N.J. Admin. Code § 10:60C-3.3

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:60C-3.3 - Authorized representative standards, roles, and responsibilities

(a) An authorized representative shall be interviewed and approved by the consultant. Individuals with a record of violent felony(ies) or allegations of abuse to vulnerable populations shall not be permitted to serve as an authorized representative under the program.

(b) The approved authorized representative shall assume full responsibilities of the participant as described at N.J.A.C. 10:60C-2.2(a).

(c) The participant shall be permitted to use only one representative at a time to assist with managing services. The participant may change his or her representative at any time, using the following procedures:

1. A request for change in representative shall be made to the Division, for review and confirmation of agreement of the individual to serve as the new representative. The Division shall render a final decision on the participant's request.

2. Upon obtaining approval, the Division shall inform the MCO care manager and VF/EA consultant of the change in representative.

(d) If a participant no longer needs a representative and is requesting the ability to manage his or her services independently, the consultant shall perform a home visit with the participant and current representative to assess the participant's capacity to perform responsibilities, as identified at N.J.A.C. 10:60C-2.2(a), without need of assistance.

1. If it is determined that the participant is capable of managing his or her services independently, the consultant shall recommend the participant for continued eligibility without further need of a representative. The consultant shall submit written justification to the Division for review and final determination.

2. The Division shall evaluate the written justification submitted pursuant to (d)1 above and inform the participant and consultant of its decision.

(e) A mandated representative shall be required for participant enrollment or for reinstatement into the program, in the event an applicant or a former participant has been convicted of a felony. Failure to accept and utilize a mandated representative shall result in disenrollment from the program.

(f) An authorized representative may be involuntarily removed from program participation, at the discretion of the Division, due to non-compliance with duties and requirements as set forth in this chapter, based on the recommendations of the consultant.

(g) In the event an individual is deemed inappropriate to serve as an authorized representative pursuant to (a) or (f) above, the final determination on any future approval or opportunity for reinstatement shall be at the discretion of the Division Director.

N.J. Admin. Code § 10:60C-3.3

Amended and recodified from 10:142-3.3 by 56 N.J.R. 2294(a), effective 12/2/2024