling services; crisis intervention; day care; equipment and supplies; estate and transition planning; home and vehicle modification; home health services; homemaker assistance; housing assistance; medical and dental care not otherwise covered; parent education and training; personal assistance services; recreation services; respite care for families; self advocacy training; service coordination; specialized diagnosis and evaluation; specialized nutrition and clothing; therapeutic or nursing services; transportation; voucher services; and other services as identified by the family.  c. A family is eligible to participate in the system if the family resides in the State; the family member has a developmental disability and is eligible for services from the Division of Developmental Disabilities; and the family meets the income, need and other criteria established by the Commissioner of Human Services. The commissioner shall establish income, need and other criteria to ensure that the expenditures for the system are within the limits of the funds available for the purposes of this act.  d. A family may either receive services from an agency under contract with the department or may exchange a voucher for services of its choice.  L.1993,c.98,s.4.
NJ Rev Stat § 30:6D-37 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-37 - Administration of system

30:6D-37. Administration of system  5. a. The system shall be administered by the Division of Developmental Disabilities in the department, in conjunction with a coordinator working under the direction of the Developmental Disabilities Council who shall be a person qualified by training and experience to perform the duties of his office.  b. The coordinator shall, with input from the family support planning councils established pursuant to section 6 of this act, adopt, review and revise, as needed, a State Family Support Plan which shall:  (1) assess needs, establish goals and set priorities for the provision of family support services for individuals with developmental disabilities; and  (2) provide for outreach and coordinated delivery of family support services.  c. The coordinator shall coordinate efforts by public and private agencies and family support planning councils. Coordination shall include, but not be limited to, identification of services provided by different agencies to avoid duplication; planning with all agencies to insure that gaps in services are filled; and the coordination of administrative support services to each of the local planning councils.  d. The Division of Developmental Disabilities shall develop an agreement with the Developmental Disabilities Council regarding the role and authority of the coordinator.  L.1993,c.98,s.5.
NJ Rev Stat § 30:6D-38 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-38 - Family support planning councils

30:6D-38. Family support planning councils  6. Family support planning councils shall be established on a regional basis and shall work to expand and establish family support services in their region. Family support planning councils shall provide an opportunity for the public to express comments and share concerns and grievances. The councils shall be comprised of no more than 11 members; each of whom shall be either a family member of a person with a developmental disability or a person with a developmental disability. Council members shall serve without compensation beyond reimbursement for reasonable transportation, child care and other costs related to serving on the council. The councils shall monitor the implementation of the system and provide recommendations to the coordinator regarding family support services. Each council shall, at least annually, submit a report, in writing, to the Commissioner of Human Services.  L.1993,c.98,s.6.
NJ Rev Stat § 30:6D-39 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-39 - Allocation of monies, existing rights, entitlements, services not supplanted

30:6D-39. Allocation of monies, existing rights, entitlements, services not supplanted  7. a. No more than 10% of the monies available for the purposes of this act shall be allocated for administration of the system.  b. The department and any publicly funded agency which provides family support services shall assist families in obtaining all other sources of funding before using funds available for the purposes of this act.  c. The services provided pursuant to this act shall not supplant any existing rights, entitlements or services for which the family or individual may be eligible.  L.1993,c.98,s.7.
NJ Rev Stat § 30:6D-40 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-40 - Services considered State benefit

30:6D-40. Services considered State benefit  8. Notwithstanding the provisions of any law to the contrary, the family support services provided pursuant to this act shall be considered a State benefit and shall not be counted as income for the purposes of State taxation or eligibility for other State benefits.  L.1993,c.98,s.8.
NJ Rev Stat § 30:6D-41 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-41 - Rules, regulations

30:6D-41. Rules, regulations  9. The Commissioner of Human Services shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the purposes of this act, including designating the regions for the family support planning councils.  L.1993,c.98,s.9.
NJ Rev Stat § 30:6D-42 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-42 - Preparation, submission of plan to eliminate waiting list

30:6D-42. Preparation, submission of plan to eliminate waiting list  2. a. The Commissioner of Human Services shall prepare and submit a plan to the Governor and the Legislature within 180 days after the effective date of this act to eliminate the current and future Division of Developmental Disabilities' waiting list by the year 2008. b. The plan shall include: 1. Statistical information on the current and projected increase in the waiting list; 2. Financial information on the capital funds necessary to eliminate the current and future waiting list by the year 2008; and 3. Financial information on the amount of additional State, federal and other funds that may be required annually for operating costs associated with eliminating the waiting list by the year 2008. c. In developing the plan, the commissioner shall conduct public hearings and obtain public input from persons with developmental disabilities or their families or guardians and providers of services to the developmental disabilities community. d. The commissioner shall update the statistical and financial data in the plan annually and submit the updated plan to the Governor and the Legislature by December 31 of each year. L.1997,c.17,s.2.
NJ Rev Stat § 30:6D-42.1 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-42.1 - Federal Medicaid waivers for persons with developmental disabilities; application, determination.

