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2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4E-2 - Interagency Task Force on Home Care Services.

30:4E-2 Interagency Task Force on Home Care Services.
2. a. The Commissioner of Human Services shall organize an Interagency Task Force on Home Care Services, hereinafter known as the "task force," which shall consist of the commissioner, the Commissioner of Health, the Commissioner of Insurance, and the Commissioner of Community Affairs, or their designated representatives. The task force shall review and coordinate efforts among departments to develop home health care and homemaker services and shall consult on the propriety and effects of State and Federal home health care and homemaker legislation, rules, and regulations. The task force shall work toward regulatory and legislative change which it feels will promote the utilization of home health care and homemaker services as an alternative to institutional care.
b. The task force shall meet as frequently as its business may require and at least once in each calendar quarter of each year.
c. The task force shall consult on a regular basis with public and private nonprofit, proprietary, and hospital based providers of home health care and homemaker services. The task force shall also consult with service consumers.
L.1980, c.35, s.2; amended 2013, c.253, s.16.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4E-3 - Program for use of home health care and homemaker services

30:4E-3. Program for use of home health care and homemaker services
The Department of Human Services, in consultation with the task force, shall establish a pilot program which provides for the use of home health care and homemaker services as an alternative to nursing home care and other forms of institutional care. The program shall be aimed specifically at eliminating barriers which exist at the State and Federal levels that act to inhibit the use of home health care and homemaker services.
L.1980, c. 35, s. 3, eff. June 12, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4E-4 - Report; recommendations

30:4E-4. Report; recommendations
Six months after the effective date of this act, the Department of Human Services shall report to the chairman of the Senate and Assembly Committees on Institutions, Health and Welfare on its progress in establishing a home health care pilot program. The report may also include recommendations for appropriate legislation, rules, regulations and other actions which would enhance the availability, appropriate utilization, and coordination of home health care and homemaker services in this State.
L.1980, c. 35, s. 4, eff. June 12, 1980.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4E-6 - Findings, declarations

30:4E-6. Findings, declarations
The Legislature finds and declares that:
a. The need to offer care services to the growing number of frail elderly and disabled persons in New Jersey and the benefits derived from the provision of these services are well documented;
b. While State government has responded to the home care needs of the State's elderly and disabled population through the Medicaid Community Care Program for the Elderly and Disabled (CCPED), there remains a substantial number of people whose home care needs have not been met;
c. Many of these frail elderly and disabled people in the "no-care" zone are equipped to impoverish themselves to receive services under Medicaid;
d. The limitations on resources that a person may have to participate in the Medicaid program or the Community Care Program for the Elderly and Disabled are so restrictive as to make many of those in need of home care ineligible for needed services;
e. Many people who need care to remain in their homes do not have the funds to pay privately for the services; and
f. It is therefore necessary to establish a program to extend such services to a greater number of the State's elderly and disabled population.
L. 1988, c. 92, s. 2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4E-8 - Home Care Expansion Program

30:4E-8. Home Care Expansion Program
a. The commissioner shall establish and administer through the Division of Medical Assistance and Health Services in the Department of Human Services a program which shall be known as the Home Care Expansion Program, and which shall be funded with Casino Revenue Fund monies. This program shall incorporate, whenever possible, the features of CCPED, including eligibility criteria, with the exception of Medicaid resource and income limitations.
b. In order to ensure maximum efficiency in the use of State funds and prevent duplication of services, the Home Care Expansion Program shall utilize mechanisms currently in place in the CCPED program.
L. 1988, c. 92, s. 4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4E-9 - Services

30:4E-9. Services
a. Individuals served by the Home Care Expansion Program shall receive a comprehensive assessment of the need for long-term home care services. A case manager shall develop a plan of care. In addition, the case manager shall provide ongoing monitoring of the individual's situation, services and cost of care.
b. The program shall consist of the following services: home health care, medical day care, non-emergency medical transportation, case management, social adult day care, homemaker care and respite care. The commissioner may expand the scope of services by regulation.
c. The commissioner shall determine that the services to be provided are medically necessary and will assist in avoiding institutionalization.
d. The cost of care for each individual shall be limited to an annual amount that is based on a percentage of the cost of nursing home care. The payment for services received by an eligible person under this act shall not exceed a percentage, as established by the commissioner, of the payment for the comparable level of care that the person would receive in a skilled nursing home or intermediate care facility under the Medicaid program pursuant to P.L. 1968, c. 413 (C. 30:4D-1 et seq.).
e. Eligible persons shall share in the cost of services, depending on the amount of their monthly income, in accordance with standards and criteria prescribed by the commissioner.
L. 1988, c. 92, s. 5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4E-10 - Income eligibility

