New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 37A - LICENSED COMMUNITY RESIDENCES FOR ADULTS WITH MENTAL ILLNESSES › Subchapter 1 - GENERAL PROVISIONS › Section 10:37A-1.2 - 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.
"Accrediting body recognized by DOH" means an organization
				  that accredits mental health programs that is recognized by the Department for
				  deemed status purposes. These organizations include, but are not limited to,
				  the Joint Commission, the Council on Accreditation of Family Services Agencies
				  (COA), the Council on Accreditation of Rehabilitation Facilities (CARF), and
				  the National Commission on Quality Assurance (NCQA).
"Advance directive for mental health care" or "psychiatric
				  advance directive" means a writing executed in accordance with the requirements
				  of the New Jersey Advance Directives for Mental Health Care Act, N.J.S.A.
				  26:2H-107 et seq.
"Commissioner" means the Commissioner of the Department of
				  Human Services.
"Conditional license" means a licensing action indicating
				  that although certain prompt corrective actions in existing community
				  residences are necessary before a full license can be issued, sufficient
				  compliance exists to confer operational authority upon the licensed
				  provider.
"Consumer " means a person diagnosed with a mental illness
				  who is a resident of a licensed supervised housing unit or a shared supportive
				  housing unit.
"Consumer service agreement" means a written agreement
				  between the PA and consumer that includes responsibilities of both the PA and
				  the consumer and that meets the requirements of N.J.A.C. 10:37A-4.2.
"Crisis intervention" means face-to-face, short-term
				  interventions with a consumer who is experiencing increased distress and/or an
				  active state of crisis. Crisis intervention also includes developing and
				  implementing the consumer's crisis contingency plan and/or advance directive
				  for mental health care.
"DCN&L" means the Division of Certificate of Need and
				  Licensing within the Health Services Branch of the Department of Health.
"Deemed status" means that status granted to a supervised
				  housing program that has received accreditation by an accrediting body
				  recognized by DOH . In effect, DOH, through the granting of deemed status,
				  substitutes the standards of the accrediting body for certain selected
				  Department program standards.
"Department" means the New Jersey Department of Human
				  Services.
"DOH" means the New Jersey Department of Health.
"Discharge" means, with reference to supervised residences
				  in single detached homes, apartments, and family care homes, the process
				  through which a consumer permanently vacates the physical premises and services
				  to that consumer have ceased, for any of the reasons delineated at
				  10:37A-11.2. In the context of a
				  shared supportive housing residence subject to a lease agreement, discharge
				  means either:
1. That the consumer has
				chosen to leave the premises; or
2.
				That the consumer was removed from the premises through eviction procedures
				under New Jersey landlord/tenant law.
"Division" or "DMHAS" means the Division of Mental Health
				  and Addiction Services, in the Department, or a departmental unit or a
				  contracted provider or other entity designated by the Division to perform
				  administrative tasks; for example, an entity authorized to evaluate candidates
				  for eligibility for rental subsidies, to certify that housing is habitable, or
				  to pre-authorize the delivery of or payment for community mental health
				  rehabilitation services.
"Dwelling unit" means a single unit providing complete,
				  independent living facilities for one or more persons living as a single
				  housekeeping unit, including permanent provisions for living, sleeping, eating,
				  cooking and sanitation.
"Emergency response services" means the implementation of
				  the PA's written emergency policies and procedures focusing on immediate
				  consumer and staff safety. Examples include, but are not limited to, provision
				  of behavior management techniques, request for outside assistance, and
				  providing cardiopulmonary resuscitation (CPR) and first aid. Behavioral
				  management techniques include positive and negative reinforcement, but exclude
				  physical and chemical restraint, aversive conditioning, and punishment.
				  Emergency response services shall be documented and shall be supported by such
				  policies and procedures that require adequate responses to emergent
				  situations.
"Exclusion" means the immediate and temporary removal of a
				  consumer from a supervised residence, when, in the discretion of the PA, the
				  individual's behavior presents a substantial, immediate threat to the physical
				  safety or to the emotional or psychological wellness of other consumers. The
				  consumer may be prevented from returning until the substantial, immediate
				  threat has been obviated.
"Family care home" means a private home or apartment in
				  which a home supervisor who is not an employee of the PA and is not related to
				  any consumer living in the home who resides and provides housing and services
				  to as many as three consumers who also reside in the home (except that
				  residences where four consumers resided in the home prior to January 3, 2005,
				  shall be considered family care homes). The PA provides or arranges for the
				  provision of the level of services commensurate with residential settings also
				  known as "Level D" to the consumer and consultation to the home supervisor
				  pursuant to a services agreement.
"Health care monitoring and oversight services" means
				  face-to-face visits in supervised housing by a registered nurse with each
				  consumer every 90 days in the consumer's residence that provides an assessment
				  of the consumer's health, a determination of medical services and medical
				  referrals needed by the consumer, and direction to staff; assistance with
				  scheduling, transportation, or monitoring of medical appointments and the
				  treatment recommendations made by health care providers; and assistance with
				  following treatment recommendations and coping with medical conditions. For
				  example, for a consumer with diabetes, this assistance may include monitoring
				  blood sugar levels on a daily basis and assisting the consumer with adjusting
				  diet, activities, or medication when the glucose level is out of the acceptable
				  range as determined by the physician or nurse supervising the treatment.
