Statutes, codes, and regulations
New Jersey Administrative Code
Title 8 - HEALTHChapter 61 - AIDS DRUG DISTRIBUTION PROGRAM; HIV COUNSELING AND HIV TESTING OF PREGNANT PERSONS; AND NEONATAL HIV TESTING
Subchapter 1 - GENERAL PROVISIONS
Section 8:61-1.2 - Definitions

N.J. Admin. Code § 8:61-1.2

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Current through Register Vol. 57, No. 1, January 6, 2025
Section 8:61-1.2 - Definitions

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

"AIDS" means "AIDS" as defined at N.J.S.A. 26:5C-1 et seq., especially at 5 and 15, as supplemented and modified by the HIV Case Definition.

"AIDS Drug Distribution Program" or "ADDP" means a program of the Department by which eligible individuals can receive prescription medications approved by the Federal Food and Drug Administration that prolong and/or enhance the lives of individuals with HIV infection from funds appropriated to the State from the Federal government.

"Birthing facility" means "birthing facility" as defined at N.J.S.A. 26:2-111.2.

"Centers for Disease Control and Prevention" or "CDC" means the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

"Commissioner" means the Commissioner of Health.

"Department" means the New Jersey Department of Health.

"Division" means the Division of HIV, STD, and TB Services within the Department, for which the contact information is Division of HIV, STD, and TB Services, New Jersey Department of Health, PO Box 363, Trenton, NJ 08625-0363, telephone (800) 624-2377 (this is a 24-hour toll-free telephone number), and telefacsimile (609) 984-6495.

"Drug Utilization Review Board" means the entity by that name established pursuant to N.J.S.A. 30:4D-17.16 through 17.18a, especially at 17.17a.

"Federal poverty guidelines" means:

1. The Annual Update of the HHS Poverty Guidelines, which are incorporated herein by reference, as amended and supplemented, that the Secretary of the United States Department of Health and Human Services annually issues and publishes in the Federal Register pursuant to 42 U.S.C. § 9902(2); and
2. That are applicable and in effect as of the date an applicant applies for enrollment and/or the date an enrolled person applies for re-enrollment, in the ADDP or the HIPP program.

"Health care provider" means a person who holds a license pursuant to Title 45 of the Revised Statutes:

1. As a physician, an advanced practice nurse, a physician assistant, or a midwife; or
2. Whose licensed scope of practice includes the diagnosis and/or treatment of HIV.

"Health Insurance Premium Payment program" or "HIPP program" means a program by which the ADDP funds health insurance premium payments for persons living with HIV.

"HIV" means "HIV" as defined at N.J.S.A. 26:5C-1 et seq., especially at 26:5C-5, 15, and 21, as supplemented and modified by the HIV Case Definition.

"HIV Case Definition" means CDC, et al., Revised Surveillance Case Definition for HIV Infection--United States, 2014, MMWR, Vol. 63, No. RR-03 (April 11, 2014), available at https://www.cdc.gov/mmwr/indrr_2014.html, incorporated herein by reference, as amended and supplemented.

"HIV infection" means "HIV infection" as defined at N.J.S.A. 26:5C-1 et seq., especially at 26:5C-5, as supplemented and modified by the HIV Case Definition.

"HIV-related illness" means "HIV related illness" as defined at N.J.S.A. 26:5C-1 et seq., especially at 26:5C-5, as supplemented and modified by the HIV Case Definition.

"HIV-related test" means "HIV related test" as defined at N.J.S.A. 26:5C-1 et seq., especially at 26:5C-5, as supplemented and modified by the Testing Recommendations.

"HIV test" means "HIV test" as defined at N.J.S.A. 26:5C-1 et seq., especially at 26:5C-21, as supplemented and modified by the Testing Recommendations.

"Household" means "household" as defined at 42 CFR 435.603.

"Household income" means "household income" as defined at 42 CFR 435.603.

"Informed consent" means "informed consent" as defined at N.J.S.A. 26:5C-1 et seq., especially at 26:5C-5.

"MAGI-based income" means "MAGI-based income" as defined at 42 CFR 435.603.

"Parent" means:

1. A biological parent;
2. An adoptive parent;
3. A "resource family parent" as defined at N.J.S.A. 30:4C-26.4; and
4. A person or an entity serving as guardian of the person of a minor or incapacitated person pursuant to an applicable statute, court rule, court order, or duly executed delegation of parental rights.

"Perinatal HIV Clinical Guidelines" means United States Department of Health and Human Services, Panel on Treatment of HIV During Pregnancy and Prevention of Perinatal Transmission, et al., Recommendations for the Use of Antiretroviral Drugs During Pregnancy and Interventions to Reduce Perinatal HIV Transmission in the United States, which is published in an electronic format that is updated regularly and frequently, as relevant changes in prevention and treatment recommendations occur (last updated January 31, 2024), available at https://clinicalinfo.hiv.gov/en/guidelines/perinatal, incorporated herein by reference, as amended and supplemented.

"Testing recommendations" means CDC, et al., Revised Recommendations for HIV Testing of Adults, Adolescents, and Pregnant Women in Health-Care Settings, MMWR, Vol. 55, No. RR-14 (September 22, 2006), available at https://www.cdc.gov/mmwr/indrr_2006.html, incorporated herein by reference, as amended and supplemented.

N.J. Admin. Code § 8:61-1.2

Amended and Recodified from 8:61-1.1 by 57 N.J.R. 29(a), effective 1/6/2025