New Jersey Administrative Code, Title 5A — Military and Veterans' Affairs

N.J. Admin. Code Tit. 5A, ch. 1 Reserved

History

• CHAPTER SOURCE AND EFFECTIVE DATE:
• R.2015 d.164, effective 9/24/2015.
• See: 47 N.J.R. 2633(b).
• CHAPTER HISTORICAL NOTE:
• Chapter 1, Organization of the New Jersey Department of Military and Veterans' Affairs, was adopted as R.1990 d.200, effective 3/12/1990. See: 22 N.J.R. 1117(c). Pursuant to Executive Order No. 66(1978), Chapter 1 expired on 3/12/1995.
• Chapter 1, Department of Military and Veterans Affairs Organizational Rules, was adopted as R.1999 d.44, effective 1/7/1999. See: 31 N.J.R. 401(a). Administrative correction. See: 31 N.J.R. 638(b).
• Chapter 1, Department of Military and Veterans Affairs Organizational Rules, was readopted as R.2003 d.506, effective 11/19/2003. See: 35 N.J.R. 5544(b).
• Chapter 1, Department of Military and Veterans Affairs Organizational Rules, was readopted as R.2008 d.320, effective 9/25/2008. As a part of R.2008 d.320, Chapter 1 was renamed Department of Military and Veterans' Affairs Organizational Rules. See: 40 N.J.R. 6199(a).
• In accordance with N.J.S.A. 52:14B-5.1b, Chapter 1, Department of Military and Veterans' Affairs Organizational Rules, was scheduled to expire on 9/25/2015. See: 43 N.J.R. 1203(a).
• Chapter 1, Department of Military and Veterans' Affairs Organizational Rules, was readopted as R.2015 d.164, effective 9/24/2015. See: Source and Effective Date. See, also, section annotations. See: 47 N.J.R. 2633(b).
• Chapter 1, Department of Military and Veterans' Affairs Organizational Rules, expired on September 24, 2022.
• CHAPTER AUTHORITY: N.J.S.A. 38A:3-2.2 and 6(o) and 52:14B-3 and 4.

Chapter 2 LEAVES OF ABSENCE FOR MILITARY DUTY FOR AND BY MEMBERS OF THE ORGANIZED MILITIA

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 5A:2-1.1 Scope

(a) This chapter is applicable to members of the organized militia of this State which consists of the New Jersey Army and Air National Guard (hereinafter "National Guard"), Naval Militia, and State Guard and their employers so long as the employer is the State, a board, commission, authority or other instrumentality of the State or a county, school district or municipality of this State. This chapter does not apply to employees serving in Reserve Components of the Armed Forces other than the organized militia of New Jersey.

(b) Members of other Reserve Components of the Armed Forces to include the Army Reserve, Navy Reserve, Air Force Reserve, Coast Guard Reserve, Marine Corps Reserve, and members of the National Guard of other states whose employers are the State of New Jersey, a county, school district, municipality, board, commission, or authority should refer to New Jersey Civil Service Commission rule on military leave for guidance. See N.J.A.C. 4A:6-1.11.

(c) For members of the organized militia, this chapter should be read in conjunction with the Civil Service Commission rule on military leave. See N.J.A.C. 4A:6-1.11.

(d) In addition to the obligations set forth in this chapter, both public and private employers have additional, concurrent obligations under Federal law regarding military leave. See 38 U.S.C. §§ 4301 et seq.

History

• Amended by 47 N.J.R. 2061(b), effective 8/17/2015

N.J. Admin. Code § 5A:2-1.2 Definitions

The following words and terms, when used in this chapter, shall have the following meanings:

"Federal active duty or active duty for training" means active duty ordered in accordance with any Federal law, including, but not limited to, Titles 10 and 32 of the United States Code or any Federal regulations.

"State active duty" means active duty ordered in accordance with any law or rule of this State.

History

• New Rule, R.2003 d.22, effective 1/21/2003.
• See: 34 N.J.R. 2890(a), 35 N.J.R. 404(a).
• Amended by R.2008 d.35, effective 2/19/2008.
• See: 39 N.J.R. 4476(a), 40 N.J.R. 879(a).
• In the definition "Federal active duty or active duty for training", inserted "active" preceding "duty ordered"; and substituted definition "State active duty" for definition "State active duty or active duty for training".

Subchapter 2 MILITARY LEAVE

N.J. Admin. Code § 5A:2-2.1 General policy

(a) Employers that are the State or a board, commission, authority, or other instrumentality of the State or a county, school district, or municipality of the State are required to grant leaves of absence to members of the organized militia in accordance with N.J.S.A. 38A:4-4, which provides:

1. A permanent or full-time temporary officer or employee of the State or of a board, commission, authority, or other instrumentality of the State or of a county school district or municipality who is a member of the organized militia shall be entitled, in addition to pay received, if any, as a member of the organized militia, to a leave of absence from his or her respective duties without loss of pay or time on all days during which he or she shall be engaged in any period of State or Federal active duty provided, however, that the leaves of absence for Federal active duty or active duty for training shall not exceed 90 work days in the aggregate in any one calendar year. Any leave of absence for such duty in excess of 90 work days shall be without pay but without loss of time.

2. Leave of absence for such military duty shall be in addition to the regular vacation or other accrued leave allowed such officers and employees by the State, county or municipal law, ordinance, resolution or regulation.

Notwithstanding (a) above, a full-time temporary officer or employee who has served under such temporary appointment for less than one year shall receive for the service described in (a), (a)1 and (a)2 above leave without pay but without loss of time.

(b) Leaves of absence with pay are not authorized for Inactive Duty Training. Inactive Duty Training (IDT) is defined by Army, Air Force, National Guard, and State rules and regulations and includes, but is not limited to:

1. Unit Training Assemblies/Periods (UTA/UTP): This training is commonly known as weekend drill or battle assembly;

2. Rescheduled Unit Training Assemblies/Periods (RUTA/RUTP): This training is a makeup period for a UTA/UTP;

3. Multiple Unit Training Assemblies/Period (MUTA/MUTP): This training is for multiple UTAs/UTPs;

4. Split Unit Training Assemblies/Periods (SUTA/SUTP): This training is a makeup period for a UTA/UTP;

5. Additional Flight/Flying Training Period (AFTP): Additional time authorized for flight training/validation;

6. Readiness Management Assemblies/Periods (RMA/RMP): Used to plan, manage, and/or prepare for training;

7. Additional Training Assemblies/Periods (ATA/ATP): Used to accomplish administrative actions in support of training;

Additional Unit Training Assembly/Period (AUTA/AUTP): Additional time authorized for training and instruction;

9. Proficiency Training (PT);

10. Training Period Preparation Assembly (TPPA);

11. Equivalent Training Assembly/Period (ETA/ETP): This training is a makeup period for a UTA/UTP;

12. Junior Leader Training for Civil Disturbance (JLTCD): This training is in addition to IDT for Junior Leaders to train on civil disturbance;

13. Additional Simulation Training Assembly/Period (ASTA/ASTP): Additional time authorized for training/validation on simulator devices; and

Inactive Duty Funeral Honors (IDFH): This is for performance or duty as a participant during a military funeral honors.

(c) Employees are entitled to leaves of absence without pay but without loss of time for inactive duty training as identified in (b) above.

History

• Amended by 47 N.J.R. 2061(b), effective 8/17/2015

Chapter 3 NEW JERSEY DISTINGUISHED SERVICE MEDAL

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 5A:3-1.1 Purpose

This chapter establishes procedures for the State, in accordance with N.J.S.A. 38A:15-2, to recognize and commemorate the distinguished military service of its sons and daughters through the awarding of the New Jersey Distinguished Service Medal.

History

• Amended by R.2005 d.299, effective 9/6/2005.
• See: 37 N.J.R. 1931(b), 37 N.J.R. 3295(a).
• Added ", in accordance with N.J.S.A. 38A:15-2," following "for the State".

N.J. Admin. Code § 5A:3-1.2 Definitions of types of discharges from service

The following words and terms, as used in this subchapter to describe characterization of a service member's service at separation, shall have the following meanings, unless the context clearly indicates otherwise.

"Discharge under other than honorable conditions" means that discharge specified when the reason for separation is based upon a pattern of behavior or one or more acts or omissions that are not acceptable military conduct.

"General discharge (under honorable conditions)" means that discharge specified when significant negative aspects of the soldier's conduct or performance outweigh positive aspects of the soldier's military record. If a soldier's service has been honest and faithful, it is appropriate to characterize that service as under honorable conditions.

"Honorable discharge" means that discharge specified when the quality of service generally has met the standards of acceptable conduct and performance of duty for military personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

Subchapter 2 AWARD CRITERIA, APPLICATION PROCEDURES AND ISSUANCE

N.J. Admin. Code § 5A:3-2.1 Criteria for award

(a) Any member of the organized militia or the Armed Forces of the United States or a Reserve component thereof, or who was honorably discharged therefrom, shall be eligible for the New Jersey Distinguished Service Medal.

(b) To qualify for the New Jersey Distinguished Service Medal, the individual must have been a resident at the time of entry into service or has been a resident of this State for at least 20 years in the aggregate; and:

1. Has served in a combat theater of operations during a time of war or emergency as attested to by the awarding of an honorable discharge (DD 214 or WD 53) by the respective Armed Forces; or

2. Has been officially listed as a prisoner of war or missing in action by the United States Department of Defense.

(c) Individuals eligible for the award, whose service was recognized by the award of the Bronze Star, Purple Heart, Air Medal, or equivalent, or higher medal, shall also be awarded the silver oak leaf cluster to be affixed to surface and suspension ribbons.

