Title 30, Title 30: INSTITUTIONS AND AGENCIES

30:6D-36. Family Support System 4. a. There is established in the Division of Developmental Disabilities in the Department of Human Services a Family Support System to create flexible supports designed to strengthen and promote families who provide care within the family home for…

30:6D-37. Administration of system 5. a. The system shall be administered by the Division of Developmental Disabilities in the department, in conjunction with a coordinator working under the direction of the Developmental Disabilities Council who shall be a person qualified by tr…

30:6D-38. Family support planning councils 6. Family support planning councils shall be established on a regional basis and shall work to expand and establish family support services in their region. Family support planning councils shall provide an opportunity for the public to …

30:6D-39. Allocation of monies, existing rights, entitlements, services not supplanted 7. a. No more than 10% of the monies available for the purposes of this act shall be allocated for administration of the system. b. The department and any publicly funded agency which provides …

30:6D-4 Rights unaffected by admission, residence, receipt of services. 4. No person with a developmental disability shall be presumed to be incapacitated or shall be discriminated against or shall be deprived of any constitutional, civil, or legal right solely by reason of admis…

30:6D-40. Services considered State benefit 8. Notwithstanding the provisions of any law to the contrary, the family support services provided pursuant to this act shall be considered a State benefit and shall not be counted as income for the purposes of State taxation or eligibi…

30:6D-41. Rules, regulations 9. The Commissioner of Human Services shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to effectuate the purposes of this act, including designating the regions for the …

30:6D-42. Preparation, submission of plan to eliminate waiting list 2. a. The Commissioner of Human Services shall prepare and submit a plan to the Governor and the Legislature within 180 days after the effective date of this act to eliminate the current and future Division of De…

30:6D-42.1 Federal Medicaid waivers for persons with developmental disabilities; application, determination. 1. a. The Commissioner of Human Services, in conjunction with the Director of the Division of Developmental Disabilities, shall apply for such Home and Community-Based Ser…

30:6D-42.2 Report issued upon approval of waiver; contents, public hearing. 2. a. Upon approval of the waiver by the federal government, the Commissioner of Human Services, in conjunction with the Director of the Division of Developmental Disabilities, shall issue a report to the…

30:6D-43 Short title. 1. This act shall be known and may be cited as the "Division of Developmental Disabilities Community Placement and Services Assessment Act." L.1998,c.40,s.1.

30:6D-44 Findings, declarations relative to assessment on intermediate care facilities. 2. The Legislature finds and declares that: a. It is in the public interest to generate revenue to be used by the Division of Developmental Disabilities in the Department of Human Services to …

30:6D-45 Definitions relative to assessment on immediate care facilities. 3. As used in this act: "Commissioner" means the Commissioner of Human Services. "Gross revenue" means all revenue received by an ICF-DD from patients or third parties, including, but not limited to, person…

30:6D-46 Payment of annual assessment. 4. a. Beginning July 1, 1998, except as provided in subsection b. of this section, all ICF-MRs in the State shall annually pay an assessment of 5.8% annually of gross revenue. This assessment shall be paid on a quarterly basis to the Directo…

30:6D-47 Submission of gross revenue reports. 5. An ICF-MR shall submit appropriate gross revenue reports to the Director of the Division of Revenue on a quarterly basis. The Director of the Division of Revenue shall develop procedures, forms and appropriate time lines for an ICF…

30:6D-48 Failure to pay assessment; penalty. 6. An ICF-MR that fails to pay the assessment imposed under this act when due, shall be liable to a penalty of 10% on the amount of the underpayment of the assessment. In addition, the ICF-MR shall pay interest at the rate of 6% per mo…

30:6D-49 Set-off of reimbursement payment. 7. If an ICF-MR fails to pay an assessment for two or more quarters, the Director of the Division of Revenue shall seek to set off so much of the Medicaid reimbursement payment which is due the ICF-MR as is necessary to satisfy the indeb…

30:6D-5 Rights of persons receiving services for persons with developmental disability at facility. 5. a. No person receiving services for persons with developmental disabilities at any facility shall: (1) be subjected to any corporal punishment; (2) be administered any medicatio…

30:6D-5.1 Short title. 1. This act shall be known and may be cited as "Danielle's Law." L.2003,c.191,s.1.

30:6D-5.10 Compliance by licensee required. 4. a. The Department of Human Services shall require a licensee, as a condition of maintaining a license to operate a community care residence, to comply with the following provisions: (1) A licensee shall, annually, undergo an examinat…

30:6D-5.11 Provisional license. 5. a. The department may issue a provisional license to operate a community care residence, not to exceed a three-month period, during which time the licensee shall demonstrate the ability to comply with the provisions of this act and the licensing…

30:6D-5.12 Provision of written report by case manager. 6. a. A case manager conducting a visit to an individual with a developmental disability residing in a community care residence, in accordance with section 8 of P.L.1983, c.524 (C.30:6D-20), shall, upon completion of the vis…

30:6D-5.13 Visit by supervisor of case manager. 7. The supervisor of a case manager shall, over a three-year period, visit 100 percent of the individuals with developmental disabilities who are assigned to the case manager and residing in a community care residence, except that i…