30:4E-10. Income eligibility
Any person who is a resident of this State, with resources within limits set by the commissioner, and is 65 years of age or older and is eligible for Medicare benefits or has other medical insurance which includes physician coverage and hospitalization, and whose annual income is less than $18,000.00 if single, or if married, whose annual income combined with that of his spouse is less than $21,000.00, is eligible for assistance under the program.
Any person under the age of 65 who is determined to be disabled by the Social Security Administration (SSA) or by the Division of Public Welfare, Bureau of Medical Affairs in the Department of Human Services, using SSA criteria, and is eligible for Medicare benefits, or has other medical coverage which includes physician and hospital coverage and who meets the income eligibility requirements of this section, is eligible for assistance under the program.
L. 1988, c. 92, s. 6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4E-11 - Criteria for determining eligibility

30:4E-11. Criteria for determining eligibility
a. The commissioner shall establish criteria for determining medical and financial eligibility, including provisions for submission of proof of income, resources and health insurance, and a system of providing services to eligible persons.
b. The commissioner shall establish resource limits and co-payment schedules to ensure that the expenditures for the program are within the limits of the funds appropriated for the purposes of this act.
L. 1988, c. 92, s. 7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4E-12 - Medicaid recipients

30:4E-12. Medicaid recipients
Notwithstanding any provisions of this act to the contrary, a person eligible for comparable home care services assistance available under Title XIX (Medicaid) of the federal Social Security Act (42 U.S.C. s. 1396 et seq.), but who does not receive the services due to the unavailability of the services in the person's county of residence, is eligible for the services provided pursuant to this act.
A person receiving comparable home care services assistance pursuant to Title XIX of the federal Social Security Act (42 U.S.C. s. 1396 et seq.) is not eligible for the services provided pursuant to this act.
L. 1988, c. 92, s. 8.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4E-13 - Assistance of other agencies

30:4E-13. Assistance of other agencies
The commissioner is entitled to call upon the assistance, or contract for the services of any State, federal, or local agency as may be necessary to implement the provisions of this act.
L. 1988, c. 92, s. 9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4E-14 - Rules, regulations

30:4E-14. Rules, regulations
The commissioner shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) necessary to carry out the purposes of this act.
L. 1988, c. 92, s. 11.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4F-1 - Legislative findings and declarations

30:4F-1. Legislative findings and declarations
The Legislature finds and declares that there is a need to assist families in their care of frail or severely disabled persons and without the availability of occasional relief from the provision of constant care for these persons, placement in a long-term care facility may be necessary; that occasional relief can be provided through a program of respite care; and that in order to initiate and encourage expansion of respite care services and evaluate the need for and the most efficient and effective means of providing the service, it is necessary to establish a respite care demonstration program within the Department of Human Services.
L.1983, c. 284, s. 1; per s.7, expired June 30, 1986.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4F-2 - Definitions

30:4F-2. Definitions
As used in this act:
a. "Care-giver" means the family member or other person who ordinarily provides the daily care for or supervision of a frail or severely disabled adult. The care-giver may, but need not, reside in the same household as the frail or severely disabled adult.
b. "Commissioner" means the Commissioner of the Department of Human Services.
c. "Department" means the Department of Human Services.
d. "Frail or severely disabled adult" means any person over the age of 18 who is unable to attend to his daily needs without the assistance or regular supervision of a care-giver due to a chronic, severe mental or physical impairment.
e. "Respite or respite care" means the provision of infrequent and temporary substitute care for or supervision of a frail or severely disabled adult on behalf of and in the absence of the care-giver, which shall be rendered in the adult's place of residence, for the purpose of providing relief from the stresses or responsibilities concomitant with providing constant care to a frail or severely disabled adult. Respite care may be provided on an hourly, daily or weekly basis but shall not exceed a maximum of 30 consecutive days or 60 days in total in any calendar year.
f. "Sponsor" means a public or private, nonprofit or for profit agency or organization approved by the commissioner which contracts with the department to develop and administer a respite care demonstration project.
L.1983, c. 284, s. 2; per s.7, expired June 30, 1986.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4F-3 - Respite care demonstration projects; program

