N.J. Stat. tit. 30, ch. 4F

in effect

N.J. Stat. § 30:4F-1 Legislative findings and declarations

The Legislature finds and declares that there is a need to assist families in their care of frail or severely disabled persons and without the availability of occasional relief from the provision of constant care for these persons, placement in a long-term care facility may be necessary; that occasional relief can be provided through a program of respite care; and that in order to initiate and encourage expansion of respite care services and evaluate the need for and the most efficient and effective means of providing the service, it is necessary to establish a respite care demonstration program within the Department of Human Services. L.1983, c. 284, s. 1; per s.7, expired June 30, 1986.

N.J. Stat. § 30:4F-2 Definitions

As used in this act: a. "Care-giver" means the family member or other person who ordinarily provides the daily care for or supervision of a frail or severely disabled adult. The care-giver may, but need not, reside in the same household as the frail or severely disabled adult. b. "Commissioner" means the Commissioner of the Department of Human Services. c. "Department" means the Department of Human Services. d. "Frail or severely disabled adult" means any person over the age of 18 who is unable to attend to his daily needs without the assistance or regular supervision of a care-giver due to a chronic, severe mental or physical impairment. e. "Respite or respite care" means the provision of infrequent and temporary substitute care for or supervision of a frail or severely disabled adult on behalf of and in the absence of the care-giver, which shall be rendered in the adult's place of residence, for the purpose of providing relief from the stresses or responsibilities concomitant with providing constant care to a frail or severely disabled adult. Respite care may be provided on an hourly, daily or weekly basis but shall not exceed a maximum of 30 consecutive days or 60 days in total in any calendar year. f. "Sponsor" means a public or private, nonprofit or for profit agency or organization approved by the commissioner which contracts with the department to develop and administer a respite care demonstration project. L.1983, c. 284, s. 2; per s.7, expired June 30, 1986.

N.J. Stat. § 30:4F-3 Respite care demonstration projects; program

The commissioner shall establish a program of respite care demonstration projects to: encourage the initiation and expansion of respite care throughout the State; evaluate the demand for and current availability of respite care services in the State; and determine the most efficient and effective means for providing respite care services to persons in need of these services. L.1983, c. 284, s. 3; per s.7, expired June 30, 1986.

N.J. Stat. § 30:4F-4 Guidelines

a. The commissioner shall prepare guidelines for respite care demonstration projects which shall include: (1) Standards for eligibility for respite care services; (2) Target populations that will be given priority in receiving services; (3) Standards for financial eligibility of recipients and legally responsible care-givers for State funded respite care services and a sliding fee schedule based on the service recipient's and legally responsible care-giver's ability to pay for respite care services; and (4) Procedures for reporting on implementation of each demonstration project. b. The commissioner shall review project proposals submitted by agencies and organizations interested in participating in the program as sponsors, and approve those proposals which best meet the purposes of the respite care demonstration program. L.1983, c. 284, s. 4; per s.7, expired June 30, 1986.

N.J. Stat. § 30:4F-5 Report

The commissioner shall report to the Governor and Legislature no later than six months before the expiration date of this act concerning: a. The effects of the demonstration program with respect to assessing the demand for and availability of respite care services throughout the State; b. An assessment of the most efficient and effective method for providing respite care services; c. The projected costs for establishing a Statewide respite care program; and d. Recommendations for permanently establishing a Statewide respite care program. L.1983, c. 284, s. 5; per s.7, expired June 30, 1986.

N.J. Stat. § 30:4F-6 Rules and regulations

The commissioner shall promulgate rules and regulations necessary to implement the provisions of this act. L.1983, c. 284, s. 6; per s.7, expired June 30, 1986.

N.J. Stat. § 30:4F-7 Findings; declarations

The Legislature finds that there is a clear need to establish a program of respite care to assist families in the care of their elderly and functionally impaired family members. Most functionally impaired adults prefer to be cared for in their homes by family and friends whom they trust and feel comfortable with, and where they can continue to make valuable contributions to family life. Nearly all of the care provided to functionally impaired adults is given by family members who are not compensated for their services. They provide full-time care, often with little help from other family members or the community. This family involvement is a critical element in enabling persons who otherwise might be institutionalized to remain in their own home environment. Without relief and support, however, caregivers may become unable to continue in the caregiving role. The consequence may be unavoidable and irreversible institutionalization of the dependent adult and an added burden on public funds. The Legislature further finds that there is a compelling need to support caregivers of functionally impaired adults in their efforts to keep the family intact. Providing respite and related services is a major mechanism for this support. Respite serves to relieve some of the daily stresses of caregiving, to improve the quality of life for functionally impaired adults and their caregivers, to maintain the integrity of the family unit, to strengthen personal and social support systems and to deter institutionalization. The Legislature, therefore, declares that it is the policy of the State to provide a structure for the establishment of respite services which will provide relief and support to family or other unpaid caregivers from the demands of daily care of frail elderly or other functionally impaired adult family members; to encourage families to provide care for functionally impaired dependents at home, and thus offer an alternative to long-term institutional placement; to expand the continuum of supportive services for the functionally impaired and their families; to ensure that respite care and related supportive services are made available on a sliding fee basis to eligible persons not covered under other programs; and to assist families in securing the respite services, including information and peer support, which are necessary for their continued care of a functionally impaired family member. L. 1987, c. 119, s. 1.

