reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 3 - CRIMINAL RECORD BACKGROUND CHECK › Section 8:43B-3.6 - Change in AFC caregiver and non-client adult resident of AFC home

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If there is a change
				in an AFC caregiver as listed on the initial application or the addition of a
				non-client adult resident to an AFC home, the AFC caregiver shall notify the AFC
				sponsor agency with which the AFC caregiver contracts, 30 days prior to the change,
				as well as written notice to the Department.
(b) If prior notice is not possible due to
				emergent circumstances, the caregiver shall notify the sponsor agency within five
				calendar days of the change.
(c) Each
				new AFC caregiver and non-client adult resident of an AFC home must comply with the
				criminal record background check requirements in this subchapter.
(d) If a new AFC caregiver or non-client adult
				resident is disqualified as a result of a criminal record background check, the AFC
				caregiver shall have the right to remedy, as set forth in this chapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 4 - AFC CAREGIVERS › Section 8:43B-4.1 - Qualifications of AFC caregiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To qualify
				as an AFC caregiver, an applicant shall:
1. Have
				clearance from the criminal record background check conducted in accordance with
				N.J.A.C.
				8:43B-3;
2. Be at least 21 years of age;
3. Have successfully completed an orientation to
				AFC by the AFC sponsor agency with which the applicant contracts;
4. Be physically, emotionally, and mentally
				capable of complying with the requirements of the AFC program and providing
				appropriate care to a client, as confirmed, in writing, by the applicant's health
				care professional following an examination performed with the objective of
				determining general health status;
5.
				Have adequate oral and written communication skills;
6. Provide proof of home ownership or a lease
				agreement for the home that the applicant plans to use as the AFC home, and
				full-time residency in that home;
7.
				Provide proof of having resided in the municipality in which the proposed AFC home
				is located for at least one year immediately preceding the date of the application
				for initial licensure;
8. Provide proof
				of homeowner's insurance or renter's insurance;
9. Provide a copy of a contract with an AFC
				sponsor agency;
10. Provide proof that
				all vehicles that the applicant plans to use to transport clients comply with all
				applicable safety and licensing rules established by the New Jersey Motor Vehicle
				Commission; and
11. Meet at least one of
				the following conditions:
i. The applicant
				successfully completes the required caregiver training program, as required at
				N.J.A.C.
				8:43B-4.3 and offered by the AFC sponsor agency
				covering the subject matter set forth at N.J.A.C. 8:43B Appendix A, incorporated
				herein by reference, with which the applicant contracts;
ii. The applicant has a certificate as a nurse
				aide in long-term care and is registered in good standing on the New Jersey Nurse
				Aide Registry, as set forth at
				N.J.A.C.
				8:39-43.2, Requirements for nurse aide
				certification;
iii. The applicant has a
				certificate as a New Jersey homemaker/home health aide that is in good
				standing;
iv. The applicant is a
				registered professional nurse; or
v. The
				applicant is a licensed practical nurse.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 4 - AFC CAREGIVERS › Section 8:43B-4.2 - Qualifications of substitute AFC caregiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To
				qualify as a substitute caregiver in the AFC program, an applicant shall:
1. Have clearance from the criminal record
				background check conducted in accordance with
				N.J.A.C.
				8:43B-3;
2. Be at least 18 years of age;
3. Have adequate oral and written communication
				skills; and
4. Be physically,
				emotionally, and mentally capable of providing appropriate care to a
				client.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 4 - AFC CAREGIVERS › Section 8:43B-4.3 - AFC caregiver training program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC
				sponsor agency shall ensure and document that each applicant for licensure as an AFC
				caregiver or substitute AFC caregiver successfully completes the training program
				and is competent to serve as a caregiver.
(b) The training program shall be developed by the
				AFC sponsor agency and shall be provided to AFC caregivers and prospective AFC
				caregivers under the direction of a registered professional nurse. The curriculum of
				the training course shall include, at a minimum, the subjects identified at N.J.A.C.
				8:43B Appendix A, incorporated herein by reference.
(c) Any caregivers who administer medication to
				clients shall do so in accordance with
				N.J.A.C.