30:4F-3. Respite care demonstration projects; program
The commissioner shall establish a program of respite care demonstration projects to: encourage the initiation and expansion of respite care throughout the State; evaluate the demand for and current availability of respite care services in the State; and determine the most efficient and effective means for providing respite care services to persons in need of these services.
L.1983, c. 284, s. 3; per s.7, expired June 30, 1986.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4F-4 - Guidelines

30:4F-4. Guidelines
a. The commissioner shall prepare guidelines for respite care demonstration projects which shall include:
(1) Standards for eligibility for respite care services;
(2) Target populations that will be given priority in receiving services;
(3) Standards for financial eligibility of recipients and legally responsible care-givers for State funded respite care services and a sliding fee schedule based on the service recipient's and legally responsible care-giver's ability to pay for respite care services; and
(4) Procedures for reporting on implementation of each demonstration project.
b. The commissioner shall review project proposals submitted by agencies and organizations interested in participating in the program as sponsors, and approve those proposals which best meet the purposes of the respite care demonstration program.
L.1983, c. 284, s. 4; per s.7, expired June 30, 1986.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4F-5 - Report

30:4F-5. Report
The commissioner shall report to the Governor and Legislature no later than six months before the expiration date of this act concerning:
a. The effects of the demonstration program with respect to assessing the demand for and availability of respite care services throughout the State;
b. An assessment of the most efficient and effective method for providing respite care services;
c. The projected costs for establishing a Statewide respite care program; and
d. Recommendations for permanently establishing a Statewide respite care program.
L.1983, c. 284, s. 5; per s.7, expired June 30, 1986.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4F-7 - Findings; declarations

30:4F-7. Findings; declarations
The Legislature finds that there is a clear need to establish a program of respite care to assist families in the care of their elderly and functionally impaired family members. Most functionally impaired adults prefer to be cared for in their homes by family and friends whom they trust and feel comfortable with, and where they can continue to make valuable contributions to family life. Nearly all of the care provided to functionally impaired adults is given by family members who are not compensated for their services. They provide full-time care, often with little help from other family members or the community. This family involvement is a critical element in enabling persons who otherwise might be institutionalized to remain in their own home environment. Without relief and support, however, caregivers may become unable to continue in the caregiving role. The consequence may be unavoidable and irreversible institutionalization of the dependent adult and an added burden on public funds.
The Legislature further finds that there is a compelling need to support caregivers of functionally impaired adults in their efforts to keep the family intact. Providing respite and related services is a major mechanism for this support. Respite serves to relieve some of the daily stresses of caregiving, to improve the quality of life for functionally impaired adults and their caregivers, to maintain the integrity of the family unit, to strengthen personal and social support systems and to deter institutionalization.
The Legislature, therefore, declares that it is the policy of the State to provide a structure for the establishment of respite services which will provide relief and support to family or other unpaid caregivers from the demands of daily care of frail elderly or other functionally impaired adult family members; to encourage families to provide care for functionally impaired dependents at home, and thus offer an alternative to long-term institutional placement; to expand the continuum of supportive services for the functionally impaired and their families; to ensure that respite care and related supportive services are made available on a sliding fee basis to eligible persons not covered under other programs; and to assist families in securing the respite services, including information and peer support, which are necessary for their continued care of a functionally impaired family member.
L. 1987, c. 119, s. 1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4F-9 - Statewide Respite Care Program.

30:4F-9 Statewide Respite Care Program.
3. The commissioner shall establish a Statewide Respite Care Program within the Department of Human Services to be administered by sponsors designated by the commissioner. Allocations of funds for respite services pursuant to P.L.1987, c.119 (C.30:4F-7 et seq.) to each county or region shall be based on its share of the targeted population according to the following formula:
County Allocation = C x (A + B)
__________
(D + E)
where, A equals the county population of persons age 75 years or older; B equals the county population of adults with functional impairments under the age of 75 according to the most recent data available to the commissioner; C equals the annual amount of funds appropriated for the purpose of this act, minus those funds retained for State administration; D equals the State population of persons age 75 years or older; and E equals the State population of adults with functional impairments under the age of 75.
L.1987, c.119, s.3; amended 2017, c.131, s.121.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4F-10 - Eligibility.

