New Jersey Administrative Code

(a) Members of the public may access information regarding the Division on its website at http://www.nj.gov/humanservices/dds/home/index.shtml. In addition, the Division regularly distributes updates electronically about its operations to its stakeholders. Information about how t…

(a) Pursuant to the provisions of N.J.S.A. 30:4G-13et seq., the Department of Human Services provides support to individuals with permanent physical disabilities in meeting their daily needs for personal care and assistance with activities of daily living in order to live indepen…

The rules of this chapter apply to all activities and persons participating in the Personal Assistance Services Program, including, but not limited to, the designated State contracting agency, applicants, consumers, their employees, county agencies administering the program and v…

(a) Each consumer, and, as appropriate, each applicant: 1. Shall be treated with courtesy, respect, and full recognition of one's dignity, individuality, and right to control one's own household and lifestyle, including the identification and determination of one's own needs, sch…

The following words and terms, when used in this chapter, shall have the following meanings unless the context indicates otherwise: "Administrative hearing" means a hearing held by the Office of Administrative Law (OAL) pursuant to N.J.S.A. 52:14B-9 et seq., and 52:14F-1 et seq.,…

(a) For the purposes of the Personal Assistance Services Program, the target population includes those persons who meet the eligibility standards established in N.J.A.C. 10:140-2.1. (b) Prioritization for service delivery shall be determined by the county designated agency in the…

(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 physic…

(a) Exceptions to the eligibility standards in N.J.A.C. 10:140-2.1(a)1, 6 and 8 may be granted as follows:1. The applicant or consumer must initiate the request for an exception; 2. The county designated agency shall review the request on a case-by-case basis and make a recommend…

(a) Eligible applicants or consumers requesting exceptions shall adhere to the following procedures: 1. Requests for exceptions pursuant to N.J.A.C. 10:140-2.2(a) shall be made in writing, or, where appropriate, verbally or through alternative communication methods; 2. The writte…

(a) Upon applicant inquiry to the county designated agency regarding the Personal Assistance Services Program, county designated agency staff shall obtain information necessary to conduct pre-application screening and shall complete the screening within five working days of appli…

(a) An applicant or consumer may request an administrative review of an agency denial, reduction, suspension or termination of services, denial of a request for an exception, or a failure to act upon a request for services within prescribed time frames. (b) If services received o…

(a) Administrative hearings under this chapter shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. 1. A request for an administrative hearing shall be denied to a consumer who di…

(a) All identifiable personal information regarding applicants or consumers under this program obtained or maintained under this program shall be confidential and shall not be released without the written consent of the applicant or consumer or their authorized agent except as no…

(a) The county designated agency shall arrange for a qualified assessor to perform an in person assessment within 30 days upon receipt of the application package, which includes the following: 1. An Application and Statement of Understanding; 2. An Income Declaration with proof o…

(a) The individual personal assistance services plan shall be designed by the consumer in consultation with the county designated agency to meet his or her individualized needs for personal assistance services. (b) A personal assistance services plan shall include the following: …

(a) The county designated agency shall notify the applicant in writing within 15 days from the date of completion of the assessment regarding the finding of the social and financial assessments performed pursuant to N.J.A.C. 10:140-3.2 and the applicant's right to appeal. (b) If …

(a) Services provided to eligible consumers shall be supplemental to and not duplicative of services available through relatives, other informal caregivers or other service programs. (b) For the purposes of the Personal Assistance Services Program, the following service standards…

(a) Exceptions to the service standards in N.J.A.C. 10:140-3.5(a), (b)2 and 3 shall be: 1. Initiated by the applicant or consumer; 2. Reviewed on a case-by-case basis by the Division; and 3. Consumers have the right to appeal decisions regarding denials of the exception to the se…

(a) Eligible applicants or consumers requesting exceptions shall follow the procedures listed below: 1. Requests for exceptions to N.J.A.C. 10:140-3.5(a) through (c) shall be made in writing; and 2. The written request for an exception shall be made to the Division and shall indi…

(a) Once eligibility for the Personal Assistance Services Program has been established, the consumer retains that eligibility when moving to another county within New Jersey, unless services are terminated pursuant to N.J.A.C. 10:140-3.9. (b) In order to effect a transfer of pers…

(a) Suspension of service may be either voluntary or involuntary. Voluntary suspensions involve situations in which eligible consumers agree to the temporary suspension of services. All other suspensions are considered to be involuntary. (b) Voluntary suspension of service shall …

(a) In using the cash allowance, the consumer shall either: 1. Employ private individuals who are legally determined eligible to work as defined by the Internal Revenue Service (IRS) at I.R.C. § 31.3306(c)(2)-1(a)(2); 2. Utilize the services of a vendor agency that can legally do…

(a) Fees for services under the Personal Assistance Services Program shall be based on an hourly rate determined by the consumer's cash management plan, which is established based upon the consumer's authorized plan of service hours. This number is then converted into a monthly d…

(a) A consumer's cost share obligation for personal assistance services shall only be determined by the gross annual income of the consumer. A consumer will have the responsibility for a cost share obligation only if that consumer's individual annual gross income exceeds the appl…