				8:43B-8.1(b)3.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 5 - GENERAL REQUIREMENTS FOR CAREGIVERS › Section 8:43B-5.1 - Compliance with laws and rules

Current through Register Vol. 56, No. 14, July 15, 2024
The caregiver shall comly with all applicable Federal, State, and
				  local laws, rules, and regulations.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 5 - GENERAL REQUIREMENTS FOR CAREGIVERS › Section 8:43B-5.2 - Provision of services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each caregiver shall
				fulfill the following responsibilities:
1. Provide
				supervision and assistance with ADLs, as specified in a client service
				plan;
2. Provide homemaking and personal
				care essential to a client's comfort at home, including three nutritionally balanced
				meals daily, laundry, shopping, obtaining prescription medications and refills as
				prescribed, cleaning, and general housekeeping in the client's bedroom, bathroom,
				and areas of socialization;
3. Ensure
				that transportation is provided for clients as needed, either directly or by
				arrangement;
4. Ensure that the client
				wears clothing appropriate for the weather;
5. Obtain prompt medical care if the client
				becomes ill or requests the caregiver to schedule a medical appointment;
				and
6. Notify the client's care manager
				and client's representative if there is a significant change in the client's
				condition or if the client's service plan cannot be met due to changes or unexpected
				circumstances.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 5 - GENERAL REQUIREMENTS FOR CAREGIVERS › Section 8:43B-5.3 - Notice to clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The AFC caregiver
				shall inform all clients that the following information is available for review by
				clients, prospective clients, and the client's legal representative:
1. All waivers granted by the Department;
				and
2. A copy of the inspection report
				and a list of deficiencies, if applicable, from the last annual licensure inspection
				and any substantiated complaint investigation during the past 12 months.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 6 - GENERAL REQUIREMENTS FOR AFC SPONSOR AGENCY › Section 8:43B-6.1 - Compliance with laws and rules

Current through Register Vol. 56, No. 14, July 15, 2024
The AFC sponsor agency shall comly with all applicable Federal,
				  State, and local laws, rules, and regulations.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 6 - GENERAL REQUIREMENTS FOR AFC SPONSOR AGENCY › Section 8:43B-6.2 - Ownership and location of AFC sponsor agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC sponsor agency shall notify the
				Department, in writing, of any proposed relocation of its offices at least 60 days
				prior to the change.
(b) The ownership
				and governance of an AFC sponsor agency shall be disclosed to the Department in an
				applicant's initial application for licensure as an AFC sponsor agency.
(c) Prior to transferring ownership of an AFC
				sponsor agency, a prospective new owner shall submit to the Department the transfer
				of ownership fee in the amount of $ 500.00 and an application for change of
				ownership comprising the following:
1. A cover
				letter stating the applicant's intention to purchase the AFC sponsor agency,
				specifically identifying the AFC sponsor agency by name, address, and
				county;
2. A description of the proposed
				transaction, including:
i. Identification of the
				current owners of the AFC sponsor agency;
ii. Identification of the proposed new owners,
				including the names and addresses of all principals with at least a 10 percent
				interest or, for non-profit entities, the names and addresses of the members of the
				Board; and
iii. If applicable, a copy of
				the applicant's organizational chart that describes the parent corporations and
				wholly owned subsidiaries of the applicant;
3. A copy of the agreement of sale and, if
				applicable, a copy of any lease and management agreements; and
4. Disclosure of any licensed health care
				facilities in any state that the proposed owner or any of the principals owns,
				operates, or manages; and letters from the regulatory agencies in each respective
				state having jurisdiction over a facility, verifying that, during the 12 months
				immediately preceding the date of the application, the facilities have operated in
				substantial compliance and had no enforcement actions imposed.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 6 - GENERAL REQUIREMENTS FOR AFC SPONSOR AGENCY › Section 8:43B-6.3 - Submission of documents and data

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				request of the Department, an AFC sponsor agency shall submit any documents that are
				required by this chapter to be maintained and shall submit data related to the
				utilization, demographics, costs, charges, staffing, and other planning and
				financial data necessary to evaluate the quality of the AFC program.
(b) An AFC sponsor agency shall maintain an
				ongoing registry of the names and addresses of all AFC caregivers with which it
				contracts and the names of all clients residing within each AFC caregiver's home in
				accordance with the following standards:
1. The
				registry shall be kept up to date at all times;
2. Placements, transfers, discharges, and the
				destination shall be recorded within 48 hours of the event;
3. All entries shall be clear, legible, written in
				ink or typed, and signed or initialed by the author; and
4. The AFC sponsor agency shall transmit a copy of
				the registry to the Department at the address provided at
				N.J.A.C.