30:4F-10 Eligibility.
4. A sponsor shall annually determine the maximum number of eligible persons to be served in each county or region, based upon the service and cost limitations promulgated by the commissioner and the county allocation and other funds which may be available for the purposes of this act, and shall not admit or serve more eligible persons than can be afforded with available resources. Each sponsor shall maintain a waiting list of those eligible persons awaiting receipt of respite care, according to standards promulgated by the commissioner.
Notwithstanding any other provision of law to the contrary, an eligible veteran shall not be found to be ineligible to receive respite care based on the veteran's income or liquid resources if they do not exceed $80,000 for a couple or $60,000 for a single person.
L.1987, c.119, s.4; amended 2015, c.289, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4F-11 - Sources of payment

30:4F-11. Sources of payment
If an eligible person's respite services are covered in whole or in part by another State or federal government program or insurance contract, the government program or insurance carrier shall be the primary payer and the Statewide Respite Care Program shall be the secondary payer. The sponsor shall be responsible for determining all sources of payment, for collecting all co-payments, and for determining eligibility according to standards promulgated by the commissioner.
L. 1987, c. 119, s. 5.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4F-12 - Rules, regulations

30:4F-12. Rules, regulations
6. The commissioner shall promulgate rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act. The rules and regulations shall include, but not be limited to, the following:
a. Standards for eligibility for respite care services;
b. Target populations and situations to be given priority in receiving services;
c. Qualifications and requirements of sponsors and providers;
d. Provider reimbursement and payment levels for respite care services, provided that:
(1) the hourly reimbursement rate for home health aide services, personal care services, and homemaker services, in which the services are provided on a weekday, shall be no less than the hourly State Medicaid fee-for-service reimbursement rate for personal care services, and that the hourly reimbursement rate for home health aide services, personal care services, and homemaker services, in which the services are provided on a weekend or on a State or federal holiday, shall be no less than the amount of the hourly State Medicaid fee-for-service reimbursement rate for personal care services plus $1; and
(2) each eligible person shall receive up to $6,559.63, or a higher amount which the Commissioner of Human Services may approve, of respite services in a calendar year;
e. Service and cost limitations for eligible persons;
f. A sliding scale fee schedule for co-payments; and
g. Procedures for reporting on implementation of the program.
L. 1987, c. 119, s. 6; amended 2023, c.86, s.1.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4F-15 - Allocation of funds

30:4F-15. Allocation of funds
Not more than 10% of the amounts available for the Statewide Respite Care Program shall be used for administrative and staff costs. The cost of recruiting, training, and supervising volunteer companions shall not be construed as administrative costs for the purposes of this act.
L. 1987, c. 119, s. 9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4F-16 - Hourly reimbursement rate, home health aide, personal care, homemaker services; rules, regulations.

30:4F-16 Hourly reimbursement rate, home health aide, personal care, homemaker services; rules, regulations.
3. a. The hourly reimbursement rate for home health aide services, personal care services, and homemaker services provided under the Jersey Assistance for Community Caregiving (JACC) Program, as administered by the Division of Aging Services in the Department of Human Services, in which the services are provided on a weekday, shall be no less than the hourly State Medicaid fee-for-service reimbursement rate for personal care services, and the hourly reimbursement rate for home health aide services, personal care services, and homemaker services provided under the JACC Program, in which the services are provided on a weekend or on a State or federal holiday, shall be no less than the amount of the hourly State Medicaid fee-for-service reimbursement rate for personal care services plus $1.
b. Each applicant determined to be eligible for the JACC Program, pursuant to criteria implemented by the Division of Aging Services, shall receive, in addition to the cost of any monthly case management fee, up to $11,158.56, or a higher amount which the Commissioner of Human Services may approve, of JACC Program services in a calendar year.
c. There shall be appropriated each fiscal year from the General Fund to the Department of Human Services an amount sufficient to carry out the provisions of this section.
d. The commissioner shall promulgate rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this section.
L.2023, c.86, s.3.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-1 - Short title

30:4G-1. Short title
This act shall be known and may be cited as the "Personal Attendant Act."
L. 1985, c. 307, s. 1; per s.14 as amended by 1985, c.524, s.8, expired January 21, 1988.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-2 - Definitions