30:6D-42.1 Federal Medicaid waivers for persons with developmental disabilities; application, determination.  1. a. The Commissioner of Human Services, in conjunction with the Director of the Division of Developmental Disabilities, shall apply for such Home and Community-Based Services waivers authorized by section 1915(c) of the Social Security Act, 42 U.S.C.1396n(c), as determined appropriate by the commissioner to meet the needs of clients of the division.  b. The commissioner shall report to the chairmen of the Senate Health, Human Services and Senior Citizens Committee and the Assembly Health and Human Services Committee three months after the effective date of this act, and then at three-month intervals until such time as the waiver is approved by the federal government, on the status of the waiver application and the actions taken to date to obtain the waiver. c. The department shall post on its official Internet web site the final determination by the Centers for Medicare and Medicaid Services of the waiver application, and if the waiver is approved, the number of waiver slots available under the waiver, the type of services that will be covered under the waiver, and such other information that the commissioner deems appropriate.  L.2005, c.252, s.1.
NJ Rev Stat § 30:6D-42.2 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-42.2 - Report issued upon approval of waiver; contents, public hearing.

30:6D-42.2 Report issued upon approval of waiver; contents, public hearing.  2. a. Upon approval of the waiver by the federal government, the Commissioner of Human Services, in conjunction with the Director of the Division of Developmental Disabilities, shall issue a report to the chairmen of the Senate Health, Human Services and Senior Citizens Committee and the Assembly Health and Human Services Committee one year after the approval that contains, but is not limited to, the following information: (1) (a) a list of all waiver-eligible services that were provided by the division in the year prior to the date of the waiver application, indicating if any of the services were covered by an existing waiver and, for each service, the average daily cost of the service per consumer, the percentage of the cost that included non-Medicaid reimbursable costs and the number of consumers who received the service and the number who received the service under an existing waiver; (b) the number of individuals who received State-funded-only services; (c) a discussion of any impediments to expanding existing waiver services including, but not limited to, funding and availability of service providers; and (d) the total administrative cost for the division to implement each waiver, and the percentage of that cost for which federal matching funds are available; and (2) for each service under the new waiver, the average daily cost of the service per consumer, the percentage of the cost that includes non-Medicaid reimbursable costs, the number of consumers receiving the service and the number who receive the service under the waiver. b. Each subsequent year, the Commissioner of Human Services, in conjunction with the Director of the Division of Developmental Disabilities, shall issue a report which contains, but is not limited to, updates of the information specified in subsection a. of this section. In addition, the report shall specify the amount of funds that were allocated for each service under the waiver and the proportion that funding represents to the total amount spent for all community-based services.  c. Within 60 days after issuance of each report required by this section, the department shall hold a public hearing, in different regions of the State each year, to encourage community discussion of the division's waivers and the provision of community-based services.  d. The department shall post on its official Internet web site the reports required pursuant to this section. L.2005, c.252, s.2.
NJ Rev Stat § 30:6D-43 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-43 - Short title.

30:6D-43 Short title.  1. This act shall be known and may be cited as the "Division of Developmental Disabilities Community Placement and Services Assessment Act." L.1998,c.40,s.1.
NJ Rev Stat § 30:6D-44 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-44 - Findings, declarations relative to assessment on intermediate care facilities.

30:6D-44 Findings, declarations relative to assessment on intermediate care facilities.  2. The Legislature finds and declares that: a. It is in the public interest to generate revenue to be used by the Division of Developmental Disabilities in the Department of Human Services to reduce the number of disabled persons awaiting placement in a community residence or program; and b. By establishing an appropriate assessment on intermediate care facilities for persons with developmental disabilities, to the extent possible under federal law, additional funding will be available for more placements of disabled persons in community residences or programs. L.1998, c.40, s.2; amended 2010, c.50, s.56.
NJ Rev Stat § 30:6D-45 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-45 - Definitions relative to assessment on immediate care facilities.

30:6D-45 Definitions relative to assessment on immediate care facilities.  3. As used in this act: "Commissioner" means the Commissioner of Human Services. "Gross revenue" means all revenue received by an ICF-DD from patients or third parties, including, but not limited to, persons, Medicaid and other payers related to patient services. "Intermediate care facility for persons with developmental disabilities" or "ICF-DD" means any institution licensed by the Department of Health and Senior Services as an ICF-DD or operated by the Department of Human Services as a certified ICF-DD. "Medicaid" means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.). L.1998, c.40, s.3; amended 2010, c.50, s.57.
NJ Rev Stat § 30:6D-46 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-46 - Payment of annual assessment.