(d) Applicants who received either a general discharge (under honorable conditions) or a discharge under other than honorable conditions shall not be considered for this award.

History

• Amended by 51 N.J.R. 989(a), effective 6/17/2019

N.J. Admin. Code § 5A:3-2.2 Standards

The New Jersey Distinguished Service Medal shall be awarded only to those persons whose entire service, subsequent to the time of receipt of citation, shall have been honorable. The New Jersey Distinguished Service Medal may be awarded posthumously to a designated survivor of the deceased. Not more than one New Jersey Distinguished Service Medal shall be awarded to any one person.

History

• New Rule, R.2011 d.082, effective 3/7/2011.
• See: 42 N.J.R. 2172(a), 43 N.J.R. 617(a).
• Former N.J.A.C. 5A:3-2.2, Procedures for requesting award, recodified to N.J.A.C. 5A:3-2.3.

N.J. Admin. Code § 5A:3-2.3 Procedures for requesting award

(a) The awarding of the New Jersey Distinguished Service Medal to members of the organized militia shall be made in accordance with procedures established by the Adjutant General.

(b) Applications for the New Jersey Distinguished Service Medal will be made by using DMAVA Form 416 (Application for NJDSM, N.J.A.C. 5A:3 Appendix A, incorporated herein by reference). All requests will be forwarded with substantiating documentation (that is, DD 214 or WD 53) to:

The Adjutant General

New Jersey Department of Military and Veterans' Affairs

ATTN: Director of Veterans Services

PO Box 340

Trenton, New Jersey 08648-0340

1. Documentation must include Honorable Discharge and proof of current New Jersey residency with a minimum of 20 years.

(c) The New Jersey Distinguished Service Medal for a deceased person or a person absent as a prisoner of war or missing in action may be requested by, and shall be issued to, a parent, spouse, sibling, child, or other relative who submits all of the required forms and documentation on behalf of that person. The request must include a copy of the veteran's death certificate (if applicable), and proof of relationship, such as a birth certificate, marriage certificate, or baptismal certificate.

History

• Amended by 51 N.J.R. 989(a), effective 6/17/2019

N.J. Admin. Code § 5A:3-2.4 Issuance of the award

Upon verification of eligibility for the award, the Department of Military and Veterans' Affairs shall issue, at no cost to the applicant, the New Jersey Distinguished Service Medal with the service ribbon (and, if eligible pursuant to N.J.A.C. 5A:3-2.1(c), the silver oak leaf cluster) with appropriate certificate in the name of the Governor of the State of New Jersey. The Department holds medal presentations ceremonies, across the State and throughout the year. In the event that the veteran or applicant is unable to attend the ceremony scheduled in his or her local area, the awards will be presented at the State Veterans Service Office that is closest in proximity to veteran's or applicant's residence.

History

• Recodified from N.J.A.C. 5A:2-2.3 and amended by R.2011 d.082, effective 3/7/2011.
• See: 42 N.J.R. 2172(a), 43 N.J.R. 617(a).
• Inserted the last two sentences.

Chapter 4 BRIGADIER GENERAL WILLIAM C. DOYLE VETERANS' MEMORIAL CEMETERY

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 5A:4-1.1 Scope

(a) This chapter is applicable to all residents of the State who served in any capacity on active duty with the Armed Forces of the United States of America and who have been separated or discharged from such active duty under conditions other than undesirable or dishonorable.

(b) This chapter is applicable to all residents of the State who are or were members of the Reserve Components of the Armed Forces of the United States of America who have 20 years of service creditable for retired pay. Members of the State Organized Militia shall be considered in accordance with N.J.A.C. 5A:4-2.3.

(c) In addition to eligible New Jersey veterans, his or her spouse or eligible dependent children, this chapter applies to all private funeral directors who provide assistance in the interment at the Brigadier General William C. Doyle Veterans' Memorial Cemetery.

History

• Amended by 48 N.J.R. 2242(b), effective 11/7/2016

N.J. Admin. Code § 5A:4-1.2 Purpose

The purpose of this chapter is to identify and establish the eligibility rules for interment in the Brigadier General William C. Doyle Veterans' Memorial Cemetery located in North Hanover Township, New Jersey, hereinafter referred to as the Veterans' Memorial Cemetery or Cemetery.

History

• Amended by R.2004 d.316, effective 8/16/2004.
• See: 36 New Jersey Register 1344(a), 36 New Jersey Register 3876(a).
• Substituted "North Hanover Township" for "Arneytown" preceding "New Jersey".

Subchapter 2 ELIGIBILITY CRITERIA

N.J. Admin. Code § 5A:4-2.1 Veterans' interment eligibility

(a) Eligibility for interment in the Brigadier General William C. Doyle Veterans' Memorial Cemetery is based on 38 U.S.C. §§ 2402 through 2408; 38 C.F.R. § 39.3(b)(1); P.L. 1985, c.149 and N.J.S.A. 38A:3-2.2, 3-6(o) and (u).

(b) The following eligibility criteria are outlined in order to delineate and clarify the provisions of (a) above:

1. The applicant to be interred must be a legal resident of the State of New Jersey at time of death or have lived at least 50 percent of his or her life within the State.

2. Proof of eligibility for a veteran to be interred is a valid discharge from the Armed Forces of the United States of America indicating that the character of service was other than dishonorable or undesirable. Proof of eligibility for a reserve component member, or prior member, of the Armed Forces of the United States is a valid letter of "Notification of Eligibility for Retired Pay at Age Sixty" provided to the individual by his or her reserve component command.

3. Proof of New Jersey residency is considered to be one of the following:

i. A New Jersey Driver's License;

ii. A New Jersey Voter's Registration Card;

iii. A paid New Jersey real estate tax bill;

iv. A deed to New Jersey property;

v. Utility bills that are current within the last 90 days with the veteran's name and New Jersey address appearing thereon; or

vi. Other similar documentation indicating New Jersey residency.

4. In the absence of an acceptable discharge document or proof of residency, the interment may be subject to delay in order to permit a determination of eligibility.

5. In cases where eligibility for interment must be verified by the United States Department of Veterans' Affairs or by a Reserve Component Command, the Administrator of the Cemetery shall not permit interment pending final decision. The Administrator shall advise the funeral director that interment cannot proceed until eligibility is established.

6. If a funeral cortege arrives at the Veterans' Memorial Cemetery and eligibility has not been established, a committal service may be permitted. However, interment shall not take place and the remains shall be removed by the funeral director from the cemetery until eligibility has been verified.

History

• Amended by 48 N.J.R. 2242(b), effective 11/7/2016

N.J. Admin. Code § 5A:4-2.2 Family interment eligibility

In order for a spouse or dependent child to be eligible for interment, the eligible sponsor must be interred or agree to be interred in a veterans' memorial cemetery. The surviving spouse of a veteran remains eligible for burial in the Veterans' Memorial Cemetery based on his or her marriage to the veteran, regardless of the status of a subsequent marriage, as long as the effective date of death is on or after January 1, 2000. The Veterans' Memorial Cemetery recognizes a veteran's marriage if the marriage was recognized under the law of the place where at least one of the parties resided when they were married or when the claimant became eligible for benefits. The Veterans' Memorial Cemetery also recognizes all same-sex marriages without regard to a veteran's current or previous state of residence.

History

• Amended by 48 N.J.R. 2242(b), effective 11/7/2016

N.J. Admin. Code § 5A:4-2.3 Members of the State Organized Militia interment eligibility

A member of the State Organized Militia, who while on State Active Duty by Order of the Governor of the State of New Jersey and who dies or is killed in the line of duty, is eligible for interment in the Veterans' Memorial Cemetery. The family of such a State Organized Militia member is eligible for interment in accordance with the provisions of this chapter as they apply to the family of a deceased veteran.

History

• Amended by 48 N.J.R. 2242(b), effective 11/7/2016

N.J. Admin. Code § 5A:4-2.4 Right of appeal

A veteran, a reserve component member, State Organized Militia member, their legal representative, or next-of-kin may appeal a decision regarding eligibility for interment within 30 days of notification of the decision. The appeal shall be in writing and be filed with the Cemetery Administrator who shall forward the request for reconsideration with all documentation to the Department of Military and Veterans' Affairs, attn: The Adjutant General, for final determination. The Department shall respond to the appeal with a final decision within 48 hours.

History

• Amended by 48 N.J.R. 2242(b), effective 11/7/2016

N.J. Admin. Code § 5A:4-2.5 Pre-registration

(a) A resident of New Jersey may apply in advance for interment in the Veterans' Memorial Cemetery.

(b) Applications are made at the Cemetery or any New Jersey Department of Military and Veterans' Affairs Veterans' Services Office. Proof of military service documents and residency shall be provided at that time.

(c) Pre-registration is an acknowledgement of intent for burial and places discharge and residency on file to be activated at time of need at the Veterans' Memorial Cemetery. Pre-registration guarantees burial at the cemetery but not a specific location in the cemetery.

History

• Amended by R.2004 d.316, effective 8/16/2004.
• See: 36 New Jersey Register 1344(a), 36 New Jersey Register 3876(a).
• In (b), inserted "the Cemetery or" preceding "New Jersey Department"; in (c), added the second sentence.

