reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46A - FAMILY SUPPORT SERVICE SYSTEM › Subchapter 4 - REGIONAL FAMILY SUPPORT PLANNING COUNCILS › Section 10:46A-4.1 - Membership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The need to
				establish additional councils or merge existing councils shall be evaluated
				within one year and annually thereafter by the Statewide Family Support Council
				in conjunction with the Regional Family Support Planning Council(s). Councils
				can be added or merged as the needs indicate. Minimally, there shall be one
				council per region.
(b) Each
				Regional Family Support Planning Council shall be comprised of no more than 11
				members. All members shall be either a person with a developmental disability
				or a family member of a person with a developmental disability.
(c) All members shall serve a two year term.
				No member shall serve for more than seven consecutive years.
(d) All Regional Family Support Planning
				Council members shall receive initial orientation and ongoing training and
				support.
(e) The Regional Family
				Support Planning Council members will nominate members to reflect the cultural,
				economic, ethnic, geographic and disability diversity of the region it serves
				by soliciting information of interested individuals.
(f) As terms expire, individuals will be
				nominated by the Regional Family Support Planning Council membership,
				reflecting the cultural, economic, ethnic, geographic and disability diversity
				of the region it serves.
(g) Names
				of individuals interested in Regional Family Support Planning Council
				membership shall be maintained by the Regional Family Support Planning Council
				and/or Family Support Coordinator. Nominees shall be taken from this
				list.
(h) All Regional Family
				Support Planning Council members shall be appointed by the Commissioner,
				Department of Human Services.
(i) A
				chairperson and vice-chairperson shall be elected for each Regional Family
				Support Planning Council. These individuals, or two other designated
				representatives as chosen by the Regional Family Support Planning Council,
				shall serve on a Statewide Family Support Council.
(j) The Regional Family Support Planning
				Council members shall serve without compensation beyond reimbursement for
				reasonable transportation, child care and other costs related to serving on the
				council.
(k) Regional Family
				Support Planning Councils shall meet at least quarterly. Individual councils
				may establish more frequent meeting schedules based on the needs of the
				council.
(l) No member of the
				Regional Family Support Planning Council who is an employee or board member of
				an agency under contract with the DDD providing family support services shall
				cast a vote on any matter which would provide a direct financial benefit to
				that agency.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46A - FAMILY SUPPORT SERVICE SYSTEM › Subchapter 4 - REGIONAL FAMILY SUPPORT PLANNING COUNCILS › Section 10:46A-4.2 - Responsibilities of the Regional Family Support Planning Councils

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each Regional
				Family Support Planning Council shall work to establish and expand family
				support in its region.
(b) Each
				Regional Family Support Planning Council shall develop and implement a method
				of obtaining public input that provides the opportunity to express comments and
				share concerns and information about family support.
1. Public input shall include public
				meetings, that are held locally at a time and place that is convenient for the
				families.
2. Attendance records and
				written minutes shall be made available to the Family Support Coordinator and
				the DDD.
3. Based on the needs of
				the region the Regional Family Support Planning Council serves, at least two
				additional means of obtaining public input shall also be utilized to ensure all
				interested individuals are represented.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46A - FAMILY SUPPORT SERVICE SYSTEM › Subchapter 4 - REGIONAL FAMILY SUPPORT PLANNING COUNCILS › Section 10:46A-4.3 - Statewide Family Support Council

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The membership
				and responsibilities of the Statewide Family Support Council shall be as
				follows:
1. The Council shall be comprised of
				a chairperson and a vice-chairperson, or two other designated representatives,
				from each Regional Family Support Planning Council.
2. The Council shall elect a chairperson and
				a vice-chairperson, each of whom will serve for a minimum one year
				term.
3. The Council shall meet a
				minimum of once every six months.
4. The Council shall come together for
				sharing of information, concerns and problem solving. Attendance records and
				written minutes will be made available to each Regional Family Support Planning
				Council and the Family Support Coordinator.
5. The Council shall annually approve the
				Statewide Family Support Plan adopted by the Coordinator for submission to the
				Commissioner and the Director of DDD.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46B - PLACEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 10:46B-1.1 - Purpose; authority

Current through Register Vol. 56, No. 14, July 15, 2024
The Division of Developmental Disabilities, Department of
				  Human Services intends this chapter to establish standards and criteria for the
				  placement of eligible persons, pursuant to
				  30:4-25.6. Placements are made in
				  accordance with N.J.A.C. 10:46C except when there is the need for an emergency
				  service or emergency placement. This chapter provides guidelines for placement.
