N.J. Admin. Code § 13:45B-2.9

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:45B-2.9 - Uncertified and unlicensed individuals providing home-based services

(a) When an employment agency sends an individual who is not licensed or certified as a homemaker-home health aide or health care professional to a patient/employer's home to provide home-based services, the employment agency shall provide to the patient/employer:

1. Written notification that the individual is not a certified homemaker-home health aide or licensed or certified by the Division of Consumer Affairs as a health care professional;

2. A written statement, on the employment agency's letterhead, indicating:

i. The name and address of the individual; and

ii. The title of any course the individual successfully completed that prepared the individual to provide services to the patient/employer, the date the course was completed and the place at which the course was taken;

3. Certification from the employment agency that the individual is a United States citizen or legally-documented alien who can legally work in the United States; and

4. Certification from the employment agency that it has verified the individual's employment history or has obtained at least two character references for the individual.

(b) The information required by (a) above shall be provided to a patient/employer at least 24 hours prior to the provision of services.

(c) A patient/employer may waive the right to obtain the information required by (a) above within the time frame set forth in (b) above. Such waiver must be in writing and must be maintained for at least two years by the employment agency. When a patient/employer has waived his or her right to obtain the information within the time frame set forth in (b) above, the information required by (a) above shall be provided to the patient/employer prior to the provision of services.

N.J. Admin. Code § 13:45B-2.9

New Rule, R.2008 d.155, effective 6/16/2008.
See: 39 N.J.R. 2323(a), 40 N.J.R. 3744(b).