New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 31 - SCREENING AND SCREENING OUTREACH PROGRAM
Subchapter 11 - WAIVER
Section 10:31-11.2 - Procedures for all but personnel-related waivers

1. A screening service's written waiver request shall:

2. The screening service shall simultaneously send copies of its waiver request to its county's mental health board and systems review committee, as well as all mental health providers, hospitals, acute care or long-term care facilities treating mental illness or co-occurring disorders and any locally active, mental health family, consumer and advocacy organizations in the geographic area to be served, as determined by the county mental health board. The screening service shall also inform these parties of the address of the Division regional office and the county mental health board where comments may be sent for at least 30 days from the date of the waiver request. The notice shall also include the time, location and date of the first county mental health board meeting scheduled after the 30-day comment period. The screening service shall submit to the Division, documentation indicating compliance with this provision.

1. The waiver request, and any comments received pertaining thereto, shall be discussed at the first county mental health board meeting after the close of the 30-day comment period, as a part of the regular agenda and in an open public meeting that includes an opportunity for public comment on the waiver request. Public comments shall be recorded. By motion, the county mental health board will either endorse the waiver request or record its objections to the granting of the waiver by the Division;

2. The Division shall review each waiver request, public comments on the waiver request and the mental health board's endorsement or objection to the waiver request, in accordance with the standards delineated in this section. The Division may deny, grant with or without conditions, or grant in part and deny in part a waiver for a period of up to one year. This decision shall be based on the full record, which shall include any public comments and discussion that occurred at the mental health board meeting, the motion approved by the board, and any written comments received by the Division;

3. Within 14 days of its receipt of the county mental health board's recommendation, the Division, through the appropriate regional assistant director, shall communicate in writing to the screening service indicating which provisions of this chapter, if any, have been waived, the expiration date of the waiver and any conditions or limitations that have been placed on the waiver;

4. The screening service may appeal denial by the regional assistant director of its waiver request by submitting an appeal to the Assistant Commissioner for Mental Health Services. The screening service that originally requested the waiver, and other interested parties, may communicate their opinions about the appeal of the waiver denial to the Assistant Commissioner for Mental Health Services prior to his or her final decision. The Assistant Commissioner for Mental Health Services shall uphold or reverse the original waiver denial by the regional assistant director and communicate the decision to the screening service in a written final agency decision; and

5. Failure to comply with any conditions contained in the waiver shall constitute grounds for emergency suspension of screening service designation, in accordance with 10:31-10.2.