New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 164B - STATEWIDE RESPITE CARE PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 10:164B-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 clearly indicates
				  otherwise.
"Adult day health services facility" means a facility or a
				  distinct part of a facility, which is licensed by the Department of Health
				  pursuant to N.J.A.C. 8:43F to provide preventive, diagnostic, therapeutic and
				  rehabilitative services under medical and nursing supervision to meet the needs
				  of functionally impaired adult participants, who are not related to the members
				  of the governing authority by marriage, blood or adoption, for a period that
				  does not exceed 12 hours during any calendar day.
"Adult family care" means a 24-hour per day living
				  arrangement for persons who, because of age or physical disability, need
				  assistance with activities of daily living and for whom services are rendered
				  in the homes of trained caregivers who are employed by Department of Health
				  licensed adult family care sponsor agencies.
"Applicant" means a functionally impaired person 18 years of
				  age or older who would be at risk of long-term institutional placement if his
				  or her regular caregiver could not continue in that role without the assistance
				  of temporary home and community support services, including respite
				  care.
"Assisted living" means a coordinated array of supportive
				  personal and health services provided by a facility licensed by the Department
				  of Health pursuant to N.J.A.C. 8:36, which are available 24 hours per day, to
				  residents who have been assessed as needing these services, including residents
				  who require formal long-term care.
"Campership" means a day or overnight accredited camp program
				  for functionally impaired adults.
"Caregiver" means a spouse, parent, child, relative or other
				  person who:
1. Is 18 years of age or older;
2. Has the primary responsibility of providing daily care for
				  the eligible person; and
3. Does not receive financial remuneration for the care.
"Commissioner" means the Commissioner of the Department, or
				  his or her designee.
"Co-payment" means financial participation in service costs
				  by the eligible person according to a sliding fee scale established at
				  10:164B-6.2.
"Companion or sitter services" means a non-medical, basic
				  supervision service, which is provided for the eligible person in his or her
				  home on a short-term, intermittent basis.
1. Companion or sitter services are intended for those
				  eligible persons who do not require any personal care assistance, medical
				  assistance or housekeeping services during the time when respite care services
				  are provided.
"Department" means the New Jersey Department of Human
				  Services.
"Eligible person" means an applicant who meets the
				  eligibility criteria as set forth in this chapter.
"Eligible veteran" means a person with a functional
				  impairment arising out of service in the active military or naval service of
				  the United States in any war or conflict on or after September 11, 2001, who
				  has been honorably discharged or released from that service under conditions
				  other than dishonorable, and meets the requirements for total disability
				  ratings for compensation based upon unemployability of the individual as
				  determined by the United States Department of Veterans Affairs.
"Emergency" means providing respite care in the case of a
				  sudden or unexpected event that impairs the ability of the caregiver to
				  continue in that role.
1. Emergencies include, but are not limited to, sudden
				  illness of a caregiver, the caregiver's spouse or children; a natural disaster;
				  a death in the family of the caregiver; or an accident affecting the caregiver,
				  the caregiver's spouse or the caregiver's children.
"Functionally impaired" means the presence of a chronic
				  physical or mental disease, illness, or disability, as certified by the
				  physician, physician assistant, advanced practice nurse or a sponsor-provided
				  assessment team, which causes physical dependence on others, and which leaves a
				  person unable to attend to his or her basic daily needs without the substantial
				  assistance or continuous supervision of a caregiver.
"Homemaker/home health aide services" means services which
				  include personal care, household tasks, and activities provided to eligible
				  persons in their homes.
"Homemaker services" means services which include household
				  tasks and activities provided to recipients in their homes, but shall not
				  include personal care.
"Liquid resources" means any checking accounts, savings
				  accounts, individual retirement accounts, certificates of deposits, stocks, or
				  bonds, that can be converted into cash within 20 working days.
"Nursing facility" means a long-term care facility licensed
				  by the Department of Health under N.J.A.C. 8:39 that provides health related
				  care and services on a 24-hour basis.
"Peer support" means the provision of mutual support services
				  for caregivers involved in the Statewide Respite Care Program.
"Personal care" means services provided by a certified home
				  health aide in assisting a person to attend to his or her bodily needs or
				  functions, including, but not limited to, hygiene, grooming, eating, drinking,
				  bed mobility, ambulation, and toileting.
"Private duty nursing" means hourly service delivered by
				  nursing personnel, licensed in accordance with N.J.A.C. 13:37-5, in the
				  eligible person's home.
"Provider" means a person, public agency, private nonprofit
				  agency, or proprietary agency which is licensed or certified or otherwise
				  approved by the Commissioner to supply any service or combination of services
				  described under "respite" as defined below.
"Residential health care" means short-term placement in a
				  facility, licensed pursuant to N.J.A.C. 8:43-2, which provides food, shelter,
				  supervised health care and related services to four or more persons, 18 years
				  of age or older who are unrelated to the owner or administrator.
"Respite" or "respite care" means the provision of
				  temporary, short-term care for, or the supervision of, an eligible person on
				  behalf of the caregiver in emergencies or on an intermittent basis to relieve
				  the daily stress and demands of caring for the functionally impaired
				  adult.
1. Respite may be provided hourly, daily, overnight or on
				  weekends and may be provided by paid or volunteer staff.
2. The term includes, but is not limited to, companion or
				  sitter services; homemaker services; personal care services; homemaker/home
				  health aide services; adult day health services; short-term inpatient care in a
				  licensed nursing facility, residential health care facility or assisted living
				  residence; adult family care arrangement or overnight camp program; private
				  duty nursing; and peer support and training for caregivers.
"Service plan" means a written document agreed upon by the
				  eligible person, the caregiver and the sponsor, which specifies the type(s),
				  frequency and duration of services to be provided and takes into account other
				  services available to the eligible person and his or her caregiver.
"Social adult day services" means comprehensive social and
				  therapeutic recreational activities in a group setting, with some health
				  monitoring.
1. Clients attending social adult day services programs may
				  not need medical attention during the day, but may require supervision for
				  safety and activities of daily living.
"Sponsor or sponsor agency" means a county or regional
				  agency, either public or private non-profit, which contracts with the
				  Department to administer the local program and arranges for services for
				  eligible persons.