Subchapter 3 GENERAL OPERATING RULES FOR BRIGADIER GENERAL WILLIAM C. DOYLE VETERANS' MEMORIAL CEMETERY

N.J. Admin. Code § 5A:4-3.1 Policy

The Brigadier General William C. Doyle Veterans' Memorial Cemetery is New Jersey's public owned and operated veterans' cemetery. As such, it is a memorial to the sacrifices and contributions made by New Jersey's veteran population to the freedoms shared by all of New Jersey's residents.

N.J. Admin. Code § 5A:4-3.2 General operations

(a) Flat, bronze grave markers, as prescribed and provided by the Division of Memorial Affairs, United States Department of Veterans' Affairs, are the only markers permitted at the Veterans' Memorial Cemetery.

(b) No graveside services are permitted. The funeral director and the immediate family of the deceased may witness the actual burial upon request, in which case accommodations shall be made for a curbside view of the interment.

(c) Depending upon the availability of resources, the Veterans' Memorial Cemetery shall normally be open for visitation seven days a week during the hours of 8:00 A.M. to dusk. The Administrative Office shall be open Monday through Friday, during the hours of 8:00 A.M. to 4:00 P.M., except for State holidays.

(d) The use of cemetery grounds for public gatherings of a partisan nature is not permitted.

(e) Boisterous, demeaning activity or conduct on any cemetery grounds is not permitted.

(f) Littering is not permitted.

(g) Only fresh cut flowers, artificial flowers and plants which can be inserted into cones shall be allowed. Only two floral cones shall be permitted at the top edge of the grave marker. Cones approved are those provided without charge by the cemetery. Those obtained by the family or obtained privately shall conform to those supplied by the cemetery.

(h) No plantings of any type are permitted on cemetery grounds or on grave sites. No potted plants, wreaths, emblems, or other forms of decorative articles are permitted on grave sites, except for as authorized in this section.

(i) Flowers of any kind which become unsightly, faded or wilted shall be removed by cemetery personnel.

(j) Evergreen blankets and wreaths shall be permitted on graves beginning December 1 and shall be removed by cemetery personnel no earlier than January 15.

(k) Wreaths and/or floral arrangements are permitted during holidays and shall be removed by cemetery personnel one week after the holiday. Holidays include: Easter, Mother's Day, Father's Day and Veterans' Day.

(l) Flags shall be placed on each grave by cemetery personnel only during "Memorial Day" observance.

(m) The cutting or breaking of, or injury to, the trees, shrubs, grass or other plantings is not permitted.

(n) Recreational activity such as picnicking, ball playing, bicycling, skate boarding, jogging, and horseback riding shall not be permitted anywhere on cemetery grounds. Consumption of alcoholic beverages is strictly forbidden on cemetery grounds.

(o) Pets are not permitted on or near any grave site area.

(p) Permission for any type of commercial photography must be received from the Cemetery Administrator prior to the planned event.

(q) Eligible resident New Jersey veterans, Reserve component members, State Organized Militia members, their spouse, and eligible dependents shall be interred at no cost.

(r) Eligible New Jersey veterans and members of reserve components and State Organized Militia interred in cemeteries other than the Veterans' Memorial Cemetery may be disinterred at no cost to the State and re-interred at the Veterans' Memorial Cemetery in accordance with (q) above.

(s) All bronze memorial markers ordered for eligible members of the reserve components by the cemetery in accordance with the United States Department of Veterans' Affairs procedures shall indicate the appropriate related active component (such as "U.S. Army" for Army Reservist) of the sponsor and will not reflect wartime service even when service periods coincide with war periods. Families who wish to show a specific reserve component or State Military Forces (such as the New Jersey Army National Guard) shall be charged a minimal fee as established by the National Cemetery System, United States Department of Veterans' Affairs.

History

• Amended by 48 N.J.R. 2242(b), effective 11/7/2016

Subchapter 4 GENERAL OPERATING RULES FOR FUNERAL DIRECTORS WHEN DEALING WITH THE BRIGADIER GENERAL WILLIAM C. DOYLE VETERANS' MEMORIAL CEMETERY

N.J. Admin. Code § 5A:4-4.1 General requirements

(a) In an effort to avoid unnecessary stress to the bereaved family and to ensure that the scheduling of interments proceed without delay, funeral directors shall:

1. Confirm appointments for interments with the Interment Scheduling Office of the Cemetery before making any commitments to the family regarding date and time of burial; and

2.Before a funeral service, committal service, burial, and/or bronze marker order can be scheduled, the following documents must be provided to the Cemetery:

i. The Burial, Cremation, Removal, or Transit Permit (required for all interments and must be presented prior to service);

ii. The Military Discharge (DD Form 214) in the case of a veteran or proof of eligibility of 20 years of service creditable for retired pay as members of a reserve component of the Armed Forces of the United States of America. (If the applicant has pre-registered with the cemetery, this proof shall not be required.);

iii. The Certified Death Certificate (or Abstract); and

iv. The proof of New Jersey residency.

(b) The bronze memorial marker shall not be ordered until all of the documentation listed in (a) above has been received.

History

• Amended by 48 N.J.R. 2242(b), effective 11/7/2016

N.J. Admin. Code § 5A:4-4.2 Funeral directors' responsibilities

(a) For interments in the Veterans' Memorial Cemetery, funeral directors are responsible for the following:

1. All funeral arrangements in compliance with applicable State laws and rules;

2. Supervision of the cortege;

3. Directions to the Cemetery;

4. Clergy if requested for the committal service;

5. Notifying the cemetery of any eligible children (such as those who are handicapped or under 21 years of age) in accordance with U.S.C. Title 38; and

6. Notifying the cemetery when an oversized or private vault is required.

History

• Amended by R.2004 d.316, effective 8/16/2004.
• See: 36 New Jersey Register 1344(a), 36 New Jersey Register 3876(a).
• In (a), deleted 4 and recodified existing 5 through 7 as 4 through 6.

N.J. Admin. Code § 5A:4-4.3 Chapel

(a) A chapel is available for committal services; additionally, the chapel has a patio for outside services.

(b) A committal shelter is also available for outside services.

N.J. Admin. Code § 5A:4-4.4 Assignment of gravesites

Gravesites/niches are assigned the afternoon on the day before the interment service. The next available grave or niche is assigned for the interment or inurnment. Assignment of graves and niches are made without regard to military rank, race, color, creed, or gender of the qualifying service member.

History

• Amended by 48 N.J.R. 2242(b), effective 11/7/2016

N.J. Admin. Code § 5A:4-4.5 Floral arrangements

(a) Due to the restrictive size of the Veterans' Memorial Cemetery Chapel, only three floral pieces shall be brought to the chapel for committal services.

(b) Only one floral piece shall be placed at the grave site. Excess floral pieces may be utilized as the family wishes or shall be removed by funeral director.

(c) The next of kin or representative shall sign a Grave Configuration Form and a Marker Form prior to the committal service.

History

• Amended by 48 N.J.R. 2242(b), effective 11/7/2016

Subchapter 5 DISINTERMENTS

N.J. Admin. Code § 5A:4-5.1 General

Interments at the Veterans' Memorial Cemetery are also considered permanent and final. Disinterments will be permitted only for cogent reasons and then only with the prior written authorization of the Director of the Division of Veterans' Services for the New Jersey Department of Military and Veterans' Affairs.

History

• Adopted by 48 N.J.R. 2242(b), effective 11/7/2016

N.J. Admin. Code § 5A:4-5.2 Administrative requirements

(a) Disinterments from the Veterans' Memorial Cemetery will be approved only when all living immediate family members of the decedent, to include the person who initiated the interment (regardless if he or she is a member of the immediate family), give their written consent, or when a court order or State instrumentality of competent jurisdiction directs the disinterment.

1. "Immediate family members" are defined as the surviving spouse, whether or not he or she is remarried; all adult children of the decedent; the appointed guardian(s) of minor children; and the appointed guardian(s) of the surviving spouse or of the adult child(ren) of the decedent.

2. In the absence of a surviving spouse and children, the decedent's parents will be considered "immediate family members."

(b) All requests for authority to disinter the decedent's remains will be submitted in writing to the New Jersey Department of Military and Veterans' Affairs, Director of Veterans' Services, and include the following information:

1. A full statement of reasons for the proposed disinterment;

2. Notarized statements by all eligible living immediate family members of the decedent to include the person who initiated the interment (regardless if he or she is a member of the immediate family), that they consent to the proposed disinterment; and

3. A notarized statement, by the person requesting the disinterment that those who supplied affidavits comprise all of the living immediate family members of the decedent.

(c) In lieu of the documents in (b) above, an order of a court of competent jurisdiction will be considered. The Brigadier General William C. Doyle Veterans' Memorial Cemetery and/or officials of the Cemetery should not be made a party to the court action, as this is a matter among the family members involved.

(d) When a disinterment has been authorized, written notification will be sent to the funeral home and/or requester. The notification must inform the requester that costs related to the disinterment must be at private expense and that a date and time for the disinterment must be coordinated with the Cemetery Interment Office for scheduling purposes. Sensitive or unusual cases that could impact negatively on the State of New Jersey would be referred to the Office of the Attorney General for resolution.

History

• Adopted by 48 N.J.R. 2242(b), effective 11/7/2016

N.J. Admin. Code § 5A:4-5.3 Operational requirements

(a) Disinterments will be supervised at the grave by the Cemetery Superintendent or his or her designated representative.

