N.J. Admin. Code § 8:43B-6.8

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:43B-6.8 - Managed risk agreements

(a) The choice and independence of action of a client may need to be limited when the client's individual choice, preference, or action places the client or others at risk, leads to an adverse outcome, or violates the norms of the AFC home, AFC program, or the majority of the residents.

(b) If a client assessment process at N.J.A.C. 8:43B-8.2(a)2 indicates that there is a high probability that a choice or action of the client has resulted or will result in any of the conditions at (a) above, the AFC caregiver shall:

1. Identify the specific causes for concern;

2. Provide clear, understandable information about the possible consequences of the client's choice, preference, or action to the client and, if the client agrees, the client's family or client representative;

3. Seek to negotiate a managed risk agreement with the client or client representative and the AFC caregiver that will minimize the possible risk and adverse consequences of the client's choice, preference, or action while still respecting the client's preferences; and

4. Document the process of negotiation and, if no agreement can be reached, the lack of agreement, and the decisions of the parties involved.

(c) Managed risk agreements shall be negotiated with the client or client representative, the AFC caregiver, and the AFC sponsor agency and shall address the following areas, in writing:

1. The specific causes for concern;

2. The probable consequences if the client continues the choice, preference, or action that is identified as a cause for concern;

3. The client's preferences;

4. Possible alternatives to the client's current choice, preference, or action;

5. The final agreement reached by the client or client representative, the AFC caregiver, and the AFC sponsor agency; and

6. The date the agreement is executed and, if needed, the time frames in which the agreement will be reviewed.

(d) The AFC sponsor agency shall:

1. Provide a copy of the managed risk agreement to the client or client representative, and the AFC caregiver;

2. Retain a copy of the agreement in the client's file; and

3. Document the managed risk agreement in the client service plan when it is implemented.

N.J. Admin. Code § 8:43B-6.8

Adopted by 55 N.J.R. 377(a), effective 3/6/2023