				  Each individual's abilities, needs and preferences are different. Division
				  staff shall consider the circumstances of each individual in light of his or
				  her unique situation in making placement decisions. Division staff shall
				  exercise reasonable professional judgement in making such decisions.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46B - PLACEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 10:46B-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this chapter shall apply to all eligible
				  individuals. The provisions of this chapter shall not apply to persons whose
				  services are funded through the Medicaid fee-for-services model. Placement
				  decisions for these individuals shall be made in accordance with Medicaid
				  standards applicable to the relevant Medicaid waiver and as part of the
				  development of the individual's service plan. Residential placement will be
				  offered to individuals placed on the Division's Priority Waiting List, as
				  described at
N.J.A.C. 10:46C
unless they meet the criteria of
N.J.A.C. 10:46B-3.3
,
				  Emergencies, 4.2, Private institutions, or 4.3, Private out-of-State
				  placements.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46B - PLACEMENT › Subchapter 3 - PLACEMENTS › Section 10:46B-3.1 - Availability of placements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Residential
				placement is a waiver service. In order to receive placement, the individual
				and/or representative payee is responsible to make application for all
				benefits, comply with the requirements for all benefits and comply with the
				requirements of
N.J.A.C.
				10:46-2.1(g)
and
				(h).
(b) Only when the need for
				placement is indicated in the IHP and when the individual can be reached on the
				waiting list, in accordance with
N.J.A.C. 10:46C
, the Division
				shall plan with the individual, his or her legal guardian and, where
				appropriate, interested family members, to identify an appropriate, available,
				out-of-home placement.
(c)-(e) (No
				change.)
(c) The availability of
				placements shall be limited to the Division's funding in a given fiscal year.
				Prioritization for placement shall be governed by N.J.A.C. 10:46C.
(d) All placements shall be in accordance
				with all applicable Federal and State statutes, regulations and rules,
				including the State Code of Criminal Justice provision at
				2C:30-4 which prohibits the
				disbursement of public money or the incurring of obligations in excess of
				legislative appropriation and limit of expenditure.
(e) In an effort to provide fairly for all
				individuals served, it is recognized that Division appropriations need to be
				applied across the State and across the entire fiscal year and that planning
				and judgment are necessary and appropriate on a case-by-case basis as well to
				ensure that appropriations are not dissipated in an effort to meet
				extraordinary needs of one individual to the detriment of the rest of the
				population who require and could benefit from services needed to be funded from
				the same finite source.
(f)
				Approval by the Assistant Commissioner shall be required for all admissions to
				developmental centers, in accordance with the provisions of
N.J.A.C.
				10:46B-4.2
.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46B - PLACEMENT › Subchapter 3 - PLACEMENTS › Section 10:46B-3.2 - Waiting lists

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as otherwise provided in
				10:46B-3.3, 4.2 and 4.3, a person
				shall be placed residentially only from the priority waiting list, N.J.A.C.
				10:46C.
(b) If a placement is not
				immediately available, the individual shall be assigned to a waiting list
				category, in accordance with N.J.A.C. 10:46C.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46B - PLACEMENT › Subchapter 3 - PLACEMENTS › Section 10:46B-3.3 - Emergencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An emergency need for services or
				placement shall be deemed established when the person is homeless or in
				imminent peril, as defined in this chapter. Supports may be provided to the
				person where he or she is currently living to avoid homelessness or imminent
				peril. Where supports can be provided, the Division shall not declare a need
				for an emergency services or placement.
(b) When the Division has determined that an
				emergency exists, the Division shall offer emergency services, if available.
				Emergency services shall meet the individual's basic needs.
1. The individual or his or her legal
				guardian shall be notified by telephone which agency will provide emergency
				services and where to take the eligible individual.
2. The Division shall confirm in writing the
				offer of emergency services.
3.
				Emergency services shall be provided for 30 days during which time the provider
				agency shall conduct an assessment to determine:
i. Whether the individual may return home
				with or without supports; or
ii. If
				the provider agency shall offer a long-term placement.
4. Emergency services may be continued for an
				additional 30 days in order to transition the individual to return back to his
				or her home or to the long-term placement arranged by the agency in
				coordination with the Division.
5.
				When emergency services are provided, an IHP shall be developed prior to the
				individual's return home or to the provision of a long-term
				placement.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46B - PLACEMENT › Subchapter 4 - PLACEMENT DECISIONS › Section 10:46B-4.1 - General standards for placement decisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Appropriations for placements received by the Division may be targeted to
				specific populations. The budget language may identify the persons eligible for
				consideration for placement. If no such language is provided, the Division
				shall be guided by (d) below.