(b) Special care will be shown toward adjacent graves and headstones to avoid or minimize damage.

(c) Cemetery personnel will reopen the grave to one foot above the top of the casket or casket container. Cremated remains that are inurned may be fully uncovered.

(d) Cemetery personnel will not handle remains or otherwise participate in any other aspect of the disinterment operation of a full casket.

(e) A disinterment charge will be made to the family for the supervision of, and participation in, the disinterment operation, as follows:

1. Disinterment of a full casket: $ 500.00;

2. Disinterment of a buried urn: $ 200.00; and

3. Disinterment of an unburied urn: $ 100.00.

(f) The headstone or marker removed from the grave will not be shipped to the cemetery where the remains are to be reinterred. If the remains are to be buried at another cemetery under the jurisdiction of the Veterans' Administration a new headstone will be ordered by the director of the receiving cemetery. There is no charge to the next of kin for the new government-furnished headstone/marker. The old marker will be disposed of in accordance with provisions outline by the Veterans' Administration.

History

• Adopted by 48 N.J.R. 2242(b), effective 11/7/2016

Chapter 5 NEW JERSEY VETERANS' MEMORIAL HOMES

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 5A:5-1.1 Purpose

The purpose of this chapter is to establish requirements for eligibility for admission, pre-admission screening, admission review and implementation, computation of the care maintenance fee for New Jersey veterans' facilities, and the basis for discharge or transfer from such facilities.

N.J. Admin. Code § 5A:5-1.2 Definitions

The words and terms, as used in this chapter, shall have the following meanings. All other words shall be given their ordinary meaning unless the content of their use clearly indicates otherwise.

"Accountable assets" means all items that have a determined value and are owned solely by the applicant or spouse, or owned jointly with spouse, jointly with others, or jointly by the spouse and others, and must be spent down or liquidated and used toward payment of the resident's care and maintenance fee. IRAs and annuities are considered as accountable assets and will be treated as income.

"Admission" means the procedure for entering one of the New Jersey veterans' memorial facilities.

"Aid and attendance" means supplemental income provided by the U.S. Department of Veterans' Affairs for extended care services.

"Allied veterans" means those veterans of nations allied or associated in conflicts against an enemy of the United States during World War I or II. This is inclusive of members of the armed forces of Czechoslovakia or Poland. Allied veterans are required to have been a citizen of the United States for at least 10 years.

"Allowable deductions" means those approved items which will be subtracted from the gross income, including the personal needs allowance, when calculating care and maintenance fee.

"Asset determination" means an investigation and evaluation of the financial circumstances of a person applying for admission to a New Jersey veterans' memorial facility.

"Care and maintenance" means the actual cost of services for an individual in one of the New Jersey veterans' memorial facilities.

"Community spouse" means the married spouse of a veterans' memorial home resident who does not receive long-term care in a medical institution or nursing facility.

"Conservatorship" means the appointment of a person by the court to manage the financial affairs of a conservatee. A "conservatee" is one who has not been judicially declared incompetent, but who by reason of advanced age, illness, or physical infirmity, is unable to care for or manage his or her property or who has become unable to provide for himself or herself or others dependent upon him or her for support.

"Dependent" means a child of the Veteran Home Resident who is under the age of 21 or a child of any age who is blind or totally and permanently disabled. In the event that the child does not have a determination from the Social Security Administration of blindness or disability, the blindness or disability shall be evaluated by the Disability Review Section of the Division of Medical Assistance and Health Services in accordance with the provisions of N.J.A.C. 10:71-3.1 3.

"Discharge" means the permanent removal from a New Jersey veterans' memorial facility.

"Durable power of attorney" means a legal document that enables an individual to designate another person(s) to act on his or her behalf, in the event the individual becomes disabled or incapacitated. A health proxy, also known as a durable power of attorney for healthcare, can also be appointed for medical decisions. The durable power of attorney terminates upon the death of the originator.

"Eligible others" as defined and listed in order of priority below will be admitted to a New Jersey veterans' memorial home, as long as the census of non-veterans does not exceed 25 percent of the total population.

1. "Gold Star parent" means the mother or father of a person who was a resident of New Jersey at the time of service entry, and who died an honorable death in time of war or emergency while in the active military service of the United States, provided that the parent has been a resident of New Jersey for at least two years prior to the date of application.

"Surviving spouse" means the widow or widower of a person who died an honorable death while in the active military service of the United States, or who was a disabled veteran at the time of death, provided that the surviving spouse was the person's spouse at the time of the person's service or was married to the person not less than 10 years prior to the date of application and has not married since the person's death, and provided that the surviving spouse has been a resident of New Jersey for at least two years prior to the date of application.

3. "Spouse" means the person legally married with a valid marriage license that is in accord with New Jersey law to an individual who has been other than dishonorably discharged from the active military of the United States, provided that the spouse is not less than 50 years of age, has been married to such person for a period of not less than 10 years, and meets the New Jersey residency requirement as described in paragraph 1 of the definition of "veteran" below.

"Extraordinary expense deduction" means a financial deduction as a major excessive expense to maintain the basic household, medical, or transportation needs.

"Facility resident" means an individual residing in a New Jersey veterans' memorial home.

"Gross income" means all income and/or revenue received by resident for a given period. Includes, but not limited to, funds received for labor or services, social security, pensions, aid and attendance, net rental income of property, and/or the proceeds of business or enterprises and investments not to include losses. Service connected disability compensation funds shall not be counted as gross income.

"Guardian" means a person who has been entrusted as the legal representative of one who has been adjudicated incapacitated by a court of law and requires a legal representative to act on their behalf for all matters.

"Guardianship" means the process by which an individual is appointed the legal representative of another person who has been adjudicated incapacitated by a court of law and requires a legal representative to act on their behalf for all matters.

"Irrevocable trust" means the funds set aside in a trust not to be recalled, revoked or annulled.

"Lien application" means a process initiated to obtain financial payment for all delinquent accounts for services received.

"Living will" means a legal document that provides instructions and directions regarding healthcare in the event that the individual subsequently lacks such decision-making capability.

"Maximum allowable asset" means that all sources of accountable assets shall not exceed $ 24,000 for a single applicant or $ 110,000 for a married applicant.

"Medicare" means a system of governmental insurance for providing medical and hospital care for the aged from Federal social security funds.

"Net income" means the total gross income received, minus allowable deductions.

"Non-accountable assets" means those items of determined value that are owned solely by the applicant or spouse. The following are considered non-accountable assets:

The primary residence and any appurtenance thereto, including proceeds from the sale of the residence. However, if the property is sold, any income earned from the investment of any or all of the proceeds will be counted as income.

2. All of the household effects therein; and

3. An automobile if there is a community spouse.

"Personal needs account" means an account maintained at the veterans' facility for deposit of the personal funds of the resident and which will be considered part of the accountable assets. This account shall be administered by the veterans' facility or treasurer of the State of New Jersey.

"Personal needs allowance" means a set amount received by a resident for individual use and spending. The personal needs allowance shall be as follows:

1. A resident whose source of monthly income exceeds $ 100.00 will retain a minimum of $ 100.00 for personal needs.

2. A resident whose source of monthly income does not exceed $ 100.00 will retain all of their monthly income.

3. A resident who has no source of funds will be provided a monthly allowance for personal needs of $ 50.00.

4. The welfare fee will be reduced to maintain the minimum of $ 100.00 for the resident's personal needs.

"Physician Orders for Life Sustaining Treatment (POLST)" is a New Jersey law designed to provide a mechanism to further define preferences for healthcare concerning life-sustaining treatment of other interventions for progressive illnesses and/or end of life decisions.

"Representative Payor" means a designated person or institution responsible for the payment of the resident's financial obligations.

"Resident" means a legal inhabitant of the state where the primary domicile is located.

"Resident fee" means the monthly charges billed by the veterans' facility to the resident for their cost of care and maintenance.

"Service connected disability" means a disability sustained by veterans who were disabled by an injury or illness that was incurred or aggravated during active military service. These disabilities are considered service-connected. Disability is determined by the United States Department of Veterans' Affairs in accordance with 38 CFR 51.41.

"Spend down" means that which occurs when accountable assets exceed the maximum amount allowed and are liquidated and spent towards the actual care and maintenance cost. This process will continue as long as the accountable assets exceed the maximum amount allowed.

"Transfer" means the placement of a resident to a more suitable environment to meet individual needs.

"Veteran" means:

A person who has been other than dishonorably discharged from the active military service (90 days total active duty service, unless discharged early for service connected disability) of the United States and has been a resident of New Jersey for at least two years prior to the date of application;

2. A person who was a citizen of the State of New Jersey at the time of entrance into the active military service of the United States, and who is qualified for admission except for the required period of State residence. Preference shall be given to persons who have been residents of the State for a period of at least two years prior to application; or

3. A person who is not a citizen of the State of New Jersey and who is classified by the Federal Veterans Affairs Administration as Priority I, II, III, or catastrophic Priority IV.

"Veterans' memorial home" means any home, institution, hospital, or part thereof, the admission to which is under the jurisdiction of the Department of Military and Veterans' Affairs, being the facilities at Menlo Park, Paramus, Vineland, and such other veterans' facilities as may be developed.

"Welfare fund" means an account established at each facility pursuant to N.J.S.A. 38A:3-6.16 for the specific purpose of accepting monies that will be spent for and on behalf of residents' programs, special events and services. It is composed of interest, funds specifically donated, and from monies which have escheated to the welfare fund from the personal needs account of deceased residents leaving no will or next of kin. This fund will provide for and maintain a quality of life which might otherwise not be possible for the residents and shall be administered by the Adjutant General in accordance with the provisions of N.J.S.A. 38A:3-6.16.

