New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 46D - CONTRIBUTION TO CARE AND MAINTENANCE REQUIREMENTS
Subchapter 1 - GENERAL PROVISIONS
Section 10:46D-1.3 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Assets" or "resources" means, but is not limited to, cash, trusts, bank accounts, certificates of deposit, stocks, bonds, mutual funds, real estate and savings bonds and personal property pursuant to N.J.S.A. 30:4-25.1a(8).
"Assignment" means the written agreement of the individual to give the Department of Human Services the right to receive and collect any and all proceeds due to the individual from such items as insurance policies, annuities and lawsuit settlements.
"Assistant Commissioner" means the Assistant Commissioner of the Division.
"Benefits" means all current and future sources of cash and health assistance from Federal, State or private entities, including, but not limited to, Medicare, Medicaid, the Medicaid DDD Community Care Waiver, State and Federal funds and any third party support pursuant to statute, rule, order or by contract.
"Burial fund" means an identifiable fund that is clearly designated and set aside for an individual's burial expenses.
"Challenge Grant" refers to a program in which the Division provides funds to an agency, which may be used in combination with other resources available to the individual, which will meet the individual's needs sufficiently to allow the individual to be removed from the waiting list.
"Child" means an individual under 18 years of age.
"Commissioner" means the Commissioner of the State Department of Human Services.
"Consumer Price Index (CPI)" means the measure of the average change in prices over time in a fixed group of goods and services, as issued by the U.S. Department of Labor.
"Cost of care and maintenance" means the daily rate set by the Commissioner of the Department of Human Services for community care homes (except respite homes) regulated under N.J.A.C. 10:44B, multiplied by the number of days the individual is, or was, in the placement.
"Dependent" means an individual who meets the State and Federal income tax requirements for being claimed by the individual or the LRR(s) on State and Federal income tax forms.
"Director" means the Director of the Division of Developmental Disabilities.
"Family" means the LRR(s), any dependent minors and any other person(s) who are claimed on the LRR(s)' income tax forms, and the individual receiving Division services.
"Family maintenance standard (FMS)" means the income needed to meet a family's minimum needs. The FMS establishes the lower limit on the charges to the individual and/or the LRR for the individual's care and maintenance.
"Fixed income" means that the person is retired, receiving disability benefits, receiving public assistance or is not otherwise actively employed.
"Income" means wages, benefits, interest earned, pensions, annuity payments, and support from a third party pursuant to statute, rule or order or by contract or any other receipt pursuant to N.J.S.A. 30:4-25.1a(7). Income does not include income earned by an individual receiving services, which is below the minimum wage rate.
"Interdisciplinary team" means an individually constituted group responsible for the development of a single, integrated plan for the individual. The team shall consist of the individual receiving services; the legal guardian, the parents or family member (if the adult desires that the parent or family member be present); those persons who work most directly with the individual served; and professionals and representatives of service areas who are relevant to the identification of the individual's needs and the design and evaluation of programs to meet them.
"Legally responsible relative (LRR)" means a spouse, mother, father or adult child of an individual receiving services who is statutorily responsible for the cost of care and maintenance pursuant to 30:4-66.
"Marginal income" means the total amount remaining after the cost of the FMS is subtracted from the disposable income.
"Medicaid DDD Community Care Waiver" means the Community Care Waiver, which is a Medicaid program that allows the State to waive certain Federal Medicaid eligibility criteria for individuals who meet eligibility for Division of Developmental Disabilities services and require an ICF/IID level of care.
"Medical cost standard (MCS)" means the minimum amount needed to meet a family's medical cost. The MCS establishes a maximum limit on the charges to be included in the FMS.
"Other interested party" means representative payee, trustee or executor, or guardian of the property, as applicable.
"Plan to achieve self support (PASS)" means a written course of action approved by the Social Security Administration in accordance with 20 C.F.R. 416.1226. A PASS allows an individual to set aside income and/or resources for a specified period of time for a work goal. Resources set aside under a PASS are not counted toward the $ 2,000 resource limit for SSI eligibility purposes. If income is set aside under a PASS, it is not counted in determining the SSI benefit payment amount. A PASS may be used to set aside money for education, vocational training, or starting a business.
"Residential placement" means that the individual's living arrangement is funded, fully or partially, by the Division in an appropriately licensed program, including, but not limited to, community residences as defined in N.J.A.C. 10:44A, community care residences, as defined in N.J.A.C. 10:44B, private licensed facilities for persons with developmental disabilities, as defined in N.J.A.C. 10:47, and appropriately licensed out-of-State facilities under contract with the Division.
"Self-determination" means the Division's program which allows an individual with developmental disabilities, in connection with his or her legal guardian, if any, family and selected friends to select appropriate services and supports and determine how an individual budget, as well as individual, family and community resources, can be used to develop a living arrangement such as shared living, supported living and other individualized housing options, and allow the individual to be a greater part of their community.
"Supported living" means a form of community residence as defined at 10:44A-1.3 in which the individual is responsible to pay for his or her room and board.
"Termination of services" means action taken by the Division under the circumstances set forth in N.J.A.C. 10:46D-5 when an individual, LRR(s) or any other responsible party fails to make the assessed payment.
"Treasury Formula-DDD" means the method used by the Division to determine the financial ability of an individual or LRR(s) to pay for care and maintenance for an individual receiving services, in accordance with N.J.A.C. 10:46D-3.
"Unearned income" means income from sources other than wages. This includes, but is not limited to, Social Security benefits, Supplemental Security Income, retirement benefits, trust funds not designated as "special needs trusts" and other sources.