30:4G-2. Definitions
For the purposes of this act:
a. "Chronic physical disability" means a severe impairment of a permanent nature which so restricts a person's ability to perform essential activities of daily living that the person needs assistance in order to maintain the person's independence and health.
b. "Commissioner" means the Commissioner of the Department of Human Services.
c. "Department" means the State Department of Human Services.
d. "Personal attendant" means a person who meets the qualifications regarding training, equivalent work experience or certification in the home health field, established by the commissioner and who provides personal attendant services to an eligible person.
e. "Personal attendant services" means health and chore related tasks performed by a personal attendant and, if necessary, under the supervision of a registered professional nurse. Personal attendant services include, but are not limited to, assistance in: essential daily activities such as bathing, dressing and meal preparation; assistance with mobility, laundry and shopping; and driving or transportation.
L. 1985, c. 307, s. 2. Amended by L. 1985, c. 524, s. 1, eff. Jan. 21, 1986; per s.14 as amended by 1985, c.524, s.8, expired January 21, 1988.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-3 - Personal attendant demonstration program

30:4G-3. Personal attendant demonstration program
The Commissioner of Human Services shall establish a personal attendant demonstration program in the Department of Human Services to be administered by agencies designated by the commissioner. The program shall provide adults with chronic physical disabilities with regular help in carrying out routine nonmedical tasks that are directly related to maintaining their health and independence. The program will lessen the need for institutional care and thereby enable these persons to remain in their homes and communities and to be employed or to receive training or education geared toward employment.
L. 1985, c. 307, s. 3. Amended by L. 1985, c. 524, s. 2, eff. Jan. 21, 1986; per s.14 as amended by 1985, c.524, s.8, expired January 21, 1988.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-4 - Eligibility

30:4G-4. Eligibility
A person with a chronic physical disability who is between 18 and 65 years of age and is a resident of this State is eligible for the personal attendant program if:
a. The person is in need of personal attendant services pursuant to a written plan of personal attendant services prepared by a social worker or a registered professional nurse in collaboration with the person who shall receive the services;
b. A relative or other informal care-giver is not available or not appropriate to provide the needed services;
c. The person lives in a private home or apartment, rooming or boarding house or residential health care facility, and the personal attendant services the person shall receive are supplemental to and not duplicative of the services provided pursuant to the licensure requirements, if any, of the facility in which the person lives;
d. The attending physician has confirmed in writing that the person is self-directing and requires no assistance in the coordination of therapeutic regimes, and that the personal attendant services will be adequate and appropriate to meet his needs; and
e. The person requires not less than 10 hours or not more than 40 hours of personal attendant services per week.
L. 1985, c. 307, s. 4. Amended by L. 1985, c. 524, s. 3, eff. Jan. 21, 1986; per s.14 as amended by 1985, c.524, s.8, expired January 21, 1988.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-5 - Implementation by counties

30:4G-5. Implementation by counties
a. The personal attendant demonstration program shall be implemented in those counties which have established county offices for the handicapped as of January 1, 1985, which counties are:
Atlantic Middlesex
Bergen Monmouth
Cumberland Union
Essex Ocean and
Mercer Passaic
b. Each county office for the handicapped or other agency designated by the commissioner is authorized to establish and maintain a personal attendant services caseload of chronically physically disabled persons, which, in total, shall not exceed 200 for those counties, pursuant to this act.
L. 1985, c. 307, s. 5. Amended by L. 1985, c. 524, s. 4, eff. Jan. 21, 1986; per s.14 as amended by 1985, c.524, s.8, expired January 21, 1988.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-6 - Evaluation, services plan

