New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 10:140-1.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context indicates
				  otherwise:
"Administrative hearing" means a hearing held by the Office
				  of Administrative Law (OAL) pursuant to N.J.S.A. 52:14B-9 et seq., and 52:14F-1
				  et seq., and
				  N.J.A.C.
				  1:1-1.
"Administrative review" means an independent examination of
				  an agency action that is conducted by the State Program Administrator or
				  designee, by convening a meeting of the relevant parties in the action under
				  dispute and/or by examining the relevant records and documents in accordance
				  with 10:6-1.4.
"Adverse agency action" means the denial, reduction,
				  suspension or termination of services, or the denial of a request for an
				  exception, or the failure to act upon a request for services within prescribed
				  time frames.
"Advisory Council" means the State Consumer Advisory Council
				  on Personal Assistance Services, created by
				  30:4G-20.
"Applicant" means a person who applies for services under the
				  Personal Assistance Services Program.
"Application for Service and Statement of Understanding"
				  means a program document that is designed to serve as a notice of the terms and
				  conditions for participation in the Personal Assistance Services Program.
				  Prospective consumers must be capable of fully understanding, and be agreeable
				  and willing to assume responsibility for, the items that are indicated on the
				  form prior to enrollment.
"Assessor" means a person who is employed by the program to
				  conduct eligibility assessments and has a master's of social work degree; a
				  bachelor's degree and three years of experience in rehabilitation services; or
				  is a registered nurse with a bachelor of science degree in nursing.
"Available" means, as applied to a caregiver, physically
				  present, able, and appropriate, as determined with full consideration of the
				  consumer's personal situation.
"Cash management plan" or "CMP" means to the document used by
				  the Personal Assistance Services Program, which indicates the monthly cash
				  allowance and details the services and supports required by the consumer in
				  order to meet their personal care needs.
"Chore service" means light housekeeping activities. This
				  service does not include inside or outside maintenance of the dwelling or
				  property.
"Commissioner" means the Commissioner of the Department of
				  Human Services.
"Community-based independent living" means self-directed
				  living whereby a consumer is actively participating in community-based
				  activities aside from employment or education, including, but not limited to,
				  assistance with parenting tasks, searching for employment, volunteer or
				  community service, participation on governing boards and/or serving on
				  committees.
"Consumer" means an individual who is currently receiving
				  services and who meets the eligibility standards of
				  10:140-2.1, has received an
				  exception under
				  10:140-2.2 or the criteria has
				  been set aside by the Commissioner based on an emergent circumstance, as
				  determined on a case-by-case basis.
"Consumer directed services" means a model of service
				  delivery that affords the opportunity for individuals to control and manage all
				  aspects of the services that they receive including, but not limited to, from
				  whom the services are received, what types of services are received and when,
				  where and how they are received.
"County designated agency" means a county office for the
				  disabled or other agency designated by the county government to administer in
				  that county the Personal Assistance Services Program established pursuant to
				  30:4G-13 et seq. and this
				  chapter.
"County program coordinator" means an individual employed by,
				  or under contract with, the county designated agency who serves as the primary
				  support for consumers and provides individual guidance and periodic monitoring
				  of service activities to ensure the needs are being met pursuant to the
				  Program.
"Department" means the Department of Human Services.
"Designated State agency" means a division, bureau or office
				  of State government, designated by the Commissioner of the Department of Human
				  Services. The program is currently administered by the Division of Disability
				  Services.
"Designated training agency" means the agency responsible for
				  the administration of the Statewide training program, as provided by
				  N.J.A.C.
				  10:140-6, under contract with the designated
				  State agency.
"Direct services" means the provision of personal assistance
				  services to consumers.
"Division" or "DDS" means the Division of Disability
				  Services, in the Department of Human Services.
"Education or training" means enrollment in courses or
				  training programs related to the enhancement of a worker's employment.
"Emancipated minor" means an individual who is under age 18
				  and is married and living separate and apart from his or her parents and/or
				  guardian; or who is under age 18 and is determined through a court order to be
				  capable of making his or her own decisions.
"Employment" means working in a paid occupation, whether in
				  cash or in kind, including, but not limited to, full-time employment; part-time
				  employment; the practice of a profession; self-employment; farm work;
				  home-based employment; or other gainful work. An individual who identifies
				  himself or herself as self-employed must have net earnings of at least $ 400.00
				  annually in accordance with requirements of the Internal Revenue Services under
				  Title 26 of the United States Code and file taxes accordingly.
"Fiscal intermediary service organization" or "FISO" means a
				  company or agency that is set up to disburse the cash benefit to consumers
				  under the Personal Assistance Services Program. The latter will serve as the
				  business agent for the consumer and prepare the payroll checks and other
				  disbursements at the direction of the consumer, as well as keep records of all
				  transactions.
"Household" shall be determined to be the individual consumer
				  and any dependents as defined by the Internal Revenue Service under Title 26 of
				  the United States Tax Code.
"Informal caregiver" means an individual who is 18 years of
				  age or older residing in the household for other than the purpose of sharing
				  expenses.
"Parenting" means routine child rearing activities performed
				  for a minor child under the age of five in circumstances where those activities
				  are obligated by law and the failure of the parent to perform such activities
				  would constitute neglect under State law.
"Permanent physical disability" means a severe impairment of
				  an ongoing nature, which so restricts a person's ability to perform essential
				  activities of daily living that the person needs assistance to maintain the
				  person's independence and health.
"Personal assistance service" means health and chore-related
				  tasks performed by a personal assistant. Personal assistance services include,
				  but are not limited to, assistance in essential daily activities, such as
				  bathing, dressing, and feeding; assistance with light housekeeping activities,
				  such as laundry, shopping, and meal preparation; assistance with paperwork and
				  communication; and assistance with mobility, including driving or other forms
				  of transportation. Driving or other forms of transportation may not be used as
				  a "stand-alone" service without the need for other health and chore-related
				  tasks.
"Personal assistant" means a person who meets the
				  qualifications with regard to training, equivalent work experience or
				  certification in the provision of personal assistance services, as established
				  by N.J.A.C. 10:140-5 and who provides
				  personal assistance services to a consumer.
"Program" means the Personal Assistance Services
				  Program.
"Relative" means a person who is 18 years of age or older and
				  is related to the consumer by blood or by law.
"Resident" means a person who abides or resides in the State
				  of New Jersey for other than a temporary purpose and who has no present
				  intention of moving from the State.
"Self-directing or self-directed" means a person who is able
				  to make decisions regarding daily activities, to make major life decisions, and
				  to manage and supervise a personal assistant; and who can accept the
				  responsibility for those decisions and actions.
"Statement of understanding" means a document which sets
				  forth the terms and conditions of the program and the responsibilities of the
				  consumer under these rules, and the consumer's acceptance of the same.
"State Program Administrator" means the professional employee
				  of the designated State agency charged with the administration of the Personal
				  Assistance Services Program.
"Time sheets" means a legal document that is issued by the
				  fiscal intermediary service organization and used by the consumer to verify the
				  number of hours received under the program and signed by the consumer's
				  employee.
"Training" means the attendance and participation of a
				  consumer or personal assistant in an established statewide educational program
				  or equivalent, as described in
				  N.J.A.C.
				  10:140-6.
"Vendor" means an agency or business that provides a service
				  under the Personal Assistance Services Program, that satisfy the needs and
				  requirements of a consumer, including, but not limited to, a cleaning service
				  and/or a laundry service.
"Volunteering" is the practice of people working on behalf of
				  others or a particular cause without payment for their time and
				  services.