30:4G-16 Eligibility.

4. A person is eligible for the personal assistance services program if:

a. The person has a permanent physical disability;

b. The person is 18 through 70 years of age;

c. The person is a resident of this State;

d. The person is in need of personal assistance services pursuant to a written plan of service;

e. The person is capable of managing and supervising their personal assistance services;

f. A relative or other informal caregiver is not available to provide the services that the person needs;

g. The person lives or plans to live in a private house or apartment, rooming or boarding house, group home, educational facility or residential health care facility; and the personal assistance services that the person shall receive are supplemental to, and not duplicative of, services provided to the person in the rooming or boarding house, group home, educational facility or residential health care facility pursuant to licensure requirements. A person who resides, or is a patient, in a nursing, assisted living, or intermediate care facility, special hospital or other inpatient medical setting is not eligible for the personal assistance services program;

h. The attending physician of the person who shall receive the personal assistance services has confirmed in writing that the person has a permanent physical disability, requires no assistance in the coordination of therapeutic regimes, and that the personal assistance services will be appropriate to meet the person's needs; and

i. The person receives no more than 40 hours of personal assistance services from this program or any other program per week. The commissioner shall develop rules for individual exceptions to this requirement.

j. The commissioner shall develop rules for individual exceptions to the age criteria.

L.1987, c.350, s.4; amended 1993, c.215, s.4; 2009, c.160, s.3.