30:4G-6. Evaluation, services plan
a. Within 30 days after a person has applied for services under the personal attendant program, a member of the staff of the county office for the handicapped or other agency designated by the commissioner in the county in which the applicant resides shall perform a social evaluation of the applicant to determine if the applicant meets the eligibility criteria pursuant to section 4 of this act, and a financial evaluation to determine ability to pay for personal attendant services in accordance with section 8 of P.L. 1985, c. 307 (C. 30:4G-8). The county office for the handicapped or other agency designated by the commissioner shall provide the applicant with written notification about the findings of the evaluation.
b. If the applicant is eligible, a social worker or registered professional nurse, who is designated by the director of the county office for the handicapped or other agency designated by the commissioner, shall prepare a personal attendant services plan designed to meet the applicant's specific social, health and personal care needs, using the evaluation as a basis for the plan. The social worker or registered professional nurse shall prepare the plan with the participation of the applicant.
c. The plan shall include a list of personal attendant services that shall be provided pursuant to the plan; an estimate of the frequency and duration of the services; an estimate of the total cost of the plan; and a statement of the percentage or amount of money an eligible person or an eligible person's spouse is required to contribute toward the cost of services provided under the plan, pursuant to section 8 of this act. The social worker or registered professional nurse shall revise the plan as frequently as necessary, but shall perform a comprehensive reassessment of the eligible person annually.
d. The plan shall not be implemented until the eligible person approves the plan in writing.
e. If a dispute arises between the eligible person and the county office for the handicapped or other agency designated by the commissioner with regard to eligibility for services or the personal attendant services plan, the applicant may request a hearing that shall be conducted pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.).
f. The evaluation and services plan shall be completed on forms prescribed by the commissioner.
L. 1985, c. 307, s. 6. Amended by L. 1985, c. 524, s. 5, eff. Jan. 21, 1986; per s.14 as amended by 1985, c.524, s.8, expired January 21, 1988.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-7 - Contracts; fee schedules

30:4G-7. Contracts; fee schedules
a. A county office for the handicapped or other agency designated by the commissioner may contract with other services providers, including private individuals, for personal attendant services provided pursuant to this act. The contracting shall be pursuant to the regulations promulgated by the commissioner.
b. The commissioner shall establish a fee schedule for payments or reimbursements to personal care services providers.
L. 1985, c. 307, s. 7; per s.14 as amended by 1985, c.524, s.8, expired January 21, 1988.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-8 - Sliding fee scale

30:4G-8. Sliding fee scale
a. The commissioner shall establish a sliding fee scale based on the eligible person's or the eligible person's spouse's ability to pay for personal attendant services; except that no eligible person or eligible person's spouse shall have to pay more than 75% of the cost of the personal attendant services provided pursuant to this act.
b. The sliding fee scale shall apply only to those eligible persons and their spouses whose annual gross income exceeds the State's current applicable income eligibility level for social services established pursuant to the Social Services Block Grant Act, Pub. L. 97-35 (42 U.S.C. s. 1397 et seq.).
c. If an eligible person's personal attendant services costs are covered in whole or in part by any other State or Federal government program or insurance contract, the government program or insurance carrier shall be the primary payer and the personal attendant program shall be the secondary payer.
d. The eligible person receiving services shall sign weekly vouchers attesting to the hours of services rendered. The personal attendant shall then be paid by the county office for the handicapped or other agency designated by the commissioner.
L. 1985, c. 307, s. 8. Amended by L. 1985, c. 524, s. 6, eff. Jan. 21, 1986; per s.14 as amended by 1985, c.524, s.8, expired January 21, 1988.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-9 - Administrative expense limit

30:4G-9. Administrative expense limit
The department shall not use more than 15% of the amounts appropriated for the personal attendant program for administrative and staff costs.
L. 1985, c. 307, s. 9; per s.14 as amended by 1985, c.524, s.8, expired January 21, 1988.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-10 - Advisory Council on Personal Attendant Services.

30:4G-10 Advisory Council on Personal Attendant Services.
10. a. There is established in the department an Advisory Council on Personal Attendant Services which consists of 19 members as follows: the Director of the Division of Child Protection and Permanency in the Department of Children and Families, the Director of the Division of Aging Services, the Director of the Division of Developmental Disabilities, and the Director of the Division of Medical Assistance and Health Services in the Department of Human Services, the Director of the Division of Veterans' Services in the Department of Military and Veterans' Affairs, and the Director of the Division of Vocational Rehabilitation Services in the Department of Labor and Workforce Development, or their designees, who shall serve ex officio, and 13 members appointed by the commissioner who are residents of this State, one of whom is a member of the New Jersey Association of County Representatives of Disabled Persons, four of whom represent providers of personal attendant services, five of whom represent consumers of personal attendant services and three of whom represent advocacy groups or agencies for the physically disabled.
A vacancy in the membership of the council shall be filled in the same manner as the original appointment.
The members of the council shall serve without compensation, but the department shall reimburse the members for the reasonable expenses incurred in the performance of their duties.
b. The council shall hold an organizational meeting within 30 days after the appointment of its members. The members of the council shall elect from among them a chairperson, who shall be the chief executive officer of the council and the members shall elect a secretary, who need not be a member of the council.
c. The council shall:
(1) Advise the commissioner on matters pertaining to personal attendant services and the development of the personal attendant program, upon the request of the commissioner;
(2) Review the rules and regulations promulgated for the implementation of the personal attendant program and make recommendations to the commissioner, as appropriate;
(3) Evaluate the effectiveness of the personal attendant program in achieving the purposes of this act; and
(4) Assess the Statewide need for personal attendant services and the projected cost for providing these services Statewide.
L.1985, c.307, s.10; amended 1985, c.524, s.7; 2006, c.47, s.160; 2012, c.16, s.116; 2012, c.17, s.395.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-11 - Report