				8:43B-1.2 every quarter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 6 - GENERAL REQUIREMENTS FOR AFC SPONSOR AGENCY › Section 8:43B-6.4 - Policy and procedure manual

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each AFC sponsor
				agency shall:
1. Develop and implement a policy
				and procedure manual for the organization and operation of its AFC
				program;
2. Review the manual at
				intervals specified in the manual and document each review; and
3. Make the manual available at the AFC sponsor
				agency's office at all times for review by the Department.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 6 - GENERAL REQUIREMENTS FOR AFC SPONSOR AGENCY › Section 8:43B-6.5 - Evaluation of AFC caregivers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC sponsor
				agency shall interview and evaluate prospective AFC caregivers to determine the
				appropriateness of the prospective AFC caregiver to care for a client in the AFC
				caregiver's home, and ensure that prospective AFC caregivers meet the requirements
				outlined at N.J.A.C. 8:43B-4.1.
(b) The AFC sponsor agency's evaluation process
				shall include, but not be limited to, the following:
1. Conducting an initial interview with the
				prospective AFC caregiver and all residents of the prospective AFC caregiver's
				household;
2. Obtaining personal and
				employment references; and
3. Evaluating
				the safety and appropriateness of the home as an AFC home.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 6 - GENERAL REQUIREMENTS FOR AFC SPONSOR AGENCY › Section 8:43B-6.6 - Acceptance of clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The administrator of
				an AFC sponsor agency, or a designated staff person, shall meet with the client and,
				if available, the client's family or legal guardian, prior to placement of the
				client in an AFC home.
1. The information provided
				to the client during this meeting shall include, at a minimum, orientation to the
				policies and procedures of the AFC program, services provided, client rights and
				responsibilities, and a fee schedule for services.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 6 - GENERAL REQUIREMENTS FOR AFC SPONSOR AGENCY › Section 8:43B-6.7 - Residency agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC sponsor
				agency shall enter into a written residency agreement with each AFC caregiver and
				client.
1. The residency agreement shall be signed
				by the AFC sponsor agency, the AFC caregiver, and the client or client
				representative. The client or client representative shall receive a copy of the
				residency agreement prior to placement in the AFC home.
2. The residency agreement shall specify each
				party's rights and responsibilities, the services to be provided, and the payment
				arrangements and charges.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 6 - GENERAL REQUIREMENTS FOR AFC SPONSOR AGENCY › Section 8:43B-6.8 - Managed risk agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The choice and
				independence of action of a client may need to be limited when the client's
				individual choice, preference, or action places the client or others at risk, leads
				to an adverse outcome, or violates the norms of the AFC home, AFC program, or the
				majority of the residents.
(b) If a
				client assessment process at
				N.J.A.C.
				8:43B-8.2(a)2  indicates that
				there is a high probability that a choice or action of the client has resulted or
				will result in any of the conditions at (a) above, the AFC caregiver shall:
1. Identify the specific causes for
				concern;
2. Provide clear,
				understandable information about the possible consequences of the client's choice,
				preference, or action to the client and, if the client agrees, the client's family
				or client representative;
3. Seek to
				negotiate a managed risk agreement with the client or client representative and the
				AFC caregiver that will minimize the possible risk and adverse consequences of the
				client's choice, preference, or action while still respecting the client's
				preferences; and
4. Document the process
				of negotiation and, if no agreement can be reached, the lack of agreement, and the
				decisions of the parties involved.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 6 - GENERAL REQUIREMENTS FOR AFC SPONSOR AGENCY › Section 8:43B-6.9 - Personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC sponsor
				agency shall ensure that the duties and responsibilities of its staff and all AFC
				caregivers are delineated in job descriptions and the policies and procedures
				manuals.
(b) All AFC sponsor agency
				staff providing client care shall be licensed, certified, or authorized under the
				applicable laws or rules of the State of New Jersey to provide such care.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 6 - GENERAL REQUIREMENTS FOR AFC SPONSOR AGENCY › Section 8:43B-6.10 - AFC caregiver and employee health status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				AFC caregivers and all employees of an AFC sponsor agency providing direct care to
				clients shall receive an initial health evaluation by a health care professional
				that includes a documented medical history.