(b)
				Placements are offered to persons in need of emergency residential services as
				defined in
				10:46B-3.3.
(c) When a person has been placed outside the
				State of New Jersey by the Division, a caregiver, family member, legal
				guardian, or another state or county entity, the Division shall make every
				effort to return him or her to the State of New Jersey as soon as possible
				unless the conditions of
				P.L.
				2015, c. 192 or
N.J.A.C. 10:46B-4.3
have
				been met, as applicable. The Division shall not be responsible to return the
				individual to New Jersey until such time as the individual has been found
				eligible for services and the Division has assumed responsibility for
				funding.
(d) When a vacancy occurs
				in an existing program or an appropriation is targeted for a specific
				population, Division staff shall identify individuals to be placed, using the
				following criteria and considering any other information pertinent to the needs
				of the specific individual. No specific weight or priority shall be given to
				the 10 categories listed below:
1. The age,
				sex and functioning level of the individual and the geographic proximity of the
				proposed placement to interested family and/or friends;
2. The present needs of the individual as
				well as anticipated future needs;
3. Preferences including where the individual
				wishes to live, with whom the individual wishes to live and how geographically
				close to family and friends the individual wishes to live;
4. The ability of the placement to meet the
				individual's needs;
5. The
				likelihood of the success of the placement, including a review of past clinical
				or diagnostic history;
6. The
				stability of the individual's present placement, including how well the
				placement meets the behavior and/or medical needs of the individual;
7. The availability of a caregiver or parent
				to continue to provide care;
8. The
				availability of continued funding of a current placement by a party other than
				the Division;
9. The potential that
				the placement will be long term; and
10. Acceptance of the individual by the
				service provider.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46B - PLACEMENT › Subchapter 4 - PLACEMENT DECISIONS › Section 10:46B-4.2 - Placements in private institutions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Placements in
				private institutions shall not be made on a routine basis and shall only be
				approved by the Assistant Commissioner when the Assistant Commissioner
				determines that the following criteria have been met:
1. The individual cannot be appropriately
				cared for in any existing Division placement including a developmental
				center;
2. The private institution
				is licensed by the state in which it is located;
3. A contract exists between the private
				institution and the Division; and
4. Funding is available and authorized by the
				Assistant Commissioner.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46B - PLACEMENT › Subchapter 4 - PLACEMENT DECISIONS › Section 10:46B-4.3 - Private out-of-State placements (POSP)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an
				individual has been identified for placement pursuant to
				10:46B-4.1 or is in need of an
				emergency placement and has been in a POSP for at least one year and the
				individual has requested funding by the Division in a POSP, the Division may
				defer plans for his or her return to the State of New Jersey if the following
				conditions have been met.
1. The person is on
				the priority waiting list and there is funding available;
2. The individual or legal guardian requests
				that the POSP be continued;
3. The
				Division determines that the person is appropriately placed in the
				POSP;
4. The individual is over 21
				years of age; and
5. The cost of
				the POSP is at or below the cost of the current average community placement in
				New Jersey, as determined by the Division. The Division shall announce that
				amount annually in the New Jersey Register at the beginning of each fiscal
				year.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46B - PLACEMENT › Subchapter 5 - APPEALS › Section 10:46B-5.1 - Placement appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Placement decisions may be appealed in
				accordance with N.J.A.C. 10:48.
(b)
				Specific offers of placement shall be considered contested cases if
				appealed.
(c) Recommendations of
				placement changes where no specific offers of placement have been made shall be
				considered non-contested.
(d)
				Except in emergencies, the appellant may request the Assistant Commissioner
				defer the placement of an individual pending resolution of an administrative
				appeal when the following circumstances apply:
1. The appeal is received verbally or in
				writing 10 calendar days before the proposed placement and:
i. The appellant can demonstrate that the
				placement may place the individual at risk of abuse or neglect;
ii. The appellant has new information that
				was not known or available at the time the placement offer was made;
				or
iii. The appellant can
				demonstrate that the placement shall significantly compromise the appellant's
				ability to have the Division action reversed or modified through the appeal
				process.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46C - COMMUNITY CARE PROGRAM WAITING LIST PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 10:46C-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter establishes criteria and
				procedures for allocating limited community-based services, based on the
				relative needs of the individuals waiting for Division services. In accordance
				with the Developmentally Disabled Rights Act, N.J.S.A. 30:6D-1et seq., such
				services shall be designed to maximize the developmental potential of the
				individual in a manner least restrictive of personal liberty.