"Working spouse" means the married spouse of an individual residing in a New Jersey veterans' memorial home who finds it necessary to continue employment to meet financial needs.

History

• Amended by R.1998 d.3, effective 1/5/1998.
• See: 29 N.J.R. 4215(b), 30 N.J.R. 63(a).
• Amended "Accountable assets", "Allowable deductions", "Care and maintenance", "Community Spouse", "Dependent", "Eligible others", "Needy veteran", "New resident", "Nonaccountable assets", "Personal needs account", "Personal needs allowance", "Veteran", and "Welfare fund"; added "Discharge", "Gross income", "Irrevocable trust", "Maximum allowable asset", "Medicare" and "Transfer"; and deleted "Income".
• Amended by R.2003 d.244, effective 6/16/2003.
• See: 35 N.J.R. 62(a), 35 N.J.R. 2641(a).
• In "Accountable assets", added the last sentence; added "Allied veterans", "Extraordinary expense deduction", "Indigent", "Lien application", "National Guard/Reserve Component", "Respite Care Program" and "Working spouse"; in "Eligible others", rewrote 3i and added 3iii through 3iv.
• Amended by R.2006 d.209, effective 6/5/2006.
• See: 38 N.J.R. 1271(a), 38 N.J.R. 2418(b).
• In definition "Eligible others" substituted "20" for "five" and inserted "by the Director, Veterans Healthcare Services" in the introductory paragraph, inserted present 1, recodified 1 through 3 as 2 through 4, deleted "Spousal priority is as follows:" from the end of 4 and deleted 4i through 4iv; in definition "Maximum allowable asset", substituted "$ 20,000" for "$ 15,000" and "$ 45,000" for "$ 40,000"; added the last sentence in definition "National Guard/Reserve Component"; deleted definition "New resident"; substituted "healthcare and respite care services" for "long term and respite care services as defined in this chapter" in definition "Respite Care Program"; and in definition "Veteran", deleted "or" from end of 1, substituted "; or" for a period at end of 2 and inserted 3.
• Recodified from N.J.A.C. 5A:5-2.1 and amended by R.2008 d.298, effective 10/6/2008.
• See: 40 N.J.R. 3782(a), 40 N.J.R. 5580(a).
• In definition "Maximum allowable asset", substituted "$ 80,000" for "$ 45,000".
• Amended by R.2014 d.022, effective 1/21/2014.
• See: 45 N.J.R. 2065(a), 46 N.J.R. 204(a).
• Rewrote definitions "Accountable assets", "Community spouse", "Durable power of attorney", "Eligible others", and "Resident"; in definition "Extraordinary expense deduction", deleted "one time" preceding "major", and inserted a comma following "medical"; in definitions "Guardian" and "Guardianship", substituted "incapacitated" for "incompetent"; in definition "Maximum allowable asset", deleted "as defined above" following "assets", and substituted "$ 24,000" for "$ 20,000" and "$ 110,000" for "$ 80,000"; in definition "Transfer", deleted "within the Department of Military and Veterans Affairs" following "environment"; added definitions "Facility resident", "Living will", "Physician Orders for Life Sustaining Treatment (POLST)", and "Service connected disability"; deleted definitions "Indigent", "Medically needy applicants", "National Guard/Reserve Component", "Needy veteran", and "Respite Care Program"; and substituted definition "Non-accountable assets" for definition "Nonaccountable assets" and definition "Veterans' memorial home" for definition "Veterans' facility"; and rewrote definition "Non-accountable assets".

Subchapter 2 ELIGIBILITY CRITERIA

N.J. Admin. Code § 5A:5-2.1 Admission eligibility

(a) Eligibility for admission to the New Jersey veterans' memorial homes is considered on financial and qualified medical needs. Veterans shall be given preference and non-veterans shall be admitted to veterans memorial homes, as long as the census of non-veterans does not exceed 25 percent of the total population. The following individuals, in order of priority, are eligible for admission consideration:

1. A New Jersey veteran that meets the New Jersey residency requirement as described in paragraph 1 of the definition of "veteran" in N.J.A.C. 5A:5-1.2.

2. A spouse of a New Jersey veteran who is eligible as a "spouse" or "surviving spouse" as described in paragraphs 2 and 3 of the definition of "eligible others" in N.J.A.C. 5A:5-1.2 and is a resident of this State.

3. Gold Star parents.

4. A veteran who is not a New Jersey resident.

(b) All accountable assets shall be spent down and liquidated and used to pay resident's actual care and maintenance until:

1. A single applicant's maximum allowable assets do not exceed $ 24,000 from all sources of accountable assets;

2. A married couple's maximum allowable assets do not exceed $ 110,000 from all sources of accountable assets.

(c) Admission eligibility is contingent upon a veterans' memorial home's ability to meet the applicant's individual health care needs, which will be reviewed and determined by the admission committees of each veterans' memorial home and bed availability. The applicant shall also sign an Admission Agreement that he or she will accept placement in the veterans' memorial home designated by the Adjutant General, that he or she understands all sources of income to include Social Security shall be considered when determining the care and maintenance fee, and that he or she will abide by the rules, regulations, and discipline of the veterans' memorial home to which admitted. The obligation of such an Admission Agreement shall remain in effect, as long as the resident remains on the census of one of the New Jersey veterans' memorial homes.

(d) The following shall be denied admission into a New Jersey veterans' memorial home:

Applicants who require treatment beyond the facilities' ability to meet the applicants' individual health care and psychological needs;

2. Applicants who are active substance abusers, exhibit active psychiatric problems, or exhibit behaviors that may pose a danger to self or others;

Applicants who refuse to sign the required Admission Agreement under (c) above;

4. Applicants who do not require 24-hour skilled nursing care;

5. Applicants who have been denied admission to another New Jersey veterans' memorial home; and

6. A dependent child.

(e) An approved applicant shall be subject to reevaluation in the following circumstances:

1. Prior to admission;

2. A change in medical or psychological status; or

3. An omission or misrepresentation of significant medical or financial information.

(f) Significant changes in the information required under (e)2 or 3 above may result in denial of admission by the admissions committee as per N.J.A.C. 5A:5-4.1.

(g) Criteria for admitting applicants who are incapable of making decisions for themselves are as follows:

1. Any applicant who is adjudicated legally incompetent is required to have a legal guardian.

i. A copy of the guardianship document shall be submitted with the application prior to admission being scheduled.

2. Any applicant who has a conservatorship shall submit a copy of the document prior to admission being scheduled.

3. Any applicant who has a durable power of attorney for both medical and financial matters shall submit a copy of the document for guardianship criteria to be waived. The document shall be notarized, witnessed and signed by the applicant while competent.

4. In the absence of a durable advance directive or other legal documents, or the next of kin, the facility and its personnel shall act to preserve life when a resident is incapable of making decisions for themselves.

History

• Amended by R.1998 d.3, effective 1/5/1998.
• See: 29 N.J.R. 4215(b), 30 N.J.R. 63(a).
• Inserted new (a)3 and recodified (a)3 and 4 as (a)4 and 5; in (a)4, rewrote list of "Needy eligible others"; in (a)5 added list of "Eligible others"; deleted (e)1, recodified (e)2 and 3 as (e)1 and 2, and inserted new (e)3, inserted new (g)4.
• Amended by R.2003 d.244, effective 6/16/2003.
• See: 35 N.J.R. 62(a), 35 N.J.R. 2641(a).
• In (e), added a new 2 and recodified former 2 and 3 as 3 and 4.
• Amended by R.2006 d.209, effective 6/5/2006.
• See: 38 N.J.R. 1271(a), 38 N.J.R. 2418(b).
• In (a), substituted "15" for "five" in the introductory paragraph, deleted former (a)2, recodified former (a)3 as (a)2 and inserted current (a)3 through (a)6, inserted "New Jersey" in (a)2; recodified former (a)4 and (a)5 as (a)7 and (a)8, rewrote (a)7 and (a)8 and inserted (a)9; substituted "$ 20,000" for "$ 15,000" in (c)1; and "$ 45,000" for "$ 40,000" in (c)2; and substituted "who are incapable of making decisions for themselves" for "with special needs" in the introductory paragraph of (g) and inserted "a" and "or next of kin," in (g)4.
• Recodified from N.J.A.C. 5A:5-2.2 and amended by R.2008 d.298, effective 10/6/2008.
• See: 40 N.J.R. 3782(a), 40 N.J.R. 5580(a).
• In (c)2, substituted "$ 80,000" for "$ 45,000". Former N.J.A.C. 5A:5-2.1, Definitions, recodified to N.J.A.C. 5A:5-1.2.
• Amended by R.2014 d.022, effective 1/21/2014.
• See: 45 N.J.R. 2065(a), 46 N.J.R. 204(a).
• Rewrote the section.

N.J. Admin. Code § 5A:5-2.2 Reserved

History

• Recodified to N.J.A.C. 5A:5-2.1 by R.2008 d.298, effective 10/6/2008.
• See: 40 N.J.R. 3782(a), 40 N.J.R. 5580(a).
• Section was "Admission eligibility".

