New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 46D - CONTRIBUTION TO CARE AND MAINTENANCE REQUIREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 10:46D-1.3 - 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 clearly indicates
				  otherwise.
"Assets" or "resources" means, but is not limited to, cash,
				  trusts, bank accounts, certificates of deposit, stocks, bonds, mutual funds,
				  real estate and savings bonds, and personal property pursuant to N.J.S.A.
				  30:4-25.1a.
"Assignment" means the written agreement of the individual to
				  give the Department of Human Services the right to receive and collect any and
				  all proceeds due to the individual from such items as insurance policies,
				  annuities and lawsuit settlements.
"Assistant Commissioner" means the Assistant Commissioner of
				  the Division.
"Benefits" means all current and future sources of cash and
				  health assistance from Federal, State, or private entities, including, but not
				  limited to, Medicare, Medicaid, the Medicaid DDD Community Care Program, State
				  and Federal funds, and any third party support pursuant to statute, rule,
				  order, or by contract.
"Burial fund" means an identifiable fund that is clearly
				  designated and set aside for an individual's burial expenses.
"Child" means an individual under 18 years of age.
"Commissioner" means the Commissioner of the State Department
				  of Human Services.
"Consumer Price Index (CPI)" means the measure of the average
				  change in prices over time in a fixed group of goods and services, as issued by
				  the U.S. Department of Labor.
"Cost of care and maintenance" means the daily rate set by
				  the Commissioner of the Department of Human Services for the residential
				  placement of individuals and community care homes (except respite homes)
				  regulated pursuant to N.J.A.C. 10:44B, multiplied by the number of days the
				  individual is, or was, in the placement.
"Dependent" means an individual who meets the State and
				  Federal income tax requirements for being claimed by the individual or the
				  LRR(s) on State and Federal income tax forms.
"Division" or "DDD" means the Division of Developmental
				  Disabilities and its staff.
"Family" means the LRR(s), any dependent minors and any other
				  person(s) who are claimed on the LRR(s)' income tax forms, and the individual
				  receiving Division services.
"Family maintenance standard (FMS)" means the income needed
				  to meet a family's minimum needs. The FMS establishes the lower limit on the
				  charges to the individual and/or the LRR for the individual's care and
				  maintenance.
"Fixed income" means that the person is retired, receiving
				  disability benefits, receiving public assistance or is not otherwise actively
				  employed.
"Income" means wages, benefits, interest earned, pensions,
				  annuity payments, and support from a third party pursuant to statute, rule or
				  order or by contract or any other receipt pursuant to N.J.S.A. 30:4-25.1a(7).
				  Income does not include income earned by an individual receiving services,
				  which is below the minimum wage rate.
"Interdisciplinary team" means an individually constituted
				  group responsible for the development of a single, integrated plan for the
				  individual. The team shall consist of the individual receiving services; the
				  legal guardian, the parents or family member (if the adult desires that the
				  parent or family member be present); those persons who work most directly with
				  the individual served; and professionals and representatives of service areas
				  who are relevant to the identification of the individual's needs and the design
				  and evaluation of programs to meet them.
"Legally responsible relative (LRR)" means a spouse, mother,
				  father or adult child of an individual receiving services who is statutorily
				  responsible for the cost of care and maintenance pursuant to 30:4-66.
"Marginal income" means the total amount remaining after the
				  cost of the FMS is subtracted from the disposable income.
"Medicaid DDD Community Care Program" means the Community
				  Care Program, which is a Medicaid program that allows the State to waive
				  certain Federal Medicaid eligibility criteria for individuals who meet
				  eligibility for Division of Developmental Disabilities services and require an
				  ICF/IID level of care.
"Medical cost standard (MCS)" means the minimum amount needed
				  to meet a family's medical cost. The MCS establishes a maximum limit on the
				  charges to be included in the FMS.
"Other interested party" means representative payee, trustee
				  or executor, or guardian of the property, as applicable.
"Plan to achieve self support (PASS)" means a written course
				  of action approved by the Social Security Administration in accordance with
				  20 C.F.R.
				  416.1226. A PASS allows an individual to set
				  aside income and/or resources for a specified period of time for a work goal.
				  Resources set aside under a PASS are not counted toward the $ 2,000 resource
				  limit for SSI eligibility purposes. If income is set aside under a PASS, it is
				  not counted in determining the SSI benefit payment amount. A PASS may be used
				  to set aside money for education, vocational training, or starting a
				  business.
"Residential placement" means that the individual's living
				  arrangement is funded, fully or partially, by the Division in an appropriately
				  licensed program, including, but not limited to, community residences as
				  defined in N.J.A.C. 10:44A, community care residences, as defined in N.J.A.C.
				  10:44B, private licensed facilities for persons with developmental
				  disabilities, as defined in N.J.A.C. 10:47, and appropriately licensed
				  out-of-State facilities under contract with the Division.
"Supported living" means a form of community residence as
				  defined at 10:44A-1.3 in which the individual is responsible to pay for his or
				  her room and board.
"Termination of services" means action taken by the Division
				  under the circumstances set forth in
				  N.J.A.C.
				  10:46D-5 when an individual, LRR(s) or any
				  other responsible party fails to make the assessed payment.
"Treasury Formula-DDD" means the method used by the Division
				  to determine the financial ability of an individual or LRR(s) to pay for care
				  and maintenance for an individual receiving services, in accordance with
				  N.J.A.C.
				  10:46D-3.
"Unearned income" means income from sources other than wages.
				  This includes, but is not limited to, Social Security benefits, Supplemental
				  Security Income, retirement benefits, trust funds not designated as "special
				  needs trusts" and other sources.