(b) The availability of such services shall
				be limited to the Division's funding in a given fiscal year. The basis of this
				chapter is to establish a means to prioritize service needs when there are
				insufficient funds, in order to provide the most appropriate services. The
				chapter represents an administrative process for the allocation of scarce
				resources among many individuals with similar needs and
				circumstances.
(c) The waiting list
				assignment shall indicate only the need for services. The assignment shall not
				reflect the specific type of services needed. The individual's need for
				services changes over the course of the individual's life. The intent of this
				chapter is not to establish specific services to be provided, but to reflect
				only a general service need. Waiting list categories are general groupings
				based upon the level of priority. The date that the individual is assigned to
				the waiting list category shall be recorded.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46C - COMMUNITY CARE PROGRAM WAITING LIST PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 10:46C-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall apply to all individuals who are currently
				  on the Community Care Program (CCP) Waiting List for CCP community-based
				  services, or eligible individuals who may request such services in the future.
				  Unless otherwise stated, this chapter does not apply to similar services that
				  may be provided through the Supports Program.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46C - COMMUNITY CARE PROGRAM WAITING LIST PROCEDURES › Subchapter 2 - WAITING LIST PROCEDURES › Section 10:46C-2.1 - Waiting list categories

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the time of
				eligibility for Division services, the applicant shall be informed of the CCP
				waiting list.
(b) The waiting list
				system shall consist of two categories: Priority Waiting List and General
				Waiting List.
1. The waiting list category
				shall be specified at the time the individual is found eligible for functional
				services if the individual or legal guardian requests waiting list assignment
				at the time of application for services.
2. If the individual does not request waiting
				list assignment at the time the individual is found eligible for functional
				services, the individual, legal guardian, parent, or caregiver may request an
				assignment, in writing, or by alternate means used by the individual to
				communicate, at any time.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46C - COMMUNITY CARE PROGRAM WAITING LIST PROCEDURES › Subchapter 2 - WAITING LIST PROCEDURES › Section 10:46C-2.2 - Procedure for adding an individual to a waiting list or changing the individual's waiting list category

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Satisfaction of
				one or more of the following criteria is required for assignment to the
				Priority Waiting List:
1. Both of the birth
				or adoptive parents are 55 years or older. When both parents or adoptive
				parents reach age 55, they shall be given the option to have the individual
				placed on the Priority Waiting List at the time of the annual ISP. In this
				instance, the date that the younger parent turns 55 shall be the date the
				individual is added to the Priority Waiting List. In situations where both
				parents are alive, but only one is the primary caregiver, it is only required
				that the parent who acts as the primary caregiver reach age 55 to have the
				option to have the individual placed on the Priority Waiting List at the time
				of the annual ISP;
2. An individual
				living with a caregiver, other than the birth or adoptive parents, who is
				providing care voluntarily and without pay and the caregiver can no longer care
				for the individual;
3. There is a
				clear risk of abuse, neglect, or exploitation;
4. Either of the birth or adoptive parents is
				under age 55 and has a chronic and long-term physical or psychiatric and/or
				behavioral health condition or conditions, which significantly limits the birth
				or adoptive parents' ability to care for the individual with a developmental
				disability; or
5. Either of the
				birth or adoptive parents is under age 55 and there is a risk to the health or
				safety of the individual, parent, or other individual living in the home due to
				any one of the following conditions:
i. The
				individual's behavior or behaviors present a risk to self or others, which
				cannot be effectively managed by the parents, even with generic or specialized
				support arranged or provided by the Division;
ii. There are physical care needs, such as
				lifting or bathing, or medical needs that cannot be managed by the parent, even
				with generic or specialized supports arranged or provided by the
				Division;
iii. There is a single
				parent as the head of household who requires a minimum of 40 hours of
				specialized or generic supports from the Division, each month, in order to keep
				a full-time job; or
iv. There is a
				single parent as the head of household who is the primary caregiver to more
				than one person with a disability and those persons have significant direct
				care needs (for example, feeding, bathing, toileting, etc.).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46C - COMMUNITY CARE PROGRAM WAITING LIST PROCEDURES › Subchapter 2 - WAITING LIST PROCEDURES › Section 10:46C-2.3 - Initial notification that an individual has been reached on the Priority Waiting List for Community Care Program Services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an
				individual is reached chronologically on the Priority Waiting List, the
				Division shall notify the individual or legal guardian in writing, or by
				alternate means used by the individual to communicate. In addition, the
				Division will contact the individual or legal guardian to further explain the
				process and discuss CCP and SP services and options.
