New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 140 - PERSONAL ASSISTANCE SERVICES PROGRAM
Subchapter 4 - INDIVIDUAL BUDGETS AND FEES
Section 10:140-4.5 - Procedures for requesting adjustments in consumer cost share obligation

Universal Citation: NJ Admin Code 10:140-4.5

Current through Register Vol. 56, No. 18, September 16, 2024

(a) A consumer requesting adjustments in consumer fees shall submit a written request and justification to the county designated agency. Within 60 days following the date that the required forms for completing the adjustment are received by the consumer from the county designated agency, the consumer shall submit verification of expenses pursuant to 10:140-4.4.

(b) Upon receipt of a written request and justification for a consumer fee adjustment, the county designated agency shall review the request and submit to the State Program Administrator materials pertaining to the request along with a recommendation regarding the appropriateness of the request and the amount of the adjustment.

(c) Upon receipt of the information described in 10:140-4.5(b), the State Program Administrator shall review the request and recommendation and render a decision based on the facts presented.

(d) Upon receipt of a decision by the county designated agency from the State Program Administrator, the county designated agency shall provide the consumer with written notice regarding the disposition of the request for an adjustment in consumer fee.

(e) Adjustments in consumer fee which are approved shall be effective as of the first day of the calendar month succeeding the month in which the written request is received by the county designated agency.

(f) A consumer requesting adjustment in his or her consumer fee shall continue to pay the original percentage of the total cost of service assessed pursuant to 10:140-4.3(a) , (b), (c), and (d), pending the consumer's submission of written justification and verification of expenses under (a) and (b) above and approval by the State Program Administrator of the consumer's request for an adjustment under (c) above.

1. In the event a consumer has an outstanding cost share balance owed to the Program, the approval of an adjustment (reduction) in fees shall be contingent upon the consumer's completion of a repayment plan to retire the debt, which must be approved by the county designated agency and designated State agency.

2. Failure to complete the cost share repayment plan as described in (f)1 above and/or make restitution in the accordance with the plan shall result in suspension from the Program until such time the remaining debt is retired in full.

(g) The designated State agency shall deny an adjustment in the consumer's fee when the consumer fails to submit a written request, justification, and appropriate verification of expenses within the time frame specified in (a) above. In the event of a denial of a request for an adjustment in the consumer's obligation, the consumer shall be required to pay the determined percentage of the total cost of service assessed pursuant to 10:140-4.3 .

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