(b) An AFC sponsor agency shall establish a policy
				and procedure addressing the content and frequency of health evaluations subsequent
				to the initial health evaluation required at (a) above, and policies and procedures
				addressing precautionary measures to prevent the transmission of communicable
				diseases (as that term is defined at
				N.J.A.C.
				8:57-1.3) to clients.
(c) Subject to (d) below, an AFC sponsor agency
				shall ensure that, prior to the placement of a client in an AFC home, and annually
				thereafter, all AFC caregivers, residents of the AFC home, and employees of an AFC
				sponsor agency providing direct care to clients shall receive either an
				Interferon-Gamma Release Assay (IGRA) or a two-step Mantoux tuberculin skin test
				with five tuberculin units of purified protein derivative.
(d) The following are exempt from the requirement
				at (c) above:
1. Individuals with documented
				negative IGRA or negative Mantoux skin test results (zero to nine millimeters of
				induration) within the last year;
2.
				Individuals with documented positive IGRA or positive Mantoux skin test results (10
				or more millimeters of induration) who have received appropriate medical treatment
				for tuberculosis; or
3. Individuals for
				whom IGRA and Mantoux skin tests are medically contraindicated.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 6 - GENERAL REQUIREMENTS FOR AFC SPONSOR AGENCY › Section 8:43B-6.11 - Reporting events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC sponsor
				agency shall notify the following of the occurrence of any event jeopardizing the
				health or safety of clients or caregivers:
1. The
				Department immediately by telephone, at (800) 792-9770 or (609) 392-2020 after
				business hours, followed within 72 hours by written confirmation; and
2. The Office of the State Long-Term Care
				Ombudsman at (877) 582-6995.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 6 - GENERAL REQUIREMENTS FOR AFC SPONSOR AGENCY › Section 8:43B-6.12 - Termination of contract with a caregiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				AFC sponsor agency shall have written policies and procedures addressing the
				termination of its contract with an AFC caregiver due to conduct jeopardizing the
				health or safety of a client, shall review these policies and procedures annually,
				and shall revise them, as needed.
(b)
				The policies and procedures for termination of a contract with an AFC caregiver
				based on conduct shall include, at a minimum:
1.
				Identification of the grounds for termination, which may include:
i. Failure to provide care in accordance with this
				chapter and with the policies and procedures of the AFC sponsor agency, including,
				but not limited to, abuse or neglect of the client;
ii. Violation of a client's rights;
iii. Misappropriation of a client's personal funds
				or property; and
iv. Failure to maintain
				eligibility requirements, as specified at
				N.J.A.C.
				8:43B-4.1; and
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 6 - GENERAL REQUIREMENTS FOR AFC SPONSOR AGENCY › Section 8:43B-6.13 - Notice to clients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC sponsor
				agency shall inform all clients that the following information is available in the
				AFC sponsor agency's office during business hours:
1. All waivers granted by the
				Department;
2. A copy of the survey
				report and a list of deficiencies, if applicable, from the last annual licensure
				inspection and any substantiated complaint investigation during the past 12 months;
				and
3. The business hours of the AFC
				sponsor agency.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 7 - AFC SPONSOR AGENCY ADMINISTRATION › Section 8:43B-7.1 - Appointment of AFC program administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC
				sponsor agency shall:
1. Appoint an AFC program
				administrator who is to be responsible for all aspects of the AFC program;
				and
2. Designate, in writing, an
				employee to act in the absence of the AFC program administrator.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 7 - AFC SPONSOR AGENCY ADMINISTRATION › Section 8:43B-7.2 - Responsibilities of AFC program administrator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				AFC program administrator is responsible for:
1.
				Planning and administration of the managerial, operational, fiscal, and reporting
				components of an AFC sponsor agency's AFC program;
2. Establishing and maintaining liaison
				relationships, communication, and integration with AFC caregivers, clients, and
				clients' families, in accordance with the philosophy and objectives of the AFC
				program; and
3. Ensuring the
				development, implementation, and enforcement of all policies and procedures,
				including client rights.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 7 - AFC SPONSOR AGENCY ADMINISTRATION › Section 8:43B-7.3 - Nursing staff qualifications, availability, and responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC sponsor agency shall designate a
				registered professional nurse to be responsible for the direction and quality of
				nursing services provided to clients.