N.J. Stat. § 30:4F-8 Definitions.

2. As used in this act: a. "Caregiver" means a spouse, parent, child, relative or other person who is 18 years of age or older and who has the primary responsibility of providing daily care for the eligible person and who does not receive financial remuneration for the care. b. "Commissioner" means the Commissioner of the Department of Human Services. c. "Co-payment" means financial participation in service costs by the eligible person according to a sliding fee schedule promulgated by the commissioner. d. "Department" means the Department of Human Services. e. "Eligible person" means a person 18 years of age or older with a functional impairment who would become at risk of long-term institutional placement if the individual's regular caregiver could not continue in that role without the assistance of temporary home and community support services, including respite care. The term includes an eligible veteran as defined in this section. f. "Functional impairment" means the presence of a chronic physical or mental disease, illness, or disability as certified by the physician or a sponsor-provided assessment team, which causes physical dependence on others, and which leaves a person unable to attend to his or her basic daily needs without the substantial assistance or continuous supervision of a caregiver. g. "Provider" means a person, public agency, private nonprofit agency or proprietary agency which is licensed, certified, or otherwise approved by the commissioner to supply any service or combination of services described in subsection h. of this section. h. "Respite" or "respite care" means the provision of temporary, short-term care for, or the supervision of, an eligible person on behalf of the caregiver, in emergencies or on an intermittent basis to relieve the daily stresses and demands of caring for an adult with a functional impairment. Respite may be provided hourly, daily, overnight, or on weekends, may be paid or volunteer, but may not exceed service and cost limitations as determined by the commissioner. Respite includes, but is not limited to, the following services: (1) companion or sitter services; (2) homemaker and personal care services; (3) adult day care; (4) short-term inpatient care in a facility meeting standards which the commissioner determines to be appropriate to provide the care; (5) emergency care; and (6) peer support and training for caregivers. i. "Service plan" means a written document agreed upon by the eligible person, the caregiver, and the sponsor. The service plan shall take into account other services and resources available to the eligible person and his caregiver. Services provided pursuant to P.L.1987, c.119 (C.30:4F-7 et seq.) shall not be used to duplicate or supplant existing services or resources available to the eligible person and the person's caregiver. The plan shall: (1) Document the needs of the eligible person and caregiver for respite care services, using a needs assessment procedure provided or approved by the department; (2) Identify the outcomes to be achieved and the specific respite care services to be provided to the eligible person and the caregiver to meet their identified needs; (3) Estimate the frequency and duration of the respite care services; (4) Estimate the total cost of the plan and the co-payment an eligible person is required to contribute toward the cost of services provided under the plan. j. "Sponsor" means the county or regional agency, either public or private nonprofit, which contracts with the department to administer the local respite program, and which is responsible for the recruitment of and payment to providers, the general supervision of the local programs, and the submission of information or reports which may be required by the commissioner. Sponsors shall be selected according to criteria established by the commissioner which shall include demonstrated support from the county government. Criteria shall also include the potential sponsor's demonstrated ability to coordinate the funds available for this program with other funding sources and to obtain matching or in kind contributions. k. "Eligible veteran" means a person with a functional impairment arising out of service in the active military or naval service of the United States in any war or conflict on or after September 11, 2001 who has been honorably discharged or released from that service under conditions other than dishonorable, and meets the requirements for total disability ratings for compensation based upon unemployability of the individual as determined by the United States Department of Veterans Affairs. L.1987, c.119, s.2; amended 2015, c.289, s.1; 2017, c.131, s.120.

N.J. Stat. § 30:4F-9 Statewide Respite Care Program.

3. The commissioner shall establish a Statewide Respite Care Program within the Department of Human Services to be administered by sponsors designated by the commissioner. Allocations of funds for respite services pursuant to P.L.1987, c.119 (C.30:4F-7 et seq.) to each county or region shall be based on its share of the targeted population according to the following formula: County Allocation = C x (A + B) __________ (D + E) where, A equals the county population of persons age 75 years or older; B equals the county population of adults with functional impairments under the age of 75 according to the most recent data available to the commissioner; C equals the annual amount of funds appropriated for the purpose of this act, minus those funds retained for State administration; D equals the State population of persons age 75 years or older; and E equals the State population of adults with functional impairments under the age of 75. L.1987, c.119, s.3; amended 2017, c.131, s.121.

