N.J. Admin. Code § 10:140-3.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:140-3.9 - Suspension of service and termination of service

(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 not exceed a total of 90 days and shall be implemented as follows:

1. County designated agencies shall implement an initial suspension period, not to exceed 60 days, based on a request by an eligible consumer.

2. Prior to completion of the initial suspension period, the eligible consumer may request an extension, not to exceed a total of 90 days.

3. The county designated agency shall review the request for an extension and shall make a determination on whether to grant an extended suspension beyond the initial period or to terminate services. All decisions will be made on a case-by-case basis.

4. At the end of a 90-day voluntary suspension period, the county designated agency shall determine whether the consumer's services are to be resumed or terminated and provide appropriate written notification to the consumer regarding the decision rendered.

(c) Consumers who are terminated from services shall receive written notice from the county designated agency at least 60 days prior to the effective date of the termination. Consumers may receive notice of termination in less than 60 days at the discretion of the county designated agency in those situations described in (e)4, 7, and 8 below.

(d) Terminations may be the result of State-mandated reductions in Program funding to the county designated agency when the county designated agency has no alternative means of supplementing funding for the services.

1. In determining whether services will be terminated, the county designated agency shall consider the current and future availability of alternative means of funding the services.

2. Consumers shall receive written notice of terminations due to State-mandated reductions in Program funding, in accordance with (c) above.

(e) Terminations shall be a result of non-compliance with Program rules and procedures, which include, but are not limited to:

1. Failure to submit information necessary to determine or reaffirm social and financial program eligibility in a timely fashion in accordance with 10:140-3.2 and 3.3(d);

2. Failure to pay the appropriate consumer fee or to sign time sheets as specified in 10:140-4.3(b) and (g), respectively;

3. Failure to comply with the training requirements specified in 10:140-6.1;

4. Abuse or misuse of personal assistance services or personal assistants as verified by the county designated agency;

5. Continued non-acceptance and/or dismissal of personal assistants without proper justification;

6. Failure to meet program eligibility requirements pursuant to 10:140-2.1, unless an exception has been granted in accordance with 10:140-2.2 and 2.3;

7. Failure of the consumer to manage personal situations which result in placing the health or welfare of a personal assistant at increased risk, as determined by the county designated agency; or

8. Duplication of personal assistance services through other service programs or funding sources as verified by the county designated agency.

(f) In determining whether services will be terminated as described in (e) above, the county designated agency shall consider the specifics of the situation, on a case-by-case basis, including, but not limited to, the following factors:

1. The severity of the situation;

2. Any recurrences or patterns in the situation; and

3. The effort and willingness demonstrated by the consumer to resolve the issue or to mediate the problem.

(g) Any willful misrepresentation of Program activity or commission of a fraudulent use of Program services or funds (willful actions, such as falsifying timesheets, failure to disclose loss of Program activity, non-disclosure of entitlement services funded by other Federal programs pursuant to 10:140-2.1(b)8, etc.) will result in an immediate termination from the Program.

1. Commission of any acts described in this subsection shall obligate the consumer to repay the Program for the cost of services. The designated State agency shall notify the consumer in writing, of the need to repay for cost of services and identify the payment amount and time frame and instructions for submission of payment(s).

2. In the event of a non-payment for the cost of services as set forth in (g)1 above, the Division reserves the right to refer the debt amount to a collection agency for further action.

3. Commission of any activities described in this subsection shall result in a lifetime ban from eligibility for the Program. This action is at the discretion of the Commissioner upon recommendation from the Division.

N.J. Admin. Code § 10:140-3.9

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