N.J. Admin. Code § 10:140-3.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10:140-3.3 - Individual personal assistance services plan and cash management plan

(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:

1. A list of the personal assistance services to be provided;

2. An estimate of the time needed and frequency of personal assistance services;

3. A list of individuals and/or vendors who will provide the services denoted in (b)1 above; and

4. An assessment of any cost share for which the consumer is to be responsible.

(c) The individual personal assistance services plan shall serve as the template for the creation of a consumer's cash management plan. The CMP shall serve as a budgetary document to show how a consumer's monthly cash allowance shall be utilized to meet the consumer's needs. A CMP must include at least:

1. The monthly cost and frequency of each service listed in (b)1 above;

2. The rate of pay that each individual or vendor named in (b)3 above; and

3. Other expenses that are mandated by the program as defined in 10:140-4.3(d) and 6.1(g).

(d) The county designated agency shall ensure that a social and financial reassessment is completed at 12-month intervals, or as often as necessary, commencing with the date of acceptance to the program. The social and financial reassessment shall be completed as follows:

1. The social reassessment shall be completed to determine if the consumer continues to meet the eligibility criteria pursuant to 10:140-2.1; and

2. The financial reassessment shall be completed to determine if the consumer is liable for cost share responsibilities, pursuant to 10:140-4.3.

(e) The consumer shall use no more than the monthly cash allowance authorized by the county designated agency pursuant to the approved cash management plan at (a) and (b) above. Cash allowance awarded to a consumer that remains unused after the end of the fiscal year shall not accrue to the future use or benefit of that consumer, except to provide additional or emergency service hours. Requests from program consumers to use unspent funds to purchase additional service hours shall not be subject to appeal.

(f) Adjustments to increase the consumer's cash allowance shall be considered upon the request of the consumer, or shall be initiated upon the authorization of the county designated agency, subject to the availability of funding within the county designated agency.

(g) A consumer shall have only one active CMP at a time, but may revise their CMP monthly to adjust for changing needs.

(h) Cash management plans shall be developed by the consumer in consultation with the county designated agency, but shall not be considered to be active until approved by the State Program Administrator pursuant to (b) and (c) above.

(i) Consumers may be subject to suspension from the Program for failure to utilize their cash allowance in excess of a 60-day period or greater.

1. The county designated agency shall monitor the utilization of the cash allowance by the consumer, on a monthly basis, and provide necessary guidance to ensure that funds are being spent in accordance with Program requirements.

2. The county designated agency shall inform the designated State agency of any consumer non-compliance with this subsection and determine necessary action to ensure that Program funds are spent.

N.J. Admin. Code § 10:140-3.3

Amended by 48 N.J.R. 1818(b), effective 9/6/2016

Amended by 56 N.J.R. 261(a), effective 2/20/2024