(b) The registered professional nurse designated
				pursuant to (a) above shall have at least one year of experience working with older
				persons or persons with physical disabilities in the community or in an
				institutional setting.
(c) An AFC
				sponsor agency shall have at least one registered professional nurse, with the
				minimum experience identified at (b) above, who is available at all times, on-call,
				and capable of being reached by telephone.
(d) The responsibilities of the registered
				professional nurse, identified at (a) above, shall include, but are not limited to:
1. Developing nursing practice policies and
				procedures;
2. Performing nursing
				assessments of each client and preparing a health care component in the client
				service plan, if indicated;
3.
				Coordinating the provision of all health care services specified in the client
				service plan developed for each client;
4. Participating in the initial training and
				ongoing training of the AFC caregiver; and
5. Providing training for supervision and
				assistance with self-administration of medication, or medication administration, in
				accordance with N.J.A.C.
				8:43B-8.1(b)3.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 7 - AFC SPONSOR AGENCY ADMINISTRATION › Section 8:43B-7.4 - Social worker qualifications and responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC sponsor agency shall designate a social
				worker to be responsible for the direction and quality of social work services
				provided to clients.
(b) The social
				worker shall have at least one year of experience working with older persons or
				persons with physical disabilities in the community or in an institutional
				setting.
(c) The sponsor agency shall
				provide social work services to clients who require them, in accordance with
				N.J.A.C. 13:44G.
(d) The
				responsibilities of the social worker shall include, but are not limited to:
1. Performing social work assessments of each
				client and preparing a social work component in the client service plan, if
				indicated;
2. Providing social work
				counseling to a client, the client's family, and the AFC caregiver, as
				needed;
3. Participating in the initial
				training and ongoing training of the AFC caregiver; and
4. Contacting social services and other community
				resources for information, referrals, and services.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 8 - CLIENT CARE SERVICES › Section 8:43B-8.1 - Policies and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC sponsor
				agency shall establish written policies and procedures governing care provided to
				clients.
1. These policies and procedures shall be
				reviewed on an annual basis and shall be revised, as needed.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 8 - CLIENT CARE SERVICES › Section 8:43B-8.2 - Client ineligibility and involuntary discharge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				client may be determined ineligible for or involuntarily discharged from the AFC
				program only for the following reasons:
1. The
				client has a medical condition that requires:
i. A
				higher level of care than the AFC caregiver can provide; or
ii. A regimen or therapy that the AFC caregiver
				cannot adequately provide in the AFC home;
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 8 - CLIENT CARE SERVICES › Section 8:43B-8.3 - Care management services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC service
				provider shall assign a care manager to each client before the client's placement in
				the home of an AFC caregiver.
(b) The
				care manager shall be either a registered professional nurse or a social worker and
				may be the same person, as provided at
				N.J.A.C.
				8:43B-7.4, or the AFC sponsor agency's registered
				professional nurse.
(c) The care manager
				shall be present in the AFC home on the day of client placement to review and
				finalize the client service plan with the client and the AFC caregiver.
(d) The care manager shall monitor the physical
				and psychosocial well-being of the client on a regular and ongoing basis.
(e) The care manager shall visit the client in the
				caregiver's home on the following schedule:
1.
				Weekly during the first month of placement; and
2. Once a month thereafter, and more frequently,
				as needed.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 9 - CLIENT ASSESSMENT, CLIENT SERVICE PLAN, AND HEALTH CARE SERVICES › Section 8:43B-9.1 - Client assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The AFC sponsor
				agency's registered professional nurse shall perform an initial assessment of each
				client to determine the client's need for general and health care services.
1. The initial nursing assessment is not required
				if a health care professional specifies, in writing, within 60 days before
				placement, that the client has no health care service needs and is appropriate for
				the AFC program.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 9 - CLIENT ASSESSMENT, CLIENT SERVICE PLAN, AND HEALTH CARE SERVICES › Section 8:43B-9.2 - Client service plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A client service
				plan shall be person-centered and in place on, or before, the day of placement,
				developed by the AFC sponsor agency with the participation of the client, the client
				representative, if available, and at the client's request, the AFC caregiver, and
				shall be signed by the client or the client representative, the AFC caregiver, and
				the AFC sponsor agency representative.
