New Jersey Administrative Code

(a) The rules within this subchapter are designed and intended to provide a framework for provider agencies (PAs) to use when developing a quality assurance (QA) program. The standards set forth in this subchapter require PAs to implement a process of ongoing monitoring and evalu…

(a) An annual appraisal of the QA program shall be conducted by the PA and documented. (b) The annual appraisal shall include review of adequacy of monitoring, evaluation and reporting mechanisms, and evidence of solutions to identified problems. (c) When the PA has developed the…

(a) This subchapter applies to PAs as defined in N.J.A.C. 10:37-9.3. (b) PAs shall implement a QA program which provides an ongoing loop of information about important aspects of care. (c) The standards set forth in this subchapter, when implemented, shall provide PAs with inform…

The words and terms in this subchapter shall have the following meanings, unless the context clearly indicates otherwise: "Adverse medication reactions" means any response to a drug that is unintended, occurring at doses used for prophylaxis, diagnosis or therapy, which demonstra…

(a) The scope, organization, monitoring, evaluation and problem correction activities of the QA program shall be written and will be referred to as the QA plan. (b) The QA plan shall describe an ongoing, systematic process of monitoring and evaluation of important aspects of care…

(a) The QA plan shall be implemented. (b) Data shall be routinely collected from ongoing monitoring activities and periodically evaluated and analyzed, based on thresholds. (c) Documented reports of all ongoing monitoring and evaluation activities shall be produced. When ongoing …

(a) The PA administration shall require and support the QA program. (b) PA administration shall review and approve the QA plan, as part of an annual QA plan review. (c) QA reports shall be made available to the PA administration, as described in the QA plan. (d) The annual apprai…

(a) A committee composed of a representative sample of individuals from the PA's program elements shall perform the function of oversight of organization-wide QA activities. (b) Appropriate oversight functions shall include: 1. Annual review and reappraisal of the QA plan; 2. Rev…

(a) Each QA program shall include a utilization review (UR) component which shall be described in the QA plan. (b) The UR component of the QA program shall include a system, which shall include timeframes for review and which shall monitor the appropriateness of: 1. Admission, fo…

(a) Each QA program shall include a risk management (RM) component which shall be described in the QA plan. (b) The RM component of the QA program shall include the following activities: 1. Monitoring of implementation of PA's policies and procedures regarding medication (for exa…

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "ADA" means the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq. "Agency" means the New Jersey Department of Human Services. "Des…

(a) These rules are adopted by the agency in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 C.F.R. 35.107. (b) The purpose of these rules is to establish a designated coordinator whose duties shall include assuring that the agency com…

In addition to any other advice, assistance or accommodation provided, a copy of the following notice shall be given to anyone who inquires regarding the agency's compliance with the ADA or the availability of accommodation which would allow a qualified individual with a disabili…

(a) The designated coordinator of ADA compliance and complaint investigation for the agency is: ADA Coordinator New Jersey Department of Human Services CN 700 Trenton, New Jersey 08625 (b) All inquiries regarding the agency's compliance with the ADA and the availability of accomm…

A grievance alleging that the agency has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either in writing or orally to the designated ADA coordinator identified in N.J.A.C. 10:4-3.1 within 30 days of the grievant becoming awar…

(a) A grievance submitted pursuant to this subchapter may be submitted in or on the form set forth at N.J.A.C. 10:4-4.3. (b) A grievance submitted pursuant to this subchapter shall include the following information: 1. The name of the grievant and/or any alternate contact person …

The following form may be utilized for the submission of a grievance pursuant to this subchapter: Americans with Disabilities Act Grievance Form Date: ......... Name of grievant: ..................................................................... Address of grievant: ..........…

(a) Upon receipt of a grievance submitted pursuant to this subchapter, the designated ADA coordinator will notify the grievant of the receipt of the grievance and the initiation of an investigation into the matter. The designated ADA coordinator will also indicate a date by which…

(a) The Division of Developmental Disabilities funds services and supports for eligible individuals with developmental disabilities. The Division's mission is to assure the opportunity for individuals with developmental disabilities to receive quality services and supports, parti…

(a) The Division operates as an integral part of the Department of Human Services. (b) Division operations are administered by an Assistant Commissioner, who is appointed by the Commissioner, Department of Human Services. (c) The Assistant Commissioner administers the Division th…

(a) Members of the public may access information regarding the Division on its website at http://www.state.nj.us/humanservices/ddd. In addition, the Division regularly distributes updates about its operations to its stakeholders. Information about how to request to be added to th…

Notes N.J. Admin. Code § 10:40-3.1 Repealed by 48 N.J.R. 648(a), effective 3/21/2016

The purpose of this chapter is to provide a uniform approach to records management that safeguards the confidentiality of client, Division and provider records. Notes N.J. Admin. Code § 10:41-1.1 Amended by R.2010 d.153, effective 7/19/2010. See: 41 N.J.R. 2880(a), 42 N.J.R. 1603…