Subchapter 3 THE ADMISSION PROCESS

N.J. Admin. Code § 5A:5-3.1 Application requirement

(a) Applicants shall be eligible for admission consideration upon completion of the documentation and information reviews as follows:

1. To establish basic eligibility of all applicants, the following documentation and information reviews are required:

i. A completed application for admission;

ii. Service history:

(1) Proof of an other than dishonorable discharge; and

iii. Social history:

(1) A birth certificate;

(2) Marital status verification; and

(3) Verification of residency;

iv. Medical status:

(1) An application for Health Benefits (VA 10-10EZ);

(2) Medicare Part A, B, and D or other creditable prescription coverage;

(3) Other health insurances, including supplemental;

(4) The coverages under (a)1iv(1) and (2) above must be in effect at the time of admission if eligible and must remain in effect, as long as the individual is a resident of one of the New Jersey veterans' memorial homes. Eligible residents who do not maintain Medicare Part A and B and other supplemental health insurance shall not be allowed any medical fee deductions against their care and maintenance fee and shall be responsible for all related fees, as long as they select not to maintain medical insurance;

(5) A Medical History Release Form as determined by the U.S. Veterans' Administration; and

(6) A Medical Certification VA 10-10SH;

v. Financial disclosure:

(1) Assets will be reviewed and considered in determining financial responsibility;

(2) All financial transactions and transfer of resources, which have occurred within 36 months preceding the date of application, will be reviewed and considered as accountable assets;

(3) The value of all assets will be determined as of the date of application and revalued on the date of admission;

(4) Income from all sources shall be disclosed. Income shall be verified by submitting the most recent copy of the Federal and State income tax reports and other such documents as may be required;

(5) A copy of the applicant's long-term care insurance plan shall be provided during the admission process, if applicable; and

(6) A review shall be conducted of all irrevocable trusts;

vi. Verification of admission eligibility as defined in N.J.A.C. 5A:5-2.1; and

vii. Other:

(1) Verification of the responsible party for funeral arrangements and responsibility.

(A) Prepaid burial fund allowance not to exceed a face value of $ 12,000;

(2) Submission of advance directives for health care, if desired by the applicant, such as:

(A) A proxy directive (durable power of attorney for healthcare);

(B) An instructive directive (for example, a living will);

(C) A combined directive (durable power of attorney for health and fiscal matters);

(D) A Physician Order for Life Sustaining Treatment (POLST); and

(E) Appointment of a representational payor, if desired by the applicant.

(b) Applicants shall be admitted to the New Jersey veterans' memorial home upon completion of the following:

1. Approval of the admission committee (N.J.A.C. 5A:5-4);

2. A signed Admission Agreement;

3. VA forms (as determined by the U.S. Veterans' Administration);

4. A Medical History Release Form (VA 10-10SH); and

5. The social services packet with facility release forms.

History

• Amended by R.1998 d.3, effective 1/5/1998.
• See: 29 N.J.R. 4215(b), 30 N.J.R. 63(a).
• Inserted new (a)1iii(1)(C) and (a)1iv (6); in (a)1vi(1)(A) substituted "prepaid burial fund allowance" for "burial insurance" and "$ 7,500" for "$ 10,000"; and inserted new (a)1vi(2)(E) and (F).
• Amended by R.2003 d.244, effective 6/16/2003.
• See: 35 N.J.R. 62(a), 35 N.J.R. 2641(a).
• In (a), substituted "VA 10-10EZ" for "VA 10-10" in the introductory paragraph of 1iii(1) and for "VA 10-10m" in 1iii(2), and rewrote 1iv(6).
• Amended by R.2006 d.209, effective 6/5/2006.
• See: 38 N.J.R. 1271(a), 38 N.J.R. 2418(b).
• Deleted the last sentence of (a)1iii(1)(C), which required a written request to be submitted to the Chief Executive Officer within 30 days after initial admission, deleted "; (A) This Requirement" from (a)1iii(3) and substituted "36" for "18" in (a)1iv(3).
• Amended by R.2008 d.298, effective 10/6/2008.
• See: 40 N.J.R. 3782(a), 40 N.J.R. 5580(a).
• In the introductory paragraph of (a)1iii(1), substituted a colon for a semicolon at the end; in (a)1iii(1)(A), deleted "and" from the end; in (a)1iii(1)(B), inserted "and" at the end; in (a)1iii(1)(C), inserted a comma following "effect", deleted the last sentence and substituted a semicolon for a period at the end; in (a)1iii(2), inserted a semicolon at the end; in (a)1iv(5), deleted "and" from the end; added new (a)1iv(6); recodified former (a)1iv6 as (a)1iv(7); in the introductory paragraph of (a)1vi(1), substituted a period for a semicolon at the end; in (a)1vi(1)(A), substituted "$ 12,000" for "$ 7,500"; and in (a)1vi(3), substituted "; and" for a period at the end.
• Amended by R.2014 d.022, effective 1/21/2014.
• See: 45 N.J.R. 2065(a), 46 N.J.R. 204(a).
• Section was "Sequence of screening activities". Rewrote the section.

Subchapter 4 ADMISSION REVIEW AND IMPLEMENTATION

N.J. Admin. Code § 5A:5-4.1 Admission review policy

(a) It is the policy of the New Jersey veterans' memorial homes to have an admission committee at each home review all completed and tentatively approved applications for appropriateness of placement. A tentatively approved application is one which has produced all required documents and meets admission and financial eligibility requirements. The following areas will be considered in all applications for admission and may be grounds for rejection:

1. Medical and psychosocial needs;

2. Present medical condition;

3. Evaluation of medical acuity levels;

4. Treatments/care required to meet the applicant's individual health care and psychological needs that are beyond the scope of the veterans' memorial home to provide;

5. Applicants who are active substance abusers and/or exhibit active psychiatric problems and/or exhibit behavioral actions that may pose a threat to self or others;

6. Applicants who refuse to sign the required Admission Agreement;

7. Applicants who do not require 24-hour skilled nursing care; and

8. Applicants who have been denied admission to another New Jersey veterans' memorial home.

(b) Within the guidance delineated in this section, the admissions committees of the veteran memorial homes shall determine the eligibility for entrance to their respective veteran home.

(c) If the committee rejects an applicant, the veterans' memorial home will provide written notice of denial and the reason for denial within 14 days to the applicant or representative. The notice of denial issued the applicant shall reference the manner in which, and to whom, the denial may be appealed by written request to The Adjutant General or designee within 30 days of the written notice of denial by the veterans' memorial home. The appeal letter shall be submitted by the applicant, family member, legal power of attorney, or legal guardian only. The decision on the appeal will be considered the final agency action. The adverse decision appeal process is as follows:

1. In situations of medical need where the Admission Committee requires additional information, follow up evaluation or participation in various counseling programs, consideration will be given for placement on the waiting list, following completion and receipt of documentation requested and requirements of the Admission Committee.

2. When the admission committee requirements have been met, the applicants(s) awaiting guardianship or a final determination of an appeal process shall remain on the waiting list in the sequence effective the date the application was originally received, and in accordance with (f) below.

(d) The decision appeal process is as follows:

1. In situations where the admissions committee requires additional information, follow-up evaluation, or participation in various counseling programs, consideration will be given for placement on the waiting list, following completion and receipt of documentation requested and requirements of the admission committee.

2. When the admission committee requirements have been met, the applicant(s) awaiting a final determination of an appeal process shall remain on the waiting list in the sequence effective the date the application was originally received, and in accordance with (f) below.

(e) Approved applicants will be placed on the approved waiting list.

(f) The waiting list process is as follows:

1. All completed applications with the required documentation will be timed and dated when received.

2. Once the applicant is approved for admission, his or her name will be placed on the bottom of the approved waiting list. An applicant, who is awaiting guardianship, or has an appeal pending for a notice of denial, will remain on the waiting list in sequence pending guardianship appointment or final determination of the appeal.

3. There will be no consideration for bypassing approved applicants on the waiting list, except when bed availability is based on gender, veteran preference, and treatment needs (that is, specialty units, infectious diseases, etc.) or the applicant is a spouse of a residing resident.

4. If an approved applicant refuses admission at the time offered, the applicant will be placed at the bottom of the waiting list. This is called an approved deferred admission.

5. The waiting list is a confidential document; numerical assignment will be provided when requested.

History

• Amended by R.1998 d.3, effective 1/5/1998.
• See: 29 N.J.R. 4215(b), 30 N.J.R. 63(a).
• In (a), deleted (a)2 and recodified (a)3 through 7 as (a)2 through 6; in (b), inserted language detailing limitations period for appeal of denied admission.
• Amended by R.2003 d.244, effective 6/16/2003.
• See: 35 N.J.R. 62(a), 35 N.J.R. 2641(a).
• In (a), rewrote 5; rewrote (b); in (c), rewrote 1 and 2 and deleted the second sentence in 4.
• Amended by R.2006 d.209, effective 6/5/2006.
• See: 38 N.J.R. 1271(a), 38 N.J.R. 2418(b).
• Deleted the designation for (b)1, recodified former (b)1i through (b)1iii as (b)1 through (b)3 and inserted "Admission Committee's" in the last sentence of current (b)2.
• Amended by R.2008 d.298, effective 10/6/2008.
• See: 40 N.J.R. 3782(a), 40 N.J.R. 5580(a).
• Added new (b); recodified former (b) and (c) as (c) and (d); and in (d)3, inserted "or the applicant is a spouse of a residing resident".
• Amended by R.2014 d.022, effective 1/21/2014.
• See: 45 N.J.R. 2065(a), 46 N.J.R. 204(a).
• Rewrote the section.