"Individualized rehabilitation plan" or "IRP" means a
				  document that is developed in partnership with the consumer that sets forth
				  goals and objectives that will lead to recovery and independence; identifies
				  internal and external resources to support the consumer's recovery and
				  independence; and identifies concrete skills the consumer will develop and
				  actions the consumer will take to meet those goals, with the assistance of and
				  participation in programs, interventions, and supports offered by licensed
				  professionals, natural supports, or PAs, or a combination of these
				  resources.
"Level A+ Care" means, regarding licensed supervised
				  residences in single dwelling units, homes, or apartments, services are
				  available to consumers in the supervised residence or in a community setting 24
				  hours per day, seven days per week, and delivered by the PA licensed to operate
				  the residence. This includes awake, overnight staff coverage. These services
				  are provided on-site when a consumer is home. Services need not be available
				  when no consumer is at home. In apartments, Level A+ care may be provided for a
				  cluster of apartments by staff stationed in a nearby apartment, as opposed to
				  having staff stationed in each apartment.
"Level A Care" means, regarding licensed supervised
				  residences in single detached homes or apartments, community mental health
				  rehabilitation services are available to consumers in the supervised residence
				  or in a community setting for 12 or more hours per day (but less than 24 hours
				  per day), seven days per week, delivered by the PA licensed to operate the
				  residence. Services need not be available when no consumer is at home. In
				  apartments, Level A care may be provided for a cluster of apartments by staff
				  stationed in a nearby apartment, as opposed to stationed in each
				  apartment.
"Level B Care" means, regarding licensed supervised
				  residences in single detached homes or apartments, community mental health
				  rehabilitation services are available to consumers in the supervised residence
				  or in a community setting for at least four hours per day (but less than 12
				  hours per day), seven days per week.
"Level D Care" means, regarding licensed family care homes,
				  community mental health rehabilitation services are available to consumers in
				  the family care home 24 hours per day, pursuant to a Family Care contract with
				  the Division.
"Protected health information" means any information,
				  written, electronic, or verbal, that identifies an individual as a recipient of
				  physical or mental health services, including information about program
				  participation, diagnosis, treatment, or interventions offered or used by or
				  known to the PA to assess, treat, or prevent an illness or condition.
"Provider agency" (PA) means a public or private organization
				  that has a mental health service contract with the Division and has been
				  licensed by DOH to provide shared supportive housing residences, supervised
				  residences, and services required by this chapter to individuals 18 years of
				  age and older.
"Registered professional nurse (RN)" means a person who is
				  licensed by the State of New Jersey as a professional nurse pursuant to
				  45:11-26 et seq.
"Residential counseling" means verbal interventions provided
				  to consumers and families to assist the consumer in accessing and utilizing all
				  planned or needed services. It may include problem-solving, advice,
				  encouragement, and emotional support to enhance stability in the living
				  arrangement.
"Shared supportive housing residence " means any dwelling
				  unit in which three or more individuals reside and whose occupancy is based on
				  a diagnosis of serious mental illness and for which each consumer signs a lease
				  or sublease, may sign a consumer service agreement and a consumer rental
				  subsidy agreement, and may receive community mental health rehabilitation
				  services from a PA. The consumer, not the PA, is responsible for mortgage/lease
				  payments, safety, cleanliness, and property protection, and bears the
				  responsibility for those aspects of residential living. The consumer has the
				  key to the home and has control over access to it. No lease or residential
				  agreement shall contain the provision of mandatory mental health program
				  participation as a requirement for the consumer to maintain housing. The
				  provisions of N.J.A.C. 10:37A-11 shall not apply to consumers in shared
				  supportive housing residences; eviction shall only occur if it comports with
				  the State landlord and tenant laws.
"Supervised residence" means any community residential
				  facility that provides food, shelter, rehabilitation, and support under such
				  level of care as required, to not more than 15 persons, 18 years of age or
				  older, with mental illnesses who require assistance, temporarily or
				  permanently, in order to live independently in the community. Consumers in
				  supervised residences shall sign a consumer service agreement. Agencies
				  operating supervised residences shall be licensed by DOH and shall have an
				  approved purchase of service contract (or an affiliation agreement if the
				  requirement for a contract is waived by the Division) pursuant to the
				  Department's contract rules, N.J.A.C. 10:3-3, and this chapter. Supervised
				  residences may take the form of a single detached home, an apartment, or a
				  family care home. These residences are not considered health care facilities
				  within the meaning of the Home Care Facilities Planning Act, P.L. 1971, c. 136
				  (N.J.S.A. 26:2H-1 et seq.) and are limited to Level A+, A, and B housing and
				  family care homes ("Level D").
"Termination" means the discontinuation of supportive housing
				  services.
"Valued life role" means an individually chosen adult role,
				  desired by individuals and respected by society, such as worker, professional,
				  employee, volunteer, student, spouse/partner, parent, or homemaker.
"Wellness and Recovery Action Plan (R) (WRAP (R))" means an
				  evidence-based program that provides consumers with the tools to manage their
				  own recovery. "Wellness and Recovery Action Plan" and "WRAP" are registered
				  trademarks of Mary Ellen Copeland.
"Wellness and recovery support" means assistance in
				  exploring valued life roles, and inspiring the consumer to work toward assuming
				  a valued role by instilling hope and exposing him or her to possibilities and
				  other consumers who have achieved success in various valued roles. It includes
				  assisting the consumer in exploring and establishing goals that promote healthy
				  lifestyles and wellness. It includes assisting the consumer in choosing a
				  valued role that interests him or her and articulating the means of achieving
				  success in that role through development and revision of the individual
				  recovery plan. It also includes providing ongoing assessment and dynamic
				  supports, as well as soliciting and coordinating varied supports from outside
				  the residential service toward this end.