1. An individual must meet the level of care
				(LOC) requirements for an Intermediate Care Facility for Individuals with
				Intellectual Disabilities to be eligible to enroll in the CCP. Individuals who
				do not meet the LOC requirements will receive services through enrollment in
				the SP.
2. Case management or the
				support coordinator, as applicable, will coordinate the development of a new
				individualized service plan, if needed.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46C - COMMUNITY CARE PROGRAM WAITING LIST PROCEDURES › Subchapter 2 - WAITING LIST PROCEDURES › Section 10:46C-2.4 - Removal from the Priority Waiting List

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an
				individual begins receiving CCP services and has complied with the Division's
				requirement of applying for the CCP and meeting all requirements of eligibility
				for those benefits, the individual's name shall be removed from the Priority
				Waiting List.
(b) If, upon being
				reached on the Priority Waiting List, an individual or legal guardian refuses
				any and all offers for CCP services, the individual's name shall be removed
				from the Priority Waiting List. The Division shall provide written
				notification, or notification by alternate means used by the individual to
				communicate, of the removal from the Priority Waiting List to the
				individual.
(c) If, upon being
				reached on the Priority Waiting List, the individual or legal guardian refuses
				to apply for the CCP or is found ineligible for the CCP, the individual's name
				shall be removed from the Priority Waiting List. The Division shall provide
				written notification, or notification by alternate means used by the individual
				to communicate, of the removal from the Priority Waiting List to the
				individual. In the case of CCP ineligibility,
				N.J.A.C.
				10:46C-2.3(c) shall
				apply.
(d) If, upon being reached
				on the Priority Waiting List, the individual does not elect to enroll in the
				CCP, or is not otherwise eligible for CCP services, the Division will offer the
				individual the option to elect enrollment in the Supports Program, if the
				individual is not already enrolled in SP, and the individual's name shall be
				removed from the Priority Waiting List. The Division shall provide the
				individual, or his or her guardian, with written notification or notification
				by alternate means used by the individual to communicate, of the individual's
				removal from the Priority Waiting List.
(e) An otherwise eligible individual who has
				been removed from the Priority Waiting List may obtain access to CCP services
				in the future, if emergency criteria are present.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46C - COMMUNITY CARE PROGRAM WAITING LIST PROCEDURES › Subchapter 2 - WAITING LIST PROCEDURES › Section 10:46C-2.5 - Emergencies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When an individual begins receiving CCW
				services and has complied with the Division's requirement of applying for the
				CCW and meeting all requirements of eligibility for those benefits, the
				individual's name shall be removed from the Priority Waiting List.
(b) When the Division determines that an
				emergency exists, the individual shall be administratively placed at the top of
				the Priority Waiting List.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46C - COMMUNITY CARE PROGRAM WAITING LIST PROCEDURES › Subchapter 2 - WAITING LIST PROCEDURES › Section 10:46C-2.6 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the individual or legal guardian
				disagrees with the CCP waiting list categorization or the services offered,
				that decision may be appealed in accordance with N.J.A.C. 10:48.
(b) When the regional administrator
				determines that an emergency exists, the individual shall be administratively
				placed on the Priority Waiting List. The effective date on the Priority Waiting
				List shall be the date of the emergency determination.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46C - COMMUNITY CARE PROGRAM WAITING LIST PROCEDURES › Subchapter 2 - WAITING LIST PROCEDURES › Section 10:46C-2.7 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				individual or legal guardian disagrees with the CCW waiting list categorization
				or the services offered, that decision may be appealed in accordance with
				N.J.A.C. 10:48.
(b) Upon the
				initial determination and each determination made thereafter, the individual or
				legal guardian shall be informed, in writing, or by alternate means used by the
				individual to communicate, that he or she has the right to appeal the
				categorization or the appropriateness of the services to be provided. With each
				notification, the individual or legal guardian shall be provided with a
				description of the appeals procedure.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46D - CONTRIBUTION TO CARE AND MAINTENANCE REQUIREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 10:46D-1.1 - Purpose; authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A.