30:6D-46 Payment of annual assessment.  4. a. Beginning July 1, 1998, except as provided in subsection b. of this section, all ICF-MRs in the State shall annually pay an assessment of 5.8% annually of gross revenue. This assessment shall be paid on a quarterly basis to the Director of the Division of Revenue in the Department of the Treasury. The Director of the Division of Revenue, in consultation with the Director of the Division of Taxation in the Department of the Treasury, shall establish appropriate procedures and forms for the purpose of collecting and recording this assessment. The provisions of the State Uniform Tax Procedure Law, R.S.54:48-1 et seq. shall apply to the extent that its provisions, including the confidentiality, protest and appeal provisions, are not inconsistent with the provisions of P.L.1998, c.40 (C.30:6D-43 et seq.). b. For the period January 1, 2008 through September 30, 2011, all ICF-MRs in the State shall annually pay an assessment of 5.3% annually of gross revenue. This assessment shall be paid on a quarterly basis to the Director of the Division of Revenue in the Department of the Treasury. The Director of the Division of Revenue, in consultation with the Director of the Division of Taxation in the Department of the Treasury, shall establish appropriate procedures and forms for the purpose of collecting and recording this assessment. The provisions of the State Uniform Tax Procedure Law, R.S.54:48-1 et seq. shall apply to the extent that its provisions, including the confidentiality, protest and appeal provisions, are not inconsistent with the provisions of P.L.1998, c.40. L.1998, c.40, s.4; amended 2007, c.230.
NJ Rev Stat § 30:6D-47 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-47 - Submission of gross revenue reports.

30:6D-47 Submission of gross revenue reports.  5. An ICF-MR shall submit appropriate gross revenue reports to the Director of the Division of Revenue on a quarterly basis. The Director of the Division of Revenue shall develop procedures, forms and appropriate time lines for an ICF-MR to follow in making its reports. L.1998,c.40,s.5.
NJ Rev Stat § 30:6D-48 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-48 - Failure to pay assessment; penalty.

30:6D-48 Failure to pay assessment; penalty.  6. An ICF-MR that fails to pay the assessment imposed under this act when due, shall be liable to a penalty of 10% on the amount of the underpayment of the assessment. In addition, the ICF-MR shall pay interest at the rate of 6% per month on the amount of the underpayment of the assessment and the interest shall continue to accrue on the unpaid balance of principal assessment due until the date of the actual payment. L.1998,c.40,s.6.
NJ Rev Stat § 30:6D-49 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-49 - Set-off of reimbursement payment.

30:6D-49 Set-off of reimbursement payment.  7. If an ICF-MR fails to pay an assessment for two or more quarters, the Director of the Division of Revenue shall seek to set off so much of the Medicaid reimbursement payment which is due the ICF-MR as is necessary to satisfy the indebtedness. The Director of the Division of Revenue, in consultation with the Director of the Division of Taxation and the Department of Human Services, shall establish procedures and methods to effect the set-off. The Director of the Division of Taxation shall give notice to the ICF-MR and provide the opportunity for a hearing pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), but no request for a hearing or any subsequent appeal shall stay the collection of the indebtedness, nor shall any protest or appeal provided for in section 4 of this act stay such collection. No Medicaid reimbursement payment shall be made to the ICF-MR pending resolution of the indebtedness. Neither the State Treasurer nor any other State agency, official or employee shall be held liable to the ICF-MR for any damages sustained by the ICF-MR resulting from the set-off provided for in this section.  L.1998,c.40,s.7.
NJ Rev Stat § 30:6D-50 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-50 - Assessment considered allowable cost for Medicaid reimbursement.

30:6D-50 Assessment considered allowable cost for Medicaid reimbursement.  8. Excluding any interest and penalty, the assessment imposed by this act shall be considered an allowable cost for Medicaid reimbursement purposes.  L.1998,c.40,s.8.
NJ Rev Stat § 30:6D-51 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-51 - Division of Development Disabilities Community Placement and Services Fund.

30:6D-51 Division of Development Disabilities Community Placement and Services Fund.  9. a. The State Treasurer shall establish the Division of Developmental Disabilities Community Placement and Services Fund in the Department of the Treasury. All monies collected from the assessments set forth in this act shall be deposited in this fund. Subject to appropriation by the Legislature, the monies in this fund shall be transferred to the Department of Human Services in full to be used for reducing the Division of Developmental Disabilities' waiting list, making appropriate community placements and providing support services. The fund shall not be used to supplant appropriations from the General Fund to the Department of Human Services for use in making community placements. b. The State Treasurer shall issue a quarterly report concerning the status of collections to the commissioner. L.1998,c.40,s.9.
NJ Rev Stat § 30:6D-52 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-52 - Portions of act severable.

30:6D-52 Portions of act severable.  10. If any part of this act is found by a court of competent jurisdiction to be invalid, unconstitutional, or otherwise in violation of federal law or regulations, that portion of the act shall be of no force and effect, and all other portions of the act shall be in full force and effect so long as the remaining portion of the act continues to be in compliance with federal law. L.1998,c.40,s.10.
NJ Rev Stat § 30:6D-53 (2021)
2021 New Jersey Revised Statutes|Title 30 - Institutions and Agencies|Section 30:6D-53 - Nullification.

30:6D-53 Nullification.  11. If the federal government alters the law to prohibit the use of provider assessments to generate a matching amount from Medicaid, this act shall be nullified. L.1998,c.40,s.11.