N.J. Admin. Code § 10:141-1.2

Current through Register Vol. 56, No. 21, November 4, 2024
Section 10:141-1.2 - Definitions

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Applicant" means a person who is seeking service(s) from the Fund.

"Beneficiary" means a person receiving service(s) from the Fund.

"Case management" means the administrative responsibility for oversight of the Fund beneficiary's service plan. Case management is a mandatory service component for initial applicants and recipients of Fund service(s).

"Council" means the New Jersey Advisory Council on Traumatic Brain Injury.

"Department" means the New Jersey Department of Human Services.

"Division" means the New Jersey Division of Disability Services.

"Eligible supports and services" means those goods and services that are reimbursable under the Fund. Eligible supports and services shall be directly related to the functional limitations and symptoms associated with the brain injury, or medical treatment related to the brain injury. A beneficiary may, within the financial limits of the program, receive multiple supports simultaneously.

"Excluded assets" are assets that are excluded from consideration for Fund service(s). Excluded assets include the home occupied by the individual as his or her principal residence, one automobile necessary for the transportation of the applicant/beneficiary, personal effects, and household goods. Financial instruments recognized by the United States Internal Revenue Service for the purpose of retirement shall be considered excluded assets. These include 401k Plans, IRAs, and similar such instruments.

"Fund" means the Traumatic Brain Injury Fund.

"Funding year" is defined as the continuous 12-month period that begins the day after the Committee renders a decision on an applicant's/beneficiary's support plan.

"Immediate family" is defined as:

1. Biological or adoptive parent(s) or other persons who have been legally determined to be financially responsible for an applicant/beneficiary who is under the age of 18; or

2. Persons who have been legally determined to be financially responsible for an applicant/beneficiary who is over the age of 18, including a legally recognized partner.

"Liquid assets" are assets that are convertible to cash within 30 days. Liquid assets include checking and savings accounts, stocks, bonds, treasury notes and similar instruments.

"Order of selection" is defined as the criteria utilized by the Traumatic Brain Injury Fund Review Committee to establish priority for applicants to receive services in the event that the financial resources of the Fund are limited.

"Practitioner" is an individual who is trained and or credentialed to render a service for payment. The person must also hold a credential by a recognized regulatory body or hold membership in good standing in a professional organization related to the service for which the professional is to be paid.

"Review cycle" means the schedule for the consideration and review of a batch of eligible applications by the TBI Fund Review Committee.

"Service coordination" means clinical responsibility for identifying, developing, and organizing services for a beneficiary. Service coordination is a service option available to Fund beneficiaries, the cost of which shall be applied to the beneficiary's annual and lifetime expenditure caps.

"Support plan" means a document that describes the nature, frequency and cost of services, supports, equipment or items that have been considered for payment.

"TBI Fund Review Committee (Committee)" means the group appointed by the Director of the Division of Disability Services to review service plans, render decisions, hear appeals, and review policies associated with the operation of the Fund.

"Time limited" means a period of up to 12 months, after which services and supports of the Fund may end. In circumstances where continued clinical need can be demonstrated, an individual may request a waiver to extend services for up to an additional 12 months.

"Traumatic brain injury" means an injury to the brain caused by a blow or jolt to the head or a penetrating head injury/neuro-trauma that disrupts the normal brain function, where continued impairment can be demonstrated. This term does not include brain dysfunction caused by congenital or degenerative disorders, birth trauma or injuries caused by other circumstances.

N.J. Admin. Code § 10:141-1.2

Amended by 49 N.J.R. 1683(a), effective 6/19/2017