				30:6D-1(P.L. 1995, c. 155), the Division
				of Developmental Disabilities, Department of Human Services (Division) has
				established guidelines and criteria for determining the financial ability of
				persons served and that of their legally responsible relatives to contribute to
				the cost of care and maintenance when the individual receives residential
				services from the Division. The individual is also required to apply for all
				benefits, primarily the Medicaid DDD Community Care Program, for which they are
				eligible and comply with the requirements of this program prior to residential
				placement by the Division. He or she is also required to maintain eligibility
				for these benefits in compliance with the requirements of this
				chapter.
(b) The individual is
				responsible to maintain those benefits. Generally, to remain eligible, the
				individual cannot have more than $ 2,000 in cash assets that are not excludable
				as a resource. The Division's Community Care Program is a Medicaid program,
				which provides Federal financial participation for services. It is, therefore,
				necessary for individuals to apply for the Medicaid DDD Community Care Program
				prior to the receipt of these services, to maximize Federal funds for program
				expansion for individuals not yet being offered services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46D - CONTRIBUTION TO CARE AND MAINTENANCE REQUIREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 10:46D-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of this chapter shall
				apply to all individuals before they are provided residential services from the
				Division, with the exception of those individuals whose services are funded
				through Medicaid fee-for-service in which the State receives a Federal match.
				Individuals residing in residential settings whose services are funded through
				Medicaid fee-for-service in which the State receives a Federal match do not pay
				contribution to care to the Division. All individuals, including those whose
				services are funded through Medicaid fee-for service are responsible to apply
				for the Medicaid DDD Community Care Program and all other benefits for which
				they are entitled. Individuals for whom the provisions of this chapter apply
				are required to submit financial information to determine their ability to
				contribute toward the cost of their placement.
(b) An individual must be determined eligible
				for services under N.J.A.C. 10:46 before the Division can provide residential
				services. For persons over 18 years of age, the individual shall be responsible
				to provide his or her financial information to the Division. For children under
				18, the parents, otherwise referred to as the legally responsible relatives in
				this rule, shall be responsible to provide financial information to the
				Division or its agent.
(c) A
				determination of the ability to contribute is not required for individuals
				residing in supported living arrangements or in private intermediate care
				facilities for individuals with intellectual disabilities (ICF/IID) placements
				not funded by the Division. These individuals are required to apply and
				maintain eligibility for all benefits for which they may qualify and to
				directly use those benefits for expenses of daily living.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46D - CONTRIBUTION TO CARE AND MAINTENANCE REQUIREMENTS › Subchapter 2 - FINANCIAL CRITERIA › Section 10:46D-2.1 - General standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The individual or his or her legally
				responsible relative shall be responsible to apply for the Medicaid DDD
				Community Care Program and to maintain eligibility for these benefits. The
				individual, or his or her legally responsible relative, shall also submit
				complete financial information necessary to assess contribution to care prior
				to placement or the delivery of services by the Division.
(b) The individual, or his or her legally
				responsible relative, shall be responsible to comply with all requirements to
				maintain continued eligibility for the Medicaid DDD Community Care Program
				benefits during the time services are provided by the Division.
(c) At the time of an offer of placement, the
				individual, legal guardian, and/or his or her LRR(s) shall be advised, in
				writing, by Division staff that it will be necessary to apply for the Medicaid
				DDD Community Care Program and all other benefits and to submit financial
				information in order for the Division to determine the ability of the
				individual and/or LRR(s) to contribute to the cost of care.
(d) The ability to contribute shall be
				reevaluated no less than annually, unless changed circumstances warrant more
				frequent evaluation as set forth at
				N.J.A.C.
				10:46D-2.2(i). The
				individual, legal guardian, or other responsible parties shall provide all
				documents requested, including tax returns.
(e) The individual, legal guardian or other
				interested party may choose to manage the person's benefits.
(f) Although the individual is required to
				contribute to the cost of care, those contributions do not cover the full cost
				of care. The individual or other responsible parties remain responsible to
				repay the full cost of care if at some future point the resources become
				available to do so. For example, the Division may seek to recover the full
				costs of care when an individual comes into an inheritance.
1. The Department shall file a lien against
				the real and personal property of the individual or legally responsible
				relative for the full costs of care and maintenance.
2. Should resources become available to repay
				the full cost of care, any amount already paid as contributions shall be
				deducted from the full costs.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46D - CONTRIBUTION TO CARE AND MAINTENANCE REQUIREMENTS › Subchapter 2 - FINANCIAL CRITERIA › Section 10:46D-2.2 - Determination of financial ability to pay

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The individual,
				or his or her legally responsible relative, shall be required to apply for the
				Medicaid DDD Community Care Program and all other benefits and to provide
				financial information, including, but not limited to, assets, resources,
				income, or insurance. The individual, or his or her legally responsible
				relative, shall comply with all requirements of the Medicaid DDD Community Care
				Program and
				N.J.A.C.
