New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM
Subchapter 1 - GENERAL PROVISIONS
Section 10:140-1.4 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings unless the context indicates otherwise:
"Administrative hearing" means a hearing held by the Office of Administrative Law (OAL) pursuant to N.J.S.A. 52:14B-9 et seq., and 52:14F-1 et seq., and N.J.A.C. 1:1-1.
"Administrative review" means an independent examination of an agency action that is conducted by the State Program Administrator or designee, by convening a meeting of the relevant parties in the action under dispute and/or by examining the relevant records and documents in accordance with 10:6-1.4.
"Adverse agency action" means the denial, reduction, suspension or termination of services, or the denial of a request for an exception, or the failure to act upon a request for services within prescribed time frames.
"Advisory Council" means the State Consumer Advisory Council on Personal Assistance Services, created by 30:4G-20.
"Applicant" means a person who applies for services under the Personal Assistance Services Program.
"Application for Service and Statement of Understanding" means a program document that is designed to serve as a notice of the terms and conditions for participation in the Personal Assistance Services Program. Prospective consumers must be capable of fully understanding, and be agreeable and willing to assume responsibility for, the items that are indicated on the form prior to enrollment.
"Assessor" means a person who is employed by the program to conduct eligibility assessments and has a master's of social work degree; a bachelor's degree and three years of experience in rehabilitation services; or is a registered nurse with a bachelor of science degree in nursing.
"Available" means, as applied to a caregiver, physically present, able, and appropriate, as determined with full consideration of the consumer's personal situation.
"Cash management plan" or "CMP" means to the document used by the Personal Assistance Services Program, which indicates the monthly cash allowance and details the services and supports required by the consumer in order to meet their personal care needs.
"Chore service" means light housekeeping activities. This service does not include inside or outside maintenance of the dwelling or property.
"Commissioner" means the Commissioner of the Department of Human Services.
"Community-based independent living" means self-directed living whereby a consumer is actively participating in community-based activities aside from employment or education, including, but not limited to, assistance with parenting tasks, searching for employment, volunteer or community service, participation on governing boards and/or serving on committees.
"Consumer" means an individual who is currently receiving services and who meets the eligibility standards of 10:140-2.1, has received an exception under 10:140-2.2 or the criteria has been set aside by the Commissioner based on an emergent circumstance, as determined on a case-by-case basis.
"Consumer directed services" means a model of service delivery that affords the opportunity for individuals to control and manage all aspects of the services that they receive including, but not limited to, from whom the services are received, what types of services are received and when, where and how they are received.
"County designated agency" means a county office for the disabled or other agency designated by the county government to administer in that county the Personal Assistance Services Program established pursuant to 30:4G-13 et seq. and this chapter.
"County program coordinator" means an individual employed by, or under contract with, the county designated agency who serves as the primary support for consumers and provides individual guidance and periodic monitoring of service activities to ensure the needs are being met pursuant to the Program.
"Department" means the Department of Human Services.
"Designated State agency" means a division, bureau or office of State government, designated by the Commissioner of the Department of Human Services. The program is currently administered by the Division of Disability Services.
"Designated training agency" means the agency responsible for the administration of the Statewide training program, as provided by N.J.A.C. 10:140-6, under contract with the designated State agency.
"Direct services" means the provision of personal assistance services to consumers.
"Division" or "DDS" means the Division of Disability Services, in the Department of Human Services.
"Education or training" means enrollment in courses or training programs related to the enhancement of a worker's employment.
"Emancipated minor" means an individual who is under age 18 and is married and living separate and apart from his or her parents and/or guardian; or who is under age 18 and is determined through a court order to be capable of making his or her own decisions.
"Employment" means working in a paid occupation, whether in cash or in kind, including, but not limited to, full-time employment; part-time employment; the practice of a profession; self-employment; farm work; home-based employment; or other gainful work. An individual who identifies himself or herself as self-employed must have net earnings of at least $ 400.00 annually in accordance with requirements of the Internal Revenue Services under Title 26 of the United States Code and file taxes accordingly.
"Fiscal intermediary service organization" or "FISO" means a company or agency that is set up to disburse the cash benefit to consumers under the Personal Assistance Services Program. The latter will serve as the business agent for the consumer and prepare the payroll checks and other disbursements at the direction of the consumer, as well as keep records of all transactions.
"Household" shall be determined to be the individual consumer and any dependents as defined by the Internal Revenue Service under Title 26 of the United States Tax Code.
"Informal caregiver" means an individual who is 18 years of age or older residing in the household for other than the purpose of sharing expenses.
"Parenting" means routine child rearing activities performed for a minor child under the age of five in circumstances where those activities are obligated by law and the failure of the parent to perform such activities would constitute neglect under State law.
"Permanent physical disability" means a severe impairment of an ongoing nature, which so restricts a person's ability to perform essential activities of daily living that the person needs assistance to maintain the person's independence and health.
"Personal assistance service" means health and chore-related tasks performed by a personal assistant. Personal assistance services include, but are not limited to, assistance in essential daily activities, such as bathing, dressing, and feeding; assistance with light housekeeping activities, such as laundry, shopping, and meal preparation; assistance with paperwork and communication; and assistance with mobility, including driving or other forms of transportation. Driving or other forms of transportation may not be used as a "stand-alone" service without the need for other health and chore-related tasks.
"Personal assistant" means a person who meets the qualifications with regard to training, equivalent work experience or certification in the provision of personal assistance services, as established by N.J.A.C. 10:140-5 and who provides personal assistance services to a consumer.
"Program" means the Personal Assistance Services Program.
"Relative" means a person who is 18 years of age or older and is related to the consumer by blood or by law.
"Resident" means a person who abides or resides in the State of New Jersey for other than a temporary purpose and who has no present intention of moving from the State.
"Self-directing or self-directed" means a person who is able to make decisions regarding daily activities, to make major life decisions, and to manage and supervise a personal assistant; and who can accept the responsibility for those decisions and actions.
"Statement of understanding" means a document which sets forth the terms and conditions of the program and the responsibilities of the consumer under these rules, and the consumer's acceptance of the same.
"State Program Administrator" means the professional employee of the designated State agency charged with the administration of the Personal Assistance Services Program.
"Time sheets" means a legal document that is issued by the fiscal intermediary service organization and used by the consumer to verify the number of hours received under the program and signed by the consumer's employee.
"Training" means the attendance and participation of a consumer or personal assistant in an established statewide educational program or equivalent, as described in N.J.A.C. 10:140-6.
"Vendor" means an agency or business that provides a service under the Personal Assistance Services Program, that satisfy the needs and requirements of a consumer, including, but not limited to, a cleaning service and/or a laundry service.
"Volunteering" is the practice of people working on behalf of others or a particular cause without payment for their time and services.
