N.J. Admin. Code § 10:140-3.5

Current through Register Vol. 56, No. 17, September 3, 2024

Section 10:140-3.5 - Services

(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 shall be met:

1. Program funds shall not be used for skilled professional medical services, including the supervision of registered nurses. It is not the responsibility of the Personal Assistance Services Program to arrange for or provide skilled nursing, therapy or related medical care and treatment services that the eligible consumer may need;

2. Personal assistance services provided for the purpose of receiving training or education shall not replace or duplicate those services provided by an educational institution as mandated by Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794;

3. Personal assistance services provided at a place of employment shall not replace or duplicate those services or accommodations provided by an employer as mandated by the Americans With Disabilities Act of 1990, P.L. 101-336, 42 U.S.C. § 12111; and

4. Driving or other forms of transportation shall not be permitted exclusively without the need for other health and chore-related services.

(c) Personal assistance services shall be suspended during a period of hospitalization and resumed automatically once the consumer is discharged to the consumer's community residence.

(d) Consumers may be afforded services during a temporary out-of-State stay (such as a vacation or stay at an alternate residence), subject to the following conditions and procedures:

1. Consumers that are planning to leave the State (other than primary New Jersey residence) must inform their county designated agency, a minimum of 48 hours prior to leaving and indicate details pertaining to dates of departure and return and emergency contact information.

2. Employees may accompany their consumer, as determined necessary to leave the State, and may continue to receive payment for services performed accordingly, as indicated under the cash management plan.

3. Any ancillary costs related to an out-of-State trip for consumers and/or employees under (d)2 above, including, but not limited to, airfare, hotel, or vehicle rentals, etc., may not be paid out of Program funds.

4. Consumers are permitted up to a maximum of 30 continuous days for out-of-State stay per request.

(e) Failure to provide requested information as described in (d)1 above may result in a participant's worker(s) not being paid and/or possible termination, due to an inability to verify location and performance of duties under the cash management plan.

(f) Consumers that leave their New Jersey residence for an out-of-State stay without the required notification to their county designated agency pursuant to (d)1 above will be subject to termination retroactive to the date of departure from the State. The consumer will be responsible for any cost of services as of the departure date as a result of non-compliance.

(g) Exceptions to the 30-day maximum as described in (d)4 above, may be granted at the discretion of the Division Director, on a case-by-case basis, according to the following standards and procedures:

1. Requests must be submitted in writing (or other approved electronic communication) to the State Program Administrator at least 30 days prior to leaving the State;

2. The request shall include contact information for the trip (for example, address and telephone number) for emergency purposes and billing of cost share obligation fees, and indicate the expected date of return to the consumer's New Jersey residence;

3. The written request must indicate the reason(s) and/or justification for additional time beyond the 30-day limit;

4. The request must provide for assurances that all planned trip(s) will not present a conflict with required annual Program reassessment; and

5. The consumer must give assurances of his or her intent to return and maintain permanent residence in New Jersey and to maintain program activity requirements for eligibility purposes pursuant to 10:140-1.1(a).

N.J. Admin. Code § 10:140-3.5

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