30:4G-11. Report
The commissioner shall report to the Governor and the Legislature one year from the date of enactment of this act concerning:
a. The effects of the demonstration program on enabling persons with chronic physical disabilities to remain in their homes and communities and to be employed or receive training or education geared toward employment;
b. An assessment of the most efficient and effective method for providing personal attendant services;
c. The projected costs for establishing a Statewide personal attendant program; and
d. Recommendations for permanently establishing a Statewide personal attendant program.
L. 1985, c. 307, s. 11; per s.14 as amended by 1985, c.524, s.8, expired January 21, 1988.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-12 - Rules, regulations

30:4G-12. Rules, regulations
The commissioner shall adopt rules and regulations necessary to carry out the provisions of this act pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.).
L. 1985, c. 307, s. 12; per s.14 as amended by 1985, c.524, s.8, expired January 21, 1988.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-15 - Personal assistance services program.

30:4G-15 Personal assistance services program.
3. There is established a personal assistance services program in the Division of Disability Services in the Department of Human Services, to be administered by county designated agencies in each of the 21 counties. The program, within the limits of funds appropriated or otherwise made available to it, shall assist adults with permanent physical disabilities in the performance of routine, nonmedical tasks that are directly related to maintaining their health and independence, in order to enable these persons to be employed or receive training or education related to employment, parenting, or volunteering, or to support community-based independent living. The program shall seek to promote the greatest possible degree of self-control and self-direction on the part of each recipient of services.
L.1987, c.350, s.3; amended 1993, c.215, s.3; 1999, c.91, s.7; 2009, c.160, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-16 - Eligibility.

30:4G-16 Eligibility.
4. A person is eligible for the personal assistance services program if:
a. The person has a permanent physical disability;
b. The person is 18 years of age or older;
c. The person is a resident of this State;
d. The person is in need of personal assistance services pursuant to a written plan of service;
e. The person is capable of managing and supervising their personal assistance services;
f. A relative or other informal caregiver is not available to provide the services that the person needs;
g. The person lives or plans to live in a private house or apartment, rooming or boarding house, group home, educational facility or residential health care facility; and the personal assistance services that the person shall receive are supplemental to, and not duplicative of, services provided to the person in the rooming or boarding house, group home, educational facility or residential health care facility pursuant to licensure requirements. A person who resides, or is a patient, in a nursing, assisted living, or intermediate care facility, special hospital or other inpatient medical setting is not eligible for the personal assistance services program;
h. The attending physician of the person who shall receive the personal assistance services has confirmed in writing that the person has a permanent physical disability, requires no assistance in the coordination of therapeutic regimes, and that the personal assistance services will be appropriate to meet the person's needs; and
i. The person receives no more than 40 hours of personal assistance services from this program or any other program per week. The commissioner shall develop rules for individual exceptions to this requirement.
j. The commissioner shall develop rules for individual exceptions to the age criteria.
L.1987, c.350, s.4; amended 1993, c.215, s.4; 2009, c.160, s.3; 2021, c.344, s.2.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-16.1 - Personal assistance consumer bill of rights.

