N.J. Admin. Code § 8:17-9.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:17-9.4 - Resolution of interagency disputes

(a) The Department shall resolve disputes related to early intervention services pursuant to the procedures described in (b) below and shall permit each State agency to resolve its own internal disputes in accordance with the terms of its interagency agreements.

(b) The following procedures shall be enforced by the Procedural Safeguards Office to ensure that services are provided in a timely manner pending resolution:

1. Discussion between the concerned parties at the local level (such as between State agency field staff);

2. If the dispute is not resolved at the local level, transmission of a letter outlining the dispute and parties involved in the dispute to the Department representatives (Assistant Commissioner or Director, as appropriate);

3. If the dispute is not resolved within 20 working-days by the Department representative, following the issuance of the letter described in (b)2 above, the representative shall forward the matter to the Commissioner at the Department's address provided at 8:17-1.3;

4. Pursuant to the Interagency Agreement, the Commissioner has been assigned responsibility by the Governor to issue a final decision, in writing, within 30 days of his or her receipt of the dispute referred to in (b)3 above;

5. During the pendency of the dispute, the Department shall arrange for payment of services in accordance with 8:17-9.5 to assure that services continue to be provided without interruption to the child and family during the period that it takes for the dispute to be resolved; and/or

6. If, in resolving the dispute, it is determined that the assignment of financial responsibility was inappropriately made, the party reviewing the dispute shall reassign financial responsibility to the appropriate provider agency and arrangements for reimbursement of any expenditures incurred by that provider agency originally assigned responsibility shall be made by the party that is determined to be financially responsible.

N.J. Admin. Code § 8:17-9.4