Current through Register Vol. 56, No. 18, September 16, 2024
(a) Suspension of service may be
either voluntary or involuntary. Voluntary suspensions involve situations in which eligible consumers agree
to the temporary suspension of services. All other suspensions are considered to be involuntary.
(b) Voluntary suspension of service shall not exceed a total of 90 days and
shall be implemented as follows:
1. County designated agencies shall
implement an initial suspension period, not to exceed 60 days, based on a request by an eligible
consumer.
2. Prior to completion of the initial suspension
period, the eligible consumer may request an extension, not to exceed a total of 90 days.
3. The county designated agency shall review the request for an extension
and shall make a determination on whether to grant an extended suspension beyond the initial period or to
terminate services. All decisions will be made on a case-by-case basis.
4. At the end of a 90-day voluntary suspension period, the county
designated agency shall determine whether the consumer's services are to be resumed or terminated and provide
appropriate written notification to the consumer regarding the decision rendered.
(c) Consumers who are terminated from services shall receive written notice
from the county designated agency at least 60 days prior to the effective date of the termination. Consumers
may receive notice of termination in less than 60 days at the discretion of the county designated agency in
those situations described in (e)4, 7, and 8 below.
(d)
Terminations may be the result of State-mandated reductions in Program funding to the county designated
agency when the county designated agency has no alternative means of supplementing funding for the services.
1. In determining whether services will be terminated, the county
designated agency shall consider the current and future availability of alternative means of funding the
services.
2. Consumers shall receive written notice of
terminations due to State-mandated reductions in Program funding, in accordance with (c) above.
(e) Terminations shall be a result of non-compliance with
Program rules and procedures, which include, but are not limited to:
1.
Failure to submit information necessary to determine or reaffirm social and financial program eligibility in
a timely fashion in accordance with 10:140-3.2 and 3.3(d);
2. Failure to pay the appropriate consumer fee or to sign time sheets as
specified in 10:140-4.3(b) and (g), respectively;
3. Failure to comply with the training requirements specified in
10:140-6.1;
4. Abuse
or misuse of personal assistance services or personal assistants as verified by the county designated
agency;
5. Continued non-acceptance and/or dismissal of personal
assistants without proper justification;
6. Failure to meet
program eligibility requirements pursuant to
10:140-2.1, unless an exception has been granted in accordance
with 10:140-2.2 and 2.3;
7. Failure of the consumer to manage personal situations which result in
placing the health or welfare of a personal assistant at increased risk, as determined by the county
designated agency; or
8. Duplication of personal assistance
services through other service programs or funding sources as verified by the county designated
agency.
(f) In determining whether services will be
terminated as described in (e) above, the county designated agency shall consider the specifics of the
situation, on a case-by-case basis, including, but not limited to, the following factors:
1. The severity of the situation;
2. Any recurrences or patterns in the situation; and
3. The effort and willingness demonstrated by the consumer to resolve the
issue or to mediate the problem.
(g) Any willful
misrepresentation of Program activity or commission of a fraudulent use of Program services or funds (willful
actions, such as falsifying timesheets, failure to disclose loss of Program activity, non-disclosure of
entitlement services funded by other Federal programs pursuant to 10:140-2.1(b)
8, etc.) will result in an immediate termination from the Program.
1. Commission of any acts described in this subsection shall obligate the
consumer to repay the Program for the cost of services. The designated State agency shall notify the consumer
in writing, of the need to repay for cost of services and identify the payment amount and time frame and
instructions for submission of payment(s).
2. In the event of a
non-payment for the cost of services as set forth in (g)1 above, the Division reserves the right to refer the
debt amount to a collection agency for further action.
3.
Commission of any activities described in this subsection shall result in a lifetime ban from eligibility for
the Program. This action is at the discretion of the Commissioner upon recommendation from the
Division.