(a) Adjustments in consumer cost share obligation shall be based on verifiable expenses that result from the consumer's disability that are non-routine in nature and are due to unforeseen and emergent circumstances. Items that can be considered for reduction of cost share shall b…

(a) A consumer requesting adjustments in consumer fees shall submit a written request and justification to the county designated agency. Within 60 days following the date that the required forms for completing the adjustment are received by the consumer from the county designated…

(a) All persons desiring to serve as personal assistants under the Personal Assistance Services Program shall be at least 18 years of age or of age to obtain working papers. (b) Personal assistants are considered to be domestic household employees as defined by the Internal Reven…

(a) Newly eligible consumers for the Personal Assistance Services Program shall complete one mandatory training course entitled Orientation to PASP to be offered by the designated training agency, under contract with the Division. Consumers who have been previously trained may at…

Notes N.J. Admin. Code § 10:140-6.2 Recodified from N.J.A.C. 10:140-6.3 and amended by R.2012 d.079, effective 4/16/2012. See: 43 N.J.R. 2551(a), 44 N.J.R. 1262(b). Rewrote the section. Former N.J.A.C. 10:140-6.2, Waivers to training requirements for personal assistants, repealed…

(a) The rates of compensation for attendance at all training courses offered under the Personal Assistance Services Program shall be established by the designated State agency at a standardized rate. (b) Personal assistants shall be issued a stipend upon completion of training re…

Notes N.J. Admin. Code § 10:140-6.4 Recodified to N.J.A.C. 10:140-6.3 by R.2012 d.079, effective 4/16/2012. See: 43 N.J.R. 2551(a), 44 N.J.R. 1262(b). Section was "Compensation for attendance at training courses".

(a) The fiscal intermediary service organization shall abide by all laws and regulations concerning employment of persons hired to administer or work in the Personal Assistance Services Program including, but not limited to, the Rehabilitated Convicted Offenders Act, N.J.S.A. 2A:…

(a) Under the direction of the designated State agency, the county designated agency serves in the role of a coordinator providing primary front-line support and guidance to consumers, and shall perform the following duties: 1. Ensure that the operation and performance of the cou…

Notes N.J. Admin. Code § 10:140-7.3 Amended by R.2012 d.079, effective 4/16/2012. See: 43 N.J.R. 2551(a), 44 N.J.R. 1262(b). Rewrote (a)5; in (b)1, substituted "19" for "21", and deleted "one from each county in New Jersey and" following "Commissioner,"; rewrote the introductory …

(a) A county designated agency may be disqualified from participation in Personal Assistance Service Program funding for good cause including, but not limited to, the following: 1. Failure or refusal to comply with program rules and/or contract requirements; or 2. Refusal to furn…

If the designated State agency seeks to disqualify a county designated agency from participation in the Personal Assistance Services Program for failure to comply with N.J.A.C. 10:140-7.4(a)1 and 2, said county designated agency shall be afforded an opportunity to request an admi…

The purpose of this chapter is to provide information about the operation of the Traumatic Brain Injury Fund, establish criteria for eligibility, and establish a standard methodology for determining the amount and type of supports and services to be allocated to individuals in th…

(a) The Fund is the payer of last resort. Payment shall be made only for those supports where no other benefit, funding, insurance coverage, subsidy, or other source of payment is available and when documentation can be rendered to show a need and a link to the habituation of the…

(a) The following is a list of eligible supports and services that will be considered for sponsorship under the Fund: 1. Service coordination, defined as intensive assistance with resource coordination and advocacy. Only a credentialed care manager with experience in brain injury…

(a) The following list represents ineligible goods, services, and other items that will not be considered for assistance from the Fund: 1. Acute medical care or emergency medical treatment; 2. Motor vehicles or automobiles; 3. Recreational drugs, alcohol, or any illegal substance…

(a) The Fund shall utilize the following procedure where emergency services are requested under the Fund. 1. Emergency services shall be considered in circumstances where there is a request to the Fund that cannot be heard according to the provisions of N.J.A.C. 10:141-1.7. 2. Em…

(a) In accordance with N.J.S.A. 30:6F-7, the Division of Disability Services in the Department of Human Services shall prepare an annual report on the status of the Fund. The report shall include the following information: 1. The number of beneficiaries; 2. The average expenditur…

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Applicant" means a person who is seeking service(s) from the Fund. "Beneficiary" means a person receiving service(s) from the Fund. "Case ma…

(a) The following procedures and methods will be used for the administration of the Fund: 1. The Division of Disability Services shall administer the Fund for the Department. 2. A committee known as the TBI Fund Review Committee shall be established within the Division of Disabil…

(a) Services provided to an individual by the Fund will not exceed a lifetime total of $ 100,000. (b) Expenditures for an individual shall not exceed $ 15,000 to be expended in any 12-month period, known as a funding year. (c) An applicant may apply to the Fund for a waiver of th…

(a) Applicants to the Fund must meet the following eligibility requirements. Responsibility for adherence to the criteria shall be vested with the Division Director, and shall remain an administrative function of the Division: 1. Clinical requirements: i. The applicant has surviv…

(a) The following process shall be used to apply for assistance under the Fund: 1. An individual shall contact 888-285-3060 for an application to the Fund. i. Following an initial screening to determine that the prospective applicant meets basic eligibility criteria for the Fund,…