Subchapter 5 CARE MAINTENANCE FEE COMPUTATION

N.J. Admin. Code § 5A:5-5.1 General requirements for computing skilled nursing monthly resident fee

(a) The requirement for establishing a computation for the monthly fee is to ensure that individuals requesting admission to a State of New Jersey veterans' memorial facility pay a portion of the care and maintenance fee based on their monthly income and ability to pay, but not to exceed the established rate as set forth annually by The Adjutant General.

The recommended daily rate is to be forwarded to the Director, Division of Budget and Accounting, Department of Treasury for publication no later than November 10 of each year.

(b) At the time of admission and annually thereafter, based on a determined date, the computation of the monthly resident fee is calculated with the resident or representative payor. The calculation is determined by review of Federal and State income tax returns and all financial statements, income, inclusive of IRAs and annuities as accountable assets, as well as any other financial transactions. This asset review will be required by May 15 with a return date no later than June 30 of each year. As of September 21, 1992, the resident fee will be based on 80 percent of the net income for all residents admitted thereafter. Those individuals residing in the veterans' memorial homes prior to September 21, 1992, will have the resident fee based on 60 percent of the net income.

(c) Residents who sell their house or acquire additional financial assets following admission to the New Jersey veteran's memorial home are required to report these transactions during their annual asset review described in (b) above.

(d) The welfare fund is an account established at each veterans' memorial home pursuant to N.J.S.A. 38A:3-6.16. It is composed of funds specifically donated to the veterans' memorial home welfare fund, or monies, which have escheated to the welfare fund from the personal needs account of deceased residents, leaving no will or next of kin. This trust fund is to be utilized for the benefit and general welfare of the resident population of the institution as a whole. This fund shall provide for, and maintain, a quality of life that might otherwise not be possible for the residents and shall be administered by the Adjutant General in accordance with the provisions of N.J.S.A. 38A:3-6.16. Residents will be required to pay a monthly welfare fee of $ 20.00 or 12 percent of the balance of their monthly income, whichever is less, excluding all allowable deductions and the care maintenance fee payment. These monies will be deposited in the veterans' memorial home's welfare fund.

(e) Payment for the resident care and maintenance fee is due the first of each month.

(f) At the time of admission, a resident will be assessed care and maintenance fees charges for that month prorated according to the date of admission.

(g) At the time of discharge, prepaid care and maintenance fees shall be rebated based upon proration of days.

(h) Yearly care and maintenance increases will be in accordance with established yearly Social Security rate increases.

(i) An Admissions Agreement must be signed by the resident, resident POA or legally appointed guardian delineating fiscal payment responsibilities to the veteran home of choice prior to admission.

(j) Care and maintenance fee accounts that become delinquent are referred to the Department of the Treasury for lien application proceedings as defined in the Department of the Treasury Policy and Procedure for Delinquent Accounts.

(k) Service connected disability status shall be considered as part of the annual maintenance fee computations.

History

• Amended by R.1998 d.3, effective 1/5/1998.
• See: 29 N.J.R. 4215(b), 30 N.J.R. 63(a).
• Inserted new (a) explaining computation of monthly resident fee, recodified (a) through (f) as (b) through (g); in (d), defined how a welfare fund may be established and utilized; in (g), substituted " prepaid care and maintenance fees shall be rebated based upon proration of days" for "there will be no reimbursement to the resident of the resident's estate for prepaid care and maintenance fees".
• Amended by R.2003 d.244, effective 6/16/2003.
• See: 35 N.J.R. 62(a), 35 N.J.R. 2641(a).
• In (a), added 1; in (b), rewrote the second sentence and added the third sentence; added a new (d) and recodified former (d) through (g) as (e) through (h); added (i) and (j).
• Amended by R.2006 d.209, effective 6/5/2006.
• See: 38 N.J.R. 1271(a), 38 N.J.R. 2418(b).
• Section was "General requirements for computing monthly resident fee". Substituted "report these transactions during their annual asset review described in (b) above" for "retain 50 percent of the asset received for payment toward their care and maintenance fee" in (d).
• Amended by R.2008 d.298, effective 10/6/2008.
• See: 40 N.J.R. 3782(a), 40 N.J.R. 5580(a).
• Added new (j); and recodified former (j) as (k).
• Amended by R.2014 d.022, effective 1/21/2014.
• See: 45 N.J.R. 2065(a), 46 N.J.R. 204(a).
• Rewrote the section.

N.J. Admin. Code § 5A:5-5.2 Formula for computing single resident's skilled nursing monthly resident fee based on an 80/20 percentage

(a) The monthly resident fee for a single 80/20 resident is based on the total gross income, minus allowable deductions. This figure is the net income. Eighty percent of the net income will be the resident fee charged. An additional $ 20.00 or 12 percent of the balance of their monthly income, whichever is less will be deposited in the welfare fund of the facility. The remainder of the net income will be deposited in the resident's personal needs account.

(b) The allowable deductions for a single resident are as follows:

1. The personal needs allowance;

2. Health insurance premiums;

3. Prepaid burial fund account: Fund allowances shall not exceed a face value of $ 12,000;

4. Court order encumbrances; and

5. Other expenses or other financial issues as may be individually approved by the Deputy Commissioner of the Department of Military and Veterans' Affairs or designee.

(c) Any interest or payment received from a trust transfer will be treated as income. Furthermore, in situations where a trust or transfer of assets has occurred within 36 months of submitting an admission application, the value of the trust and/or assets will be deemed an accountable asset for the balance of the 36-month period.

History

• Amended by R.1998 d.3, effective 1/5/1998.
• See: 29 N.J.R. 4215(b), 30 N.J.R. 63(a).
• In (b)3, deleted language referring to life insurance in lieu of prepaid burial accounts, inserted new (b)4 and recodified (b)4 as (b)5; and inserted new (c) explaining treatment of interest and payments received from a trust transfer.
• Amended by R.2006 d.209, effective 6/5/2006.
• See: 38 N.J.R. 1271(a), 38 N.J.R. 2418(b).
• Section was "Formula for computing single resident's monthly resident fee based on an 80/20 percentage".
• Amended by R.2008 d.298, effective 10/6/2008.
• See: 40 N.J.R. 3782(a), 40 N.J.R. 5580(a).
• In (b)3, substituted "$ 12,000" for "$ 7,500"; and in (c), substituted "36" for "18" preceding "months" and "36-" for "18" preceding "month".

N.J. Admin. Code § 5A:5-5.3 Formula for computing a married resident's skilled nursing monthly resident fee based on an 80/20 percentage

(a) The monthly resident fee for a married resident is based on the total personal income of the resident, minus allowable deductions. This figure is the net income. Eighty percent of the net income will be the resident fee charged. An additional $ 20.00 or 12 percent of the balance of their monthly income, whichever is less, will be deposited in the welfare fund of the veterans' memorial home.

(b) The community spouse must divulge all sources of the monthly income in order to file for consideration of allowable deductions.

1. If a working spouse has an income greater than the total of the monthly allowable deductions, then the calculations for the married resident will be as for a single resident.

2. Failure to make a full and complete disclosure will constitute a breach of the veterans' memorial home's regulations and may be grounds for removal as provided in N.J.S.A. 38A:3-6.9.

(c) In the event that each individual of the marriage is a resident, the resident fee for each will be calculated as for single resident and no married deductions will be allowed.

(d) If, at a later date, assets that were not reported upon admission are discovered, they will be added to the net income and worth of the resident, computed retroactively to the date of admission. This may necessitate a recalibration of the resident maintenance fee schedule.

(e) Service connected disability status shall be considered as part of the annual maintenance fee computations.

(f) The allowable deductions for a married resident are as follows:

1. Personal needs allowance;

2. Health and prescription insurance premiums;

3. Court order encumbrances;

4. Rent/primary residence first mortgage or home equity loan: The mortgage/home equity loan must have been in effect 36 months prior to the date of application. Verification of mortgage/home equity loan payment schedule is required. The actual cost of property taxes and insurance for the primary residence will be deducted equally over the 12-month period. Verification shall be required;

5. Second mortgages on the primary residence will not be considered as deductions for computation of the resident maintenance fee, if obtained within 36 months of the submission of an application for admittance. Similarly, second and/or third homes will not be considered as deductions for the computation of the resident maintenance fee;

6. Food deductions shall be $ 400.00 for the community spouse and $ 185.00 per additional dependent per month;

7. Heat/electric deduction shall be based on preceding year usage and cost. The deduction will be divided equally over the 12-month period;

8. Water/sewage deduction shall be the actual annual cost. The deduction will be divided equally over the 12-month period;

Automobile/transportation deduction shall be $ 350.00 per month, utilized for car maintenance, not for car purchase payments;

10. Clothing deduction shall be $ 75.00 per month per dependent;

Telephone/television/internet service deduction shall be $ 125.00 per month;

12. Trash disposal deduction shall be the actual annual cost. The deduction will be divided equally over the 12-month period;

13. Home maintenance deduction shall be $ 100.00 per month;

14. Prepaid burial fund accounts: Fund allowances shall not exceed a face value of $ 12,000. This deduction can be considered for both the applicant and spouse with verification of payment schedule. If a prepaid burial fund account is not in effect, then a maximum burial account not to exceed a face value of $ 12,000 is to be purchased upon admission and shall be considered an allowable deduction to be divided equally over 24 months;

Guardianship/advance directives: The actual cost of legal fees up to a maximum of $ 2,400 may be deducted. This deduction will be divided into 24 monthly installments, which will only be permitted as long as the resident resides in the veterans' memorial home. This deduction will only be approved for a guardianship hearing/advance directive protocol, which was processed no later than one year prior to the date of application. Verification of cost and date of action shall be required; and

16. Other extraordinary expenses or other financial issues as may be individually approved by the Director of Veterans' Healthcare Services.