This chapter applies to all service components of the Division and all providers under contract with the Division or licensed by the Department. Notes N.J. Admin. Code § 10:41-1.2 Amended by R.2010 d.153, effective 7/19/2010. See: 41 N.J.R. 2880(a), 42 N.J.R. 1603(a). Substituted…

The words and terms in this chapter have the following meanings, unless the context clearly indicates otherwise. "Assistant Commissioner" means the Assistant Commissioner of the Division of Developmental Disabilities. "Authorization" means a valid, written authorization on a form…

(a) The Division recognizes its responsibility to protect the confidentiality of the records of individuals in its care. Therefore, all client records, as defined in N.J.A.C. 10:41-1.3, shall be kept confidential in accordance with N.J.S.A. 30:4-24.3, which mandates that all cert…

(a) Only court ordered civil commitments, including records of conviction, and payments of maintenance, shall be considered to be public information. (b) Except as indicated in (a) above, the information in the client record is not public information. The client record is specifi…

(a) The following Division and provider records are considered public when the documents are final. Redaction of information, as defined in N.J.A.C. 10:41-4.3, must occur before release of these records. Division and provider records that are public include: 1. The standard contr…

(a) An individual may be photographed if the photograph is to be used by the Division or provider for internal identification purposes. (b) Written authorization must be obtained from the individual or legal guardian before an individual may be photographed, if the photograph is …

(a) Any client records that are maintained electronically shall be subject to the same requirements in this chapter as records that are maintained on paper. (b) Electronic mail is part of the official record of the Division and its release shall conform to the requirements contai…

(a) All providers, including those under contract with the Division or licensed by the Department, shall secure records of individuals in their care against access, loss, defacement, use and copying by unauthorized persons. (b) The Division's chief executive officer, community se…

(a) Where an individual is placed with a provider under contract with the Division or licensed by the Department, all records specific to that individual, whether generated or obtained by the provider, belong to the Division and shall not be released except by the Division. (b) P…

(a) When providing client records, all individual identifying information regarding individuals other than the individual who is the subject of the request, must be redacted, including, but not limited to, names, initials, and specific descriptions, from all client and agency rec…

(a) An individual currently or formerly receiving services from the Division, or an individual's legal guardian, is entitled to inspect or request a copy of the client record. The Division shall require that the request to inspect the client record be in writing. The Division, or…

(a) All elements of the client record shall be kept confidential and be released only upon receipt of a valid, written authorization or upon judicial order. (b) An individual currently or formerly receiving services from the Division, or an individual's legal guardian, shall rece…

(a) If a valid written authorization is not provided, then a judicial order is required for the release of client records. If staff of the Division or a provider receives a court-ordered subpoena, the recipient shall immediately contact the Division's Legal and Administrative Pra…

(a) The records of a deceased individual who has received services may be released to the administrator or executor. (b) If there is no administrator or executor, records may be released to the next of kin indicated in the client record. A valid written authorization for the rele…

(a) Requests for copies of Division of Child Protection and Permanency (DCP&P) reports involving the investigation of abuse and neglect of individuals served by the Division of Developmental Disabilities shall be referred to DCP&P. (b) Requests for copies of Division of Mental He…

(a) Copies of records that may be released shall be provided in accordance with the provisions of this chapter and upon payment of the fees listed in N.J.S.A. 47:1A-5. (b) Fees may be waived for an eligible individual or his or her family, if it is demonstrated that the payment i…

The purpose of this chapter is to detail the policies and procedures for the utilization of safeguarding equipment and mechanical restraints. Every effort should be made to reduce or eliminate the use of mechanical restraints and safeguarding equipment in favor of less restrictiv…

This chapter applies to components of the Division of Developmental Disabilities, as well as providers regulated by or under contract with the Division. Notes N.J. Admin. Code § 10:42-1.2

For the purpose of this chapter, the following terms shall have the following meanings: "Assistant Commissioner" means the Assistant Commissioner of the Division of Developmental Disabilities. "Authorizing personnel" means a person designated by the chief executive officer, regio…

(a) The Division recognizes that the risk of dangerous behavior may be minimized when the following conditions are made available to the individual: 1. A safe environment, which provides sufficient living area, employs effective sanitary practices, and affords the opportunity for…

(a) The use of safeguarding equipment shall be initiated on the prescription of a physician. (b) A physician shall document in the client record the need for safeguarding equipment and the specific device to be applied. That prescription shall indicate the specific medical condit…

(a) Mechanical restraints may be utilized only as follows:1. As an emergency measure to manage the risks associated with severe forms of inappropriate behavior that endanger the health and safety of the individual or others when other forms of protection are judged to be insuffic…

(a) The use of mechanical restraints and safeguarding equipment are prohibited as: 1. Disciplinary procedures; 2. A form of retaliation or coercion; 3. Measures for the convenience of staff; or 4. Substitutes for skill development efforts, other systematic environmental modificat…

(a) Each facility or service provider requesting approval to utilize mechanical restraints shall submit comprehensive written procedures governing the use of restraint to the Behavior Policy Review Committee. Approval or disapproval of an entity's procedures shall be based on the…