				10:46D-1.1 to maintain eligibility for
				benefits.
(b) The individual is
				required to fulfill the obligations under 10:46D-2.2, prior to the provision of
				residential services by the Division.
(c) The Division or its agent shall complete
				the initial assessment. The Division shall conduct the annual reassessment
				unless an agency licensed under N.J.A.C. 10:44A has been designated to collect
				the contribution. If an agency has been designated, the agency shall conduct
				the reassessment.
1. The individual, his or
				her legal guardian or LRR(s), shall authorize the release of information
				necessary to complete the financial assessment and annual reviews, at the time
				of the application for eligibility.
2. All information required to complete the
				financial assessment shall be kept confidential pursuant to 30:4-24.3, except
				to the extent necessary to enforce the obligation to
				contribute.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46D - CONTRIBUTION TO CARE AND MAINTENANCE REQUIREMENTS › Subchapter 3 - TREASURY FORMULA-DDD › Section 10:46D-3.1 - DDD Formula A-DDD(A) for persons over age 18

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Individuals
				over age 18 without financial dependents who have unearned income shall
				contribute in accordance with the following Treasury Formula-DDD(A):
1. Total monthly net income less personal
				needs allowance (PNA) and, where documented, a plan to achieve self-support
				(PASS) = disposable monthly income.
i. Where
				an individual has a PASS, as defined in
				20 C.F.R.
				416.1226, and approved by the Social Security
				Administration, that amount shall be deducted from the total monthly net
				income.
ii. A copy of the PASS, as
				approved by the Social Security Administration, shall be provided to the
				Division by the individual.
iii.
				The PASS may be in effect for 18 months and may be extended for another 18
				months up to an overall limit of 48 months, as approved by the Social Security
				Administration.
iv. The resources
				excluded under the PASS shall be deducted from the total monthly net income for
				the term of the plan, or until there is evidence that the time schedule has
				been completed, or the goal has been achieved, or the plan is not followed or
				the plan has been abandoned.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46D - CONTRIBUTION TO CARE AND MAINTENANCE REQUIREMENTS › Subchapter 3 - TREASURY FORMULA-DDD › Section 10:46D-3.3 - DDD Formula A-DDD(A) for married persons over age 18

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A married
				individual receiving residential services shall use the appropriate Treasury
				Formula-DDD as set forth below:
1. If two
				individuals who are married have no dependents and are living together or
				separately in Division residential placements each individual shall be assessed
				as an individual without dependents pursuant to Treasury Formula-DDD(A) at
				10:46D-3.1.
2. If an individual is residentially placed
				by the Division and has a spouse and/or dependents who live elsewhere and the
				spouse and dependents receive public assistance and/or other Federal or State
				benefits for themselves only, the spouse and/or dependents shall have no
				financial responsibility for the cost of the individual's care and maintenance.
				The individual shall be assessed as an individual without dependents pursuant
				to Treasury Formula-DDD(A) at
				10:46D-3.1.
3. If an individual is residentially placed
				by the Division, and has a spouse who resides elsewhere and the spouse has
				income and the dependents may or may not receive public assistance or benefits,
				the spouse's income shall be assessed pursuant to Treasury Formula-DDD(A)
				10:46D-3.2 above. The individual's
				income and benefits shall also be reviewed to determine past financial support
				to the dependents. If there is no evidence that support has been provided by
				the individual to dependents, the individual's income and benefits shall be
				assessed as an individual without dependents pursuant to Treasury
				Formula-DDD(A) at
				10:46D-3.1.
4. If an individual is residentially placed
				by the Division and has a spouse, who resides elsewhere, and the spouse has an
				income and there are no dependents, the spouse's income shall be assessed
				pursuant to
				10:46D-3.2 above. The individual
				shall be assessed as an individual without dependents pursuant to Treasury
				Formula-DDD(A) at
				10:46D-3.1.
5. If an individual is residentially placed
				by the Division and is financially responsible for a dependent and no public
				assistance or benefits are received on behalf of the dependent, the
				individual's income and benefits shall be assessed pursuant to Treasury
				Formula-DDD(B) at
				10:46D-3.2.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46D - CONTRIBUTION TO CARE AND MAINTENANCE REQUIREMENTS › Subchapter 4 - PROVIDER RESPONSIBILITIES › Section 10:46D-4.1 - Requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division
				may designate the agency licensed under N.J.A.C. 10:44A which services the
				individual to collect room and board directly from the person served.