(b) The AFC caregiver shall be involved with the
				development of the client service plan and shall not be permitted to deny the needs
				of a client, as determined by the professional registered nurse.
(c) A client service plan shall address at least
				the following:
1. The client's need for assistance
				in ADLs, including the designation of persons who will assist;
2. The client's need for supervision of, or
				assistance with, the self-administration of medication or medication
				administration;
3. The client's needs,
				if any, for assistance with transportation, shopping, and errands;
4. Requirements for assistance with activities for
				socialization and recreation, as necessary;
5. The length of time that the client may be left
				alone and unsupervised, if at all; and
6. The client's own needs and
				preferences.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 9 - CLIENT ASSESSMENT, CLIENT SERVICE PLAN, AND HEALTH CARE SERVICES › Section 8:43B-9.3 - Provision of health care services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC
				sponsor agency shall arrange for health care services to be provided to clients, as
				needed, in accordance with assessments and the client service plan.
(b) A care manager shall notify the client's
				health care professional of any significant change in the client's physical or
				psychological condition.
(c) A
				registered professional nurse or the client's health care professional shall be
				called by the AFC caregiver at the onset of illness of any client to arrange for an
				assessment of the client's nursing care needs or medical needs and needed nursing
				care intervention or medical care.
(d)
				If it is determined by a health care professional that there is a medical need for a
				transfer to another AFC home or a health care facility because the AFC caregiver
				cannot meet the client's needs, then the AFC sponsor agency shall ensure that such
				transfers are initiated promptly.
(e)
				The AFC sponsor agency's registered professional nurse shall ensure that the client
				receives appropriate care during the transfer.
(f) The AFC sponsor agency's registered
				professional nurse shall not be responsible for the administration of medications
				when the AFC caregiver and the client enter into a private agreement allowing the
				AFC caregiver to provide supervision of, and assistance with, the administration of
				medications in accordance with the policies at
				N.J.A.C.
				8:43B-8.1(b)3.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 10 - CLIENT RIGHTS AND RESPONSIBILITIES › Section 8:43B-10.2 - Responsibilities of each client

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The sponsor
				agency shall develop a written statement of client responsibilities, which shall be
				provided to each client upon placement. This statement shall encourage clients to
				function as independently as possible and shall include, at a minimum, the
				responsibility to:
1. Comply with the client
				service plan developed with the participation of the client, the client's
				representative, the client's family, if available, and the caregiver;
2. Inform their caregiver about health changes;
				and
3. Treat sponsor agency staff,
				caregiver, and residents of the caregiver's household in a respectful
				manner.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 11 - PHYSICAL ENVIRONMENT AND HOUSEKEEPING SERVICES › Section 8:43B-11.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The sponsor agency shall ensure that any caregiver's home that
				  serves as a placement site for one or more clients meets the standards set forth in
				  this subchapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 11 - PHYSICAL ENVIRONMENT AND HOUSEKEEPING SERVICES › Section 8:43B-11.2 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An AFC home
				shall meet all applicable local and State laws, including the State Uniform
				Construction Code, N.J.A.C. 5:23, regarding occupancy of a dwelling and health and
				fire standards.
(b) The home and grounds
				shall be well-maintained at all times. The exterior of the house shall be adequately
				maintained regarding paint, stairs, railings, windows, screens, storm windows, and
				grounds.
(c) All areas of the home shall
				be clean and free of vermin, rodents, trash, and offensive odors.
(d) The home shall be maintained at a comfortable
				temperature for the clients. The temperature shall not be below 70 degrees
				Fahrenheit during the day or 68 degrees Fahrenheit at night and shall not exceed 81
				degrees Fahrenheit.
1. The sponsor agency shall
				have a heat emergency plan to monitor indoor temperatures and be capable of
				implementing interventions for clients, when necessary.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 11 - PHYSICAL ENVIRONMENT AND HOUSEKEEPING SERVICES › Section 8:43B-11.3 - Bedroom

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The client shall be
				furnished with a bedroom, which may be shared with only one other client.