30:4G-16.1 Personal assistance consumer bill of rights.
10. There is established a personal assistance consumer bill of rights. Each consumer, and, as appropriate, each applicant:
a. Shall be treated with courtesy, respect, and full recognition of one's dignity, individuality, and right to control one's own household and lifestyle, including the identification and determination of one's own needs, schedules and the services necessary to meet these needs;
b. Shall be served by personal assistants or vendors who are properly trained and competent to perform their duties;
c. Shall receive services in compliance with all State laws and regulations without discrimination based on race, religion, gender, age, creed or disability in the provision or quality of services;
d. Shall be free from mental and physical abuse, neglect and exploitation, and shall be free from chemical and physical restraints;
e. Shall be accorded privacy while receiving services in communications and in all daily activities;
f. Shall be accorded respect for one's property rights;
g. Shall have one's personal, financial and medical records treated as confidential;
h. Shall be free to fully exercise one's civil and due process rights and to be assisted by a personal assistant or vendors as appropriate and necessary;
i. Shall receive in a timely manner all decisions regarding eligibility and amount and kind of services and the reasons therefor in writing and, if appropriate, orally, along with administrative hearings and appeals procedures;
j. Shall have access to a fair appeals process through which disputes can be resolved;
k. Shall receive written information regarding consumer standards and responsibilities in the personal assistance services program and to have them verbally explained as needed;
l. Shall have as few personal assistants entering one's home as possible;
m. Shall have the right to interview, screen and select one's personal assistant; and
n. Shall dismiss those personal assistants who do not respect consumer rights.
L.1993, c.215, s.10; amended 2009, c.160, s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-18 - Fee schedule.

30:4G-18 Fee schedule.
6. a. (Deleted by amendment, P.L.2009, c.160)
b. The commissioner shall establish a fee schedule for payments or reimbursements to providers of personal assistance services. The fee schedule shall be reviewed every two years and recommendations shall be made to the commissioner by the Statewide Consumer Advisory Council on Personal Assistance Services.
L.1987, c.350, s.6; amended 1993, c.215, s.6; 2009, c.160, s.6.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-19 - Sliding fee scale.

30:4G-19 Sliding fee scale.
7. a. The commissioner shall establish a sliding fee scale for personal assistance services based upon the ability of an eligible person to pay for those services. The sliding fee scale shall apply only to an eligible person whose individual annual gross income is equal to or exceeds 350% of the federal poverty level. Any eligible person whose annual gross income is less than 350% of the federal poverty level shall not be required to pay for personal assistance services.
b. If the costs of an eligible person's personal assistance services are covered in whole or in part by another State or federal government program or insurance contract, the government program or insurance carrier shall be the primary payer and the personal assistance services program shall be the secondary payer.
c. The eligible person receiving personal assistance services and the personal assistant shall sign time sheets attesting to the hours of service rendered, and the personal assistant shall then be paid through the fiscal intermediary service organization.
L.1987, c.350, s.7; amended 1993, c.215, s.7; 2009, c.160, s.7.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-21 - Rules, regulations

30:4G-21. Rules, regulations
The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C. 52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
L. 1987,c.350, s.9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4G-22 - Direct contract with provider.

30:4G-22 Direct contract with provider.
9. A consumer shall be free to contract directly with a provider of the consumer's choice, including a vendor providing services on the effective date of P.L.2009, c.160 if the vendor so agrees.
L.2009, c.160, s.9.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4J-4.1 - Non-participating hospital, payment for emergency treatment for NJ FamilyCare enrollee.

30:4J-4.1 Non-participating hospital, payment for emergency treatment for NJ FamilyCare enrollee.
4. a. A non-participating hospital that provides emergency health care services to an enrollee in NJ FamilyCare who is enrolled in a managed care plan shall accept, as payment in full, the amount that the non-participating hospital would otherwise receive from the Medicaid program for the emergency services and any related hospitalization if the recipient were a participant in fee-for-service Medicaid.
b. As used in this section, "contractor" and "non-participating hospital" have the same meaning as provided in section 2 of P.L.2004, c.103 (C.30:4D-6h).
L.2004,c.103,s.4.
2023 New Jersey Revised Statutes › Title 30 - Institutions and Agencies › Section 30:4J-7 - Eligibility for Family Care Health Coverage Program, women, certain.

30:4J-7 Eligibility for Family Care Health Coverage Program, women, certain.
30. Within the limits of funds appropriated pursuant to section 27 of P.L.2004, c.17 (C.17:30D-29) and such other funds as may be available for this purpose, the FamilyCare Health Coverage Program established pursuant to P.L.2000, c.71 (C.30:4J-1 et seq.) shall enroll into the program women whose eligibility under the Medicaid New Jersey Care pregnant women program or the "New Jersey Standardized Parent Service Package," Demonstration Population 3, Medicaid expansion for uninsured pregnant woman, has expired and whose family income does not exceed 100% of the federal poverty level.
The Commissioner of Human Services shall establish a presumptive eligibility process to provide for an efficient transition into the FamilyCare Health Coverage Program from the Medicaid program pursuant to this section.
L.2004,c.17,s.30.