1. The contract between the Division and the
				agency shall stipulate the terms under which the agency shall collect
				contributions.
2. The agency may
				become representative payee for the individual.
3. Where the agency is not the representative
				payee, the agency shall be responsible to collect the fee directly from the
				individual, legally responsible relative or representative payee.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46D - CONTRIBUTION TO CARE AND MAINTENANCE REQUIREMENTS › Subchapter 5 - TERMINATION › Section 10:46D-5.1 - Notice of termination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) While
				N.J.S.A.
				30:4-25.9 provides the Division with the
				ability to terminate any services to the eligible individual within 90 days if
				the conditions of eligibility are not complied with, when the assessed
				contribution to the cost of care and maintenance is not received in a timely
				fashion, in all instances the Division will take a number of interim steps
				prior to initiating such final action, as delineated in this section.
(b) When the required monthly payment has not
				been received by 60 days past the due date, the Division shall notify, in
				writing, the individual. LRR(s), other responsible parties and, if different,
				the individual's legal guardian, that the payment is at least 60 days past due.
1. The Division shall require all payments to
				be made within 10 days of the date of the notification or negotiate a schedule
				of repayments.
2. If all payments
				due are not received within the 10 day or negotiated period, the Division shall
				notify, in writing, the individual, his or her LRR(s), other responsible
				parties and, if different, his or her legal guardian that the Division may
				initiate termination, collection or other appropriate action. The notice shall
				include information regarding the right to appeal this determination in
				accordance with
				N.J.A.C.
				10:46D-6.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46D - CONTRIBUTION TO CARE AND MAINTENANCE REQUIREMENTS › Subchapter 6 - APPEALS PROCESS › Section 10:46D-6.1 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for an adjustment shall not be
				considered to be an appeal. No adjustment other than those permitted in
				10:46D-3.1(g) shall be permitted. Such requests shall be directed to the
				interdisciplinary team.
(b) Any
				change to unearned income or income from wages shall not be a basis for an
				appeal. Changes to income shall be addressed according to
				N.J.A.C.
				10:46D-2.2(i).
(c) Annual increases to Social Security
				benefits shall not be the basis for an appeal. Such increases will be addressed
				at the time of the annual assessment.
(d) Any request for an appeal shall be made
				within 60 days from the date of the letter notifying the individual, legal
				guardian, or the LRR of the calculated amount, in accordance with the procedure
				set forth below:
1. The request for an appeal
				shall clearly identify the individual receiving services, the provider agency
				or developmental center where the individual resides and the specific issue
				under appeal. The appeal shall specify all material facts that the individual,
				legal guardian or LRR(s) or his or her attorney disputes.
2. Requests for an appeal shall also set
				forth all issues that the individual, legal guardian, or LRR(s) is raising on
				appeal and shall present all arguments on those issues that the individual,
				legal guardian, or LRR(s) wishes the Division to consider. The individual,
				legal guardian, or LRR(s) shall explain in detail why they disagree with the
				calculated amount.
i. If the individual is
				receiving residential services, he or she or the LRR(s) shall be responsible to
				begin to pay the assessed amount unless otherwise agreed to by the
				Division.
ii. The request for an
				appeal shall be sent to:
Administrative Practice Officer
Division of Developmental Disabilities
PO Box 726
Trenton, NJ 08625-0726
3. All termination proceedings shall be
				suspended during the pendency of the appeal process.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 10:47-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to establish licensing
				  requirements, promulgated by the Department of Human Services, for private
				  licensed facilities for the developmentally disabled in New Jersey. Such
				  licensing requirements are necessary in order to protect individuals with
				  developmental disabilities that are placed in a private licensed facility, and
				  to provide for overall improvement in the quality of life for individuals with
				  developmental disabilities residing in private licensed facilities.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 47 - STANDARDS FOR PRIVATE LICENSED FACILITIES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES › Subchapter 10 - LIFE SAFETY › Section 10:47-10.1 - Fire safety

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility
				shall have an annual fire inspection conducted by a State or local fire
				official.
1. A written statement or
				certificate shall be on file at the facility stating that the building(s) are
				satisfactory for occupancy and meet the minimum requirements of the New Jersey
				Uniform Fire Safety Act, and rules promulgated in accordance with that
				Act.
2. Deficiencies noted during
				the inspection shall be corrected within time limits established by the State
				or local enforcement agency.