N.J. Admin. Code § 10:44B-3.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10:44B-3.2 - Personal funds

(a) The individual's personal funds shall be used solely for the individual.

(b) The licensee shall not commingle any individual's personal funds with those of the licensee or any other person or entity, and only the individual's name shall be on any bank account.

(c) There shall be no loans of finances, resources, or property from an individual to the licensee, licensee's family member, or any other individual or person.

(d) Unless otherwise determined by the IDT, an individual's personal funds in excess of $ 200.00 shall be maintained in a separate bank account in the individual's name, accessible only by the individual and the licensee.

(e) When the individual has been determined by the IDT to be able to manage a specific amount of personal funds, and the amount is documented in the service plan, the licensee shall disburse such amounts to the individual accordingly. The licensee shall obtain the individual's signature for such personal funds disbursed to the individual.

(f) For all personal funds that the individual is not capable of managing on his or her own, the licensee shall maintain an accurate record of all transactions of the individual's personal funds on the placing agency's approved form. The record shall include:

1. All personal funds transactions, whether received, expended, or disbursed, including, but not limited to: wages; personal needs allowance (PNA); personal trust funds (PTF); private trust funds; monetary gifts; reimbursements and tax rebates, payments of bills, and purchases; and personal funds disbursed to the individual;

2. The full date, amount, and a specific description of each transaction; and

3. Receipts related to all disbursements and expenditures. Receipts shall be either computer or register generated, or if not so provided by the vendor, legibly handwritten, containing the name, signature, location, and/or telephone number of the vendor or selling party.

(g) The licensee shall maintain all other documents related to the individual's finances, including, but not limited to, bank statements, bank passbooks, paycheck stubs, and income tax returns.

(h) The licensee shall not charge the individual for services or supplies that the licensee is obligated to provide by the licensing standards or by the provider agreement between the placing agency and the licensee.

1. The licensee shall not charge the individual for telephone usage other than long distance telephone calls or a separate private telephone number that is provided strictly for the individual's use.

2. The licensee shall not charge the individual for heating or cooling the residence or any portion thereof, electricity, hot and cold water, sewer, or gas for the car, tolls, or parking.

3. Charges to the individual for cable, satellite television, or cell phones shall be approved by the IDT, and included in the service plan, to be reviewed annually.

4. Grooming supplies including, but not limited to, items, such as soap or other personal cleansing products, shampoo and conditioner, shaving cream, disposable razors, regular toothbrushes, toothpaste, mouthwash, deodorant, lotion, feminine products, washcloths, towels, facial tissues, and toilet tissue shall be available to the individual at the licensee's expense.

i. If the individual's preference for a certain brand of such products poses a hardship to the licensee, the IDT may approve and document in the service plan that the individual will pay for them.

5. Individual electric toothbrushes, electric razors, hair combs, brushes, styling products, accessories, cosmetics and fragrances, shall be available to the individual at his or her own expense.

6. Snacks and drinks shall be available to the individual at the licensee's expense.

7. The licensee shall be responsible for the cost of meals purchased in the community when the individual dines with the licensee and/or the licensee's family. Exceptions shall be approved by the IDT, documented in the service plan and reviewed annually.

8. The licensee shall provide laundry services and supplies, including the use of the laundromat or wash and fold services, without additional charge to the individual.

9. Dry cleaning services may be provided and paid for at the individual's expense when approved by the IDT and documented in the service plan.

(i) Licensees shall cooperate with reviews conducted by the Department by making the financial records available to the Office of Auditing, the case manager, the case manager's supervisor, and any representative so authorized by the Department.

1. The Office of Auditing will select licensees at random and notify them of an audit with instructions on how to comply.

2. Each licensee selected for an audit under (i)1 above shall provide original documentation for review, including, but not limited to: client account records, Personal Needs Account summary sheet, client bank statements, client banking systems balances, cash on hand amounts, and vendor receipts for the period requested.

3. The Office of Auditing will review the documents to ensure that service recipients' funds are safe and protected, bank accounts and cash on hand records are complete and reconciled, purchases and disbursements reflect the specific needs of the individual service recipients, and that licensee and service recipient funds are not intermingled.

4. The Office of Auditing will report any evidence of an inappropriate purchase or disbursement consisting of an amount of money equaling $ 100.00 or more to the Attorney General.

5. The Office of Auditing will report any evidence that a case manager was aware of an inappropriate purchase or disbursement consisting of an amount of money equaling $ 100.00 or more and failed to document that fact or notify the case manager's supervisor to the Attorney General.

N.J. Admin. Code § 10:44B-3.2

Amended by 49 N.J.R. 542(a), effective 3/20/2017

Amended by 55 N.J.R. 52(b), effective 1/3/2023