N.J. Stat. § 30:4F-10 Eligibility.

4. A sponsor shall annually determine the maximum number of eligible persons to be served in each county or region, based upon the service and cost limitations promulgated by the commissioner and the county allocation and other funds which may be available for the purposes of this act, and shall not admit or serve more eligible persons than can be afforded with available resources. Each sponsor shall maintain a waiting list of those eligible persons awaiting receipt of respite care, according to standards promulgated by the commissioner. Notwithstanding any other provision of law to the contrary, an eligible veteran shall not be found to be ineligible to receive respite care based on the veteran's income or liquid resources if they do not exceed $80,000 for a couple or $60,000 for a single person. L.1987, c.119, s.4; amended 2015, c.289, s.2.

N.J. Stat. § 30:4F-11 Sources of payment

If an eligible person's respite services are covered in whole or in part by another State or federal government program or insurance contract, the government program or insurance carrier shall be the primary payer and the Statewide Respite Care Program shall be the secondary payer. The sponsor shall be responsible for determining all sources of payment, for collecting all co-payments, and for determining eligibility according to standards promulgated by the commissioner. L. 1987, c. 119, s. 5.

N.J. Stat. § 30:4F-12 Rules, regulations

6. The commissioner shall promulgate rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this act. The rules and regulations shall include, but not be limited to, the following: a. Standards for eligibility for respite care services; b. Target populations and situations to be given priority in receiving services; c. Qualifications and requirements of sponsors and providers; d. Provider reimbursement and payment levels for respite care services, provided that: (1) the hourly reimbursement rate for home health aide services, personal care services, and homemaker services, in which the services are provided on a weekday, shall be no less than the hourly State Medicaid fee-for-service reimbursement rate for personal care services, and that the hourly reimbursement rate for home health aide services, personal care services, and homemaker services, in which the services are provided on a weekend or on a State or federal holiday, shall be no less than the amount of the hourly State Medicaid fee-for-service reimbursement rate for personal care services plus $1; and (2) each eligible person shall receive up to $6,559.63, or a higher amount which the Commissioner of Human Services may approve, of respite services in a calendar year; e. Service and cost limitations for eligible persons; f. A sliding scale fee schedule for co-payments; and g. Procedures for reporting on implementation of the program. L. 1987, c. 119, s. 6; amended 2023, c.86, s.1.

N.J. Stat. § 30:4F-13 Federal financial participation

The commissioner shall take any actions which may be appropriate to maximize federal financial participation in the implementation or the expansion of respite care services under this act. L. 1987, c. 119, s. 7.

N.J. Stat. § 30:4F-14 Annual report

The commissioner shall report to the Legislature and the Governor within two years of the effective date of this act and annually thereafter on the effectiveness of the Statewide Respite Care Program. L. 1987, c. 119, s. 8.

N.J. Stat. § 30:4F-15 Allocation of funds

Not more than 10% of the amounts available for the Statewide Respite Care Program shall be used for administrative and staff costs. The cost of recruiting, training, and supervising volunteer companions shall not be construed as administrative costs for the purposes of this act. L. 1987, c. 119, s. 9.

N.J. Stat. § 30:4F-16 Hourly reimbursement rate, home health aide, personal care, homemaker services; rules, regulations.

3. a. The hourly reimbursement rate for home health aide services, personal care services, and homemaker services provided under the Jersey Assistance for Community Caregiving (JACC) Program, as administered by the Division of Aging Services in the Department of Human Services, in which the services are provided on a weekday, shall be no less than the hourly State Medicaid fee-for-service reimbursement rate for personal care services, and the hourly reimbursement rate for home health aide services, personal care services, and homemaker services provided under the JACC Program, in which the services are provided on a weekend or on a State or federal holiday, shall be no less than the amount of the hourly State Medicaid fee-for-service reimbursement rate for personal care services plus $1. b. Each applicant determined to be eligible for the JACC Program, pursuant to criteria implemented by the Division of Aging Services, shall receive, in addition to the cost of any monthly case management fee, up to $11,158.56, or a higher amount which the Commissioner of Human Services may approve, of JACC Program services in a calendar year. c. There shall be appropriated each fiscal year from the General Fund to the Department of Human Services an amount sufficient to carry out the provisions of this section. d. The commissioner shall promulgate rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) necessary to effectuate the purposes of this section. L.2023, c.86, s.3.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026