30:6D-5.14 Notice to licensee. 8. Before taking negative licensing action pursuant to this act, the department shall give notice to a licensee personally or by mail to the last known address of the licensee with return receipt requested. The notice shall afford the licensee the o…

30:6D-5.15 Compilation of data by Special Response Unit. 11. The Special Response Unit shall compile data about any investigation conducted as a result of a report made pursuant to section 3 of P.L.2010, c.5 (C.30:6D-75), concerning abuse, neglect, or exploitation of an individua…

30:6D-5.16 Submission of report by provider of day program. 12. a. A provider of a day program for individuals with developmental disabilities shall submit to the division a copy of its monthly report of individuals with developmental disabilities who reside in community care res…

30:6D-5.17 Power to take individual into protective custody. 13. a. A physician examining or treating an individual with a developmental disability residing in a community care residence or the chief executive officer, or his designee, of a hospital or similar institution to whic…

30:6D-5.18 Certain information omitted from habilitation plan. 14. a. An agency or organization that causes a written, individualized habilitation plan to be developed pursuant to section 10 of P.L.1977, c.82 (C.30:6D-10), on or after the effective date of this act, for an indivi…

30:6D-5.19 Rules, regulations. 15. The Commissioner of Human Services shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to carry out the provisions of this act. L.2012, c.69, s.15.

30:6D-5.2 Definitions relative to staff working with persons with developmental disabilities, traumatic brain injury. 2. As used in this act: "Commissioner" means the Commissioner of Human Services. "Department" means the Department of Human Services. "Facility for persons with d…

30:6D-5.3 Responsibilities of staff at facility for persons with developmental disabilities, traumatic brain injury. 3. a. A member of the staff at a facility for persons with developmental disabilities or a facility for persons with traumatic brain injury or a member of the staf…

30:6D-5.4 Violations, penalties. 4. a. Any member of the staff at a facility for persons with developmental disabilities or for persons with traumatic brain injury, and any member of the staff at a public or private agency, who violates the provisions of section 3 of P.L.2003, c.…

30:6D-5.5 Record of violations. 5. The department shall maintain a record of violations of the provisions of section 3 of this act, which shall be included in the criteria that the department considers in making a decision on whether to renew the license of a facility or whether …

30:6D-5.6 Rules, regulations. 7. The Commissioner of Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary to effectuate the purposes of this act. L.2003,c.191,s.7.

30:6D-5.7 Findings, declarations relative to individuals with developmental disabilities. 1. The Legislature finds and declares that: a. There are hundreds of community care residences in the State in which an adult or family secures a license from the Department of Human Service…

30:6D-5.8 Definitions relative to individuals with developmental disabilities. 2. As used in this act: "Alternate" means a person 18 years of age or older who assumes the responsibility of a licensee when the licensee is absent from a community care residence. "Authorized family …

30:6D-5.9 Rules concerning licensed community care residence. 3. A community care residence licensed by the Department of Human Services pursuant to N.J.A.C. 10:44B-1.1 et seq. shall be subject to the following provisions: a. If, as a result of an annual inspection of a community…

30:6D-50 Assessment considered allowable cost for Medicaid reimbursement. 8. Excluding any interest and penalty, the assessment imposed by this act shall be considered an allowable cost for Medicaid reimbursement purposes. L.1998,c.40,s.8.

30:6D-51 Division of Development Disabilities Community Placement and Services Fund. 9. a. The State Treasurer shall establish the Division of Developmental Disabilities Community Placement and Services Fund in the Department of the Treasury. All monies collected from the assessm…

30:6D-52 Portions of act severable. 10. If any part of this act is found by a court of competent jurisdiction to be invalid, unconstitutional, or otherwise in violation of federal law or regulations, that portion of the act shall be of no force and effect, and all other portions …

30:6D-53 Nullification. 11. If the federal government alters the law to prohibit the use of provider assessments to generate a matching amount from Medicaid, this act shall be nullified. L.1998,c.40,s.11.

30:6D-54 Imposition of health care related fee, assessment, tax prohibited. 12. Notwithstanding any provision of law to the contrary, there shall be no health care related fee, assessment or tax as defined in 42 CFR s.433.55 imposed on any ICF-MR by any State board, bureau or age…

30:6D-55 Rules, regulations. 13. The State Treasurer, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act and to comply with the requirements of Pub.L.104-193; except that, …

30:6D-56 Short title. 1. This act shall be known and may be cited as the "New Jersey Autism Biomedical Research Act." L.1999, c.105, s.1; amended L.2007, c.168, s.1.

30:6D-57 Findings, declarations relative to autism. 2. The Legislature finds and declares that: a. Autism and autism spectrum disorders are biologically-based developmental disorders which cause severe impairments in language and communication and generally manifest in young chil…

30:6D-58 Definitions relative to autism. 3. As used in this act: "Autism" includes autism spectrum disorders to the extent determined by the council to be appropriate. "Center" means the Center of Excellence for Autism established pursuant to this act. "Council" means the "Govern…