(b) Occupancy shall be limited to floors on or
				above grade level. Exceptions may be granted under the following conditions:
1. More than half the height of the room is above
				ground;
2. The room is provided with two
				or more independent means of egress, at least one of which leads directly outside;
				and
3. There are no other conditions
				that might be adverse to the health, safety, or welfare of clients.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 11 - PHYSICAL ENVIRONMENT AND HOUSEKEEPING SERVICES › Section 8:43B-11.4 - Kitchen

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The kitchen shall be
				equipped with a refrigerator and stove and shall be clean and adequately
				maintained.
(b) Storage areas for food
				shall be clean and adequate in size. Food shall be safely stored and
				prepared.
(c) Garbage and trash shall be
				kept in receptacles and shall be disposed of promptly.
(d) There shall be a Class B dry chemical fire
				extinguisher within easy reach for grease fires.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 11 - PHYSICAL ENVIRONMENT AND HOUSEKEEPING SERVICES › Section 8:43B-11.5 - Bathroom facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The client shall
				have access to a bathroom with a handwashing sink, toilet, bathtub or shower, and a
				lockable door. The bathroom shall be accessible without disturbing the private space
				of another occupant of the home.
(b)
				There shall be at least one toilet, together with a handwashing sink, for every six
				persons living in the home.
(c) The
				temperature of the hot water used for bathing and handwashing shall be at least 105
				degrees and shall not exceed 120 degrees Fahrenheit.
(d) Handrails shall be installed, if needed by the
				client.
(e) Non-slip surfaces shall be
				available in each shower or bath.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 11 - PHYSICAL ENVIRONMENT AND HOUSEKEEPING SERVICES › Section 8:43B-11.6 - Housekeeping services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The caregiver shall
				provide the client a change of linen weekly, or more frequently, if
				needed.
(b) The caregiver shall provide
				laundry services for bedding, towels, and washable personal clothing or make
				available laundry equipment for the client's personal use.
(c) All areas of the home used by both the client
				and occupants of the home shall be properly maintained and kept clean.
(d) All furnishings available for use by the
				client shall be clean and in good repair. Items that are broken or worn to the
				extent that they may cause discomfort or present a danger to the client shall be
				promptly repaired, replaced, or removed.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 11 - PHYSICAL ENVIRONMENT AND HOUSEKEEPING SERVICES › Section 8:43B-11.7 - Safety and fire protection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The caregiver
				shall provide a safe, comfortable, sanitary environment for the clients.
(b) There shall be a written fire plan outlining
				various escape routes, which shall be routinely reviewed with the client.
(c) All escape routes out of the home shall be
				unobstructed.
(d) The home shall have at
				least one operable smoke detector on each floor and in each client's bedroom which,
				when activated, sets off an alarm that is audible in all sleeping areas. The
				caregiver shall check the battery every month.
(e) Each client's bedroom shall be provided with
				sufficient electrical outlets and lamps or light fixtures. No temporary wiring shall
				be used except U.L.-listed extension cords that do not run under rugs, through
				walls, or doorways.
(f) The sponsor
				agency shall develop policies for the use or non-use of portable area- or
				spaceheaters.
(g) Wood burning stoves
				shall be permitted only if proof of inspection and approval by the local building
				official is provided.
1. An A-rated fire
				extinguisher shall be available in the same room as the wood-burning
				stove.
2. Protective screening shall be
				provided, as necessary.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 12 - RECORDS › Section 8:43B-12.1 - Maintenance of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The sponsor agency
				shall maintain a current, complete record for each client and caregiver.
(b) All records shall be maintained for three
				years after the release of a client from the program.
(c) Records and information regarding the client
				shall be considered confidential, and the client shall have the opportunity to
				examine such records in accordance with the sponsor agency's policies and the Health
				Insurance Portability and Accountability Act of 1996 (HIPAA),
				Public Law
				104-191, and the regulations promulgated thereunder.
				The written consent of the client shall be obtained for release of his or her
				records to any individual not associated with the sponsor agency, except in the case
				of the client's transfer to a health care facility, or as required by law,
				third-party payer, or authorized government agencies.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 12 - RECORDS › Section 8:43B-12.2 - Client records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The AFC sponsor
				agency's record for each client shall include:
1.
