New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 142 - PERSONAL PREFERENCE PROGRAM › Subchapter 2 - ELIGIBILITY AND PARTICIPANT RESPONSIBILITIES › Section 10:142-2.2 - Participant responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Participants must agree to be the employer of record as defined by the Internal
				Revenue Service (IRS) at Section 3504 of the IRS Code and Revenue Procedure
				70-6f, the Fair Labor Standards Act of 1938 at 29 CFR Part 201, and shall be
				expected to make decisions regarding their services and carry out required
				program activities, which include but are not limited to:
1. Hiring and firing employees within legal
				and regulatory requirements;
2.
				Training and supervising employees;
3. Adhering to all applicable Federal and
				State laws;
4. True, accurate, and
				timely reporting of employee time including completion of timesheets;
5. Setting of employee wages based on
				available funds and within State policy;
6. Determining job tasks and work schedule of
				employees;
7. Creating and managing
				the cash management plan to ensure services are provided within the allocated
				budget and in accordance with the plan and submitted by required
				deadlines;
8. Arranging to obtain
				goods and services, and submitting required documentation for payment of same
				within required timeframes;
9.
				Keeping required records (such as employee timesheets, hospitalization records,
				purchase of goods, supplies, and vendor services, etc.);
10. Accounting for and agreeing to use
				program funds in accordance with the approved cash management plan;
11. Arranging to obtain services, supports,
				and goods from available providers and suppliers;
12. Understanding and following program
				guidelines;
13. Maintaining
				scheduled appointments at required intervals, including, but not limited to,
				home visits and in-home nursing reassessments with a registered nurse employed
				by the State staff or an MCO.
14.
				Maintaining workers' compensation insurance coverage in accordance with
N.J.S.A. 34:15-1
et
				seq.;
15. Informing the Division,
				or other agent thereof, for program purposes, of any change in the
				participant's contact information (such as address/phone number) or Medicaid
				eligibility;
16. Informing the
				Division if the participant is admitted to a medical facility, institutional
				setting, or residential facility within three days of admission;
17. Maintaining compliance with the Fair
				Labor Standards Act (FLSA);
18.
				Participating in a Risk Assessment Profile to evaluate the level of risk
				initially and at periodic intervals;
19. Preparing an emergency back-up plan that
				may be activated in situations in which a regular domestic household
				employee(s) or agency provider is unable to provide needed care;
20. Informing the program consultant in the
				event of a change in coverage afforded by managed care organization (MCO)
				providers; and
21. Participating in
				quality assurance reviews based on a random selection process, to be determined
				by the State program office, in compliance with CMS requirements.