New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM › Subchapter 2 - ELIGIBILITY › Section 10:140-2.1 - Eligibility standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the
				purposes of the Personal Assistance Services Program, an eligible applicant or
				consumer shall meet the following standards, except as noted at
				N.J.A.C.
				10:140-2.2:
1. An eligible applicant or consumer shall be
				18 years of age or older and shall have a permanent physical
				disability;
2. An eligible
				applicant or consumer shall be a resident of the State of New Jersey and must
				reside within the geographic boundaries thereof in order to qualify for
				services. Residency shall be determined by physical domicile in New
				Jersey.
3. An eligible applicant or
				consumer shall be in need of personal assistance services pursuant to a written
				personal assistance services plan, prepared by the applicant or consumer, and
				approved by the staff of the county designated agency;
4. An eligible applicant or consumer shall be
				one who is self-directed and capable of managing and supervising his or her
				personal assistance services, as determined by an assessment conducted by an
				assessor;
5. A relative or other
				informal caregiver is not available to provide the services that the consumer
				needs;
6. An eligible applicant or
				consumer shall live, or plan to live upon becoming eligible, in a private house
				or apartment, group home, educational facility (for example, dormitory or
				campus apartment), rooming or boarding house, residential health care facility
				or an alternative housing arrangement acceptable to the Division for the
				purposes of the Personal Assistance Services Program; and the personal
				assistance services that the eligible applicant or consumer receives are
				supplemental to, and not duplicative of, services provided to the person in the
				rooming or boarding house, group home, educational facility, transitional
				housing or residential health care facility pursuant to licensure requirements.
				Individuals who reside in, or are a patient in a facility or setting where
				personal care services are the responsibility of those entities shall be
				ineligible for the Personal Assistance Services Program. An exception to this
				paragraph may be granted by the Division Director in circumstances where
				personal care services are not being provided by the facility and the
				individual meets all other requirements of this chapter;
7. The attending physician for the eligible
				applicant or consumer shall confirm in writing that he or she has a permanent
				physical disability and is capable of self-direction, and that the personal
				assistance services will be appropriate to meet the eligible applicant or
				consumer's needs; and
8. The
				eligible applicant or consumer shall receive no more than 40 hours per week of
				personal assistance services from the program in combination with any other
				program. Exceptions to this paragraph may be granted by the Division Director
				to individuals who can demonstrate the need for additional hours and
				demonstrate that the absence or loss of the services would constitute a clear
				risk to health and safety.