				A completed admission application and all records forwarded to the sponsor
				agency;
2. Client identification data,
				including the client's name, last address, date of birth, address and telephone
				number of the physician, advanced practice nurse, or physician assistant to be
				called, and the name and address of a responsible person who may be notified in the
				event of an emergency;
3. A copy of the
				client service plan, including physician orders and reports, if applicable, and
				progress notes by the registered professional nurse, social worker, and care
				manager;
4. A copy of the client's
				nursing and social worker assessments based on the client's needs;
5. Written authorization by the client for
				management of the client's personal funds by the caregiver, if applicable;
6. Documentation of the existence or nonexistence
				of an advance directive and documentation of the sponsor agency's inquiry to the
				client, family, or health care representative;
7. A copy of the written statement of all client
				rights signed by the caregiver and the client, or the client's legal
				guardian;
8. Documentation of the
				client's influenza vaccine and pneumococcal vaccine, or the refusal of the client to
				receive either or both, unless medically contraindicated; and
9. A copy of the New Jersey Office of the
				Long-Term Care Ombudsman Disclosure Consent Form.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 12 - RECORDS › Section 8:43B-12.3 - Caregiver records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The sponsor agency's
				record for each caregiver who has a client residing in his or her home shall
				include:
1. Documentation from the initial
				interview, including copies of the caregiver's letters of reference, proof of
				criminal record background check, and the assessment of the caregiver's
				home;
2. Proof of satisfactory
				completion of the required training program;
3. A copy of the signed contract between the
				sponsor agency and the caregiver;
4. A
				written residency agreement for each client. The residency agreement shall include
				protections for the eviction process and appeals that are comparable to those
				provided to tenants pursuant to State law;
5. Records of physical examinations and
				evaluations of the caregiver's capacity to provide required services to the client;
				and
6. A copy of each client's written
				authorization for the caregiver to manage the client's personal funds, if
				applicable.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 12 - RECORDS › Section 8:43B-12.4 - Records maintained by the caregiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				caregiver shall maintain a current record for each client placed in his or her home.
				Each client's record shall include at least the following:
1. Client identification data including the
				client's name, last address, date of birth, name, and address of the responsible
				person who can be notified in the event of an emergency, and the telephone number of
				the physician, advanced practice nurse, or physician assistant to be
				called;
2. A copy of the residency
				agreement signed by the sponsor agency, caregiver, and client or the client's legal
				guardian;
3. A copy of the written
				statement of all client rights signed by the caregiver and the client, or the
				client's legal guardian;
4. A copy of
				the client's written authorization for management of his or her personal funds, if
				applicable, and the quarterly financial records;
5. A copy of the current client service plan;
				and
6. A record of visits by physicians
				and other health care providers not employed by the sponsor agency, including dates
				and comments, if applicable.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 13 - HEARINGS › Section 8:43B-13.1 - Right to a hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any applicant denied
				a license, any licensee notified of a proposed enforcement action by the Department,
				and any individual disqualified after a criminal record background check shall have
				the right to request a hearing pursuant to the Administrative Procedure Act,
				N.J.S.A.
				52:14B-1 et seq., and 52:14F-1 et seq., and the
				Uniform Administrative Procedure Rules, N.J.A.C. 1:1, with the Office of
				Administrative Law.
(b) Any applicant
				failing to remedy a denial of licensure within the 30 days set forth at
				N.J.A.C.
				8:43B-3.5, or any individual who fails to request
				a rehabilitation review within the 30 days set forth at
				N.J.A.C.
				8:43B-3.3, shall not be eligible to request a
				hearing pursuant to this subchapter.
New Jersey Administrative Code › Title 8 - HEALTH › Chapter 43B - STANDARDS FOR LICENSURE OF ADULT FAMILY CARE CAREGIVERS AND SPONSOR AGENCIES › Subchapter 13 - HEARINGS › Section 8:43B-13.2 - Requesting a hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant,
				licensee, or individual shall request a hearing within 30 days of the date of the
				adverse notice by submitting the request, in writing, to the Department.
(b) The Department shall transmit the request to
				the Office of Administrative Law.
(c)
				Prior to the transmittal of any hearing request to the Office of Administrative Law,
				the Department may schedule a conference to attempt to settle the matter.