(g) No deduction beyond the approved listing shall be permitted until all accountable assets, to include the personal needs account, are depleted.

(h) Any interest or payment received from a trust transfer will be treated as income. Furthermore, in situations where a trust or transfer of assets has occurred within 36 months of submitting an admission application, the value of the trust and/or assets will be deemed an accountable asset for the balance of the 36-month period.

History

• Amended by R.1998 d.3, effective 1/5/1998.
• See: 29 N.J.R. 4215(b), 30 N.J.R. 63(a).
• Inserted new (d)3 and recodified (d)3 through (d)14 as (d)4 through (d)15; in (d)5, 8, 12, and 13 amended the amount of deductions for services; in (d)13, deleted language referring to life insurance in lieu of prepaid burial accounts and added language concerning mandatory purchase of burial insurance; and inserted (g) regarding interest as income.
• Amended by R.2003 d.244, effective 6/16/2003.
• See: 35 N.J.R. 62(a), 35 N.J.R. 2641(a).
• Added a new (c) and recodified former (c) as (d); recodified former (d) as (e), added 2i and rewrote 8; recodified former (e) and (f) as (f) and (g).
• Amended by R.2006 d.209, effective 6/5/2006.
• See: 38 N.J.R. 1271(a), 38 N.J.R. 2418(b).
• Section was "Formula for computing a married resident's monthly resident fee based on an 80/20 percentage". Substituted "The actual cost of" for "Maximum allowable of $ 150.00 per month as requirement for" in (e)2i, in (e)4, inserted "or home equity loan" and inserted "/home equity loan" two times and substituted "18" for "30" in (e)5, substituted "$ 270.00" for "$ 225.00" and "$ 185.00" for "$ 155.00", substituted "$ 240.00" for "$ 200.00" in (e)8 and "$ 60.00" for "$ 50.00" in (e)9, in (e)10, inserted "/television service" and substituted "$ 40.00" for "($ 25.00)" and substituted "$ 90.00" for "$ 75.00" in (e)12.
• Amended by R.2008 d.298, effective 10/6/2008.
• See: 40 N.J.R. 3782(a), 40 N.J.R. 5580(a).
• Deleted (e)2i; in (e)4, substituted "36" for "18"; in (e)5, substituted "$ 400.00" for "$ 270.00"; in (e)6 and (e)7, substituted "12-month" for "12 month"; in (e)8, substituted "$ 350.00" for "240.00"; in (e)10, substituted "$ 100.00" for "$ 40.00"; in (e)13, substituted "$ 12,000" for "$ 7,500" twice; in (e)15, substituted "Director of Veterans' Healthcare Services" for "Deputy Commissioner of the Department of Military and Veterans' Affairs or designee"; and in (g), substituted "36" for "18" preceding "months" and "36-" for "18" preceding "month".
• Amended by R.2014 d.022, effective 1/21/2014.
• See: 45 N.J.R. 2065(a), 46 N.J.R. 204(a).
• Rewrote the section.

N.J. Admin. Code § 5A:5-5.4 Financial responsibilities for veterans' memorial home resident

(a) An eligible applicant who desires admission and whose assets are in excess of the maximum allowable assets may be admitted on a bed available basis. They will be billed for and required to pay the cost of care and maintenance as determined by the Adjutant General until their resources meet the maximum allowable assets.

(b) When an account exceeds the maximum allowable assets, the resident will be billed and required to pay the cost of care and maintenance until the maximum allowable asset limit is reached.

(c) The resident or the person who has control of the resident's financial accounts, income, and assets will be responsible for all financial obligations for the services not provided by the veterans' memorial home. This includes, but is not limited to:

1. Transportation;

2. Medical appointments;

3. Hospitalization;

4. Specialized services/programs/treatments;

Adaptive equipment;

6. Diagnostic services;

7. Other outside services as requested by the resident;

Deductible fees not covered by medical insurances;

9. Payment for pharmaceuticals to reimburse Medicaid as required;

Telephone;

Television;

12. Outside personal laundry services;

13. Outside physician services;

14. Any non-payment of debts incurred by the resident, including healthcare costs; and

15. Personal purchases.

(d) The facility will not accept responsibility for any nonpayment of debts incurred by a resident including health care costs.

(e) All personal property of the resident is the responsibility of the resident or guardian. The facility assumes no responsibility and will not reimburse a resident for loss or damage of personal items.

(f) Any resident who is transferred to an outside facility for any period of time is required to continue to pay the care and maintenance fee in order that placement in the facility be guaranteed.

History

• Amended by R.1998 d.3, effective 1/5/1998.
• See: 29 N.J.R. 4215(b), 30 N.J.R. 63(a).
• In (d), inserted new (d)9, requiring Medicaid reimbursement for pharmaceutical payments; and inserted new (g) explaining responsibility for payment in the event of a transfer to an outside facility.
• Amended by R.2006 d.209, effective 6/5/2006.
• See: 38 N.J.R. 1271(a), 38 N.J.R. 2418(b).
• Section was "Financial responsibilities for veterans' facility resident". Deleted (b) and recodified (c) through (g) as (b) through (f).
• Amended by R.2014 d.022, effective 1/21/2014.
• See: 45 N.J.R. 2065(a), 46 N.J.R. 204(a).
• Section was "Financial responsibilities for veterans' skilled nursing facility". Rewrote the introductory paragraph of (c); in (c)8, deleted "and" from the end; in (c)9, substituted a semicolon for a period at the end; and added (c)10 through (c)15.

N.J. Admin. Code § 5A:5-5.5 Reserved

History

• New Rule, R.2006 d.209, effective 6/5/2006.
• See: 38 N.J.R. 1271(a), 38 N.J.R. 2418(b).
• Repealed by R.2008 d.298, effective 10/6/2008.
• See: 40 N.J.R. 3782(a), 40 N.J.R. 5580(a).
• Section was "General requirements for computing veterans' assisted living monthly resident fee".

Subchapter 6 RESIDENT TRANSFER, DISCHARGE, OR DEATH

N.J. Admin. Code § 5A:5-6.1 Transfer, discharge, or death of a resident

(a) Any resident may be removed from a veterans' memorial home on being restored to an ability to promote his or her own support and welfare in the community, for immorality, for fraud or willful misrepresentation, or refusal to abide by the rules, regulations, and discipline of the veterans' memorial home, as well as:

1. In an emergency, with notification of the resident's physician, next of kin or guardian;

2. For medical reasons or to protect the resident's welfare or the welfare of others;

3. For nonpayment of fees, in situations not prohibited by law. All endeavors will be implemented and utilized inclusive of lien application; or

4. Violation of Federal, State, or local laws, rules, or regulations.

(b) An approved transfer from one New Jersey veterans memorial facility to another shall not occur unless all financial obligations have been met. The resident or representative payor shall remain responsible for charges and financial obligations accrued up to and including the date of transfer.

(c) No further charges or financial obligations shall be accrued beginning with the day immediately following the date of discharge. The resident or representative payor shall remain responsible for financial obligations accrued up to and including the date of discharge.

(d) Pre-paid care and maintenance fees shall be rebated to the resident/representative based upon the pro-rating of days and reconciliation of insurance claims after discharge or death.

(e) A resident who has been discharged or who voluntarily discharges him- or herself and wishes to return to a veterans' memorial home must submit a complete application for admission packet to be considered for readmission. The process will be in accordance with N.J.A.C. 5A:5-3 and 4.

(f) Upon the death of a resident, the veterans' memorial home will follow the procedures as given in the Division of Veterans' Healthcare Policy and Procedure manual, Business Office section, subsections 44-02-010, 44-02-011, and 44-02-013.

History

• Amended by R.1998 d.3, effective 1/5/1998.
• See: 29 N.J.R. 4215(b), 30 N.J.R. 63(a).
• Inserted new (b) and (c) explaining financial obligations in the event of a transfer to another veterans memorial facility.
• Amended by R.2003 d.244, effective 6/16/2003.
• See: 35 N.J.R. 62(a), 35 N.J.R. 2641(a).
• In (a), added 3i.
• Amended by R.2006 d.209, effective 6/5/2006.
• See: 38 N.J.R. 1271(a), 38 N.J.R. 2418(b).
• Substituted a period for a colon at the end of the first sentence of (a)3 and deleted the (a)3i designation.
• Amended by R.2014 d.022, effective 1/21/2014.
• See: 45 N.J.R. 2065(a), 46 N.J.R. 204(a).
• Section was "Transfer or discharge of a resident". In (a), substituted "memorial home" for "facility" twice, deleted "or" preceding and following "for immorality,", and inserted a comma following "regulations"; rewrote (a)4; and added (d) through (f).

Chapter 6 DIVISION OF VETERANS SERVICES

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 5A:6-1.1 Scope

(a) This chapter is applicable to all residents of the State who are veterans of the Armed Services of the United States of America and their families when appropriate as further identified herein.

(b) This chapter does not refer to the policies and procedures involved in the admission to and operation of the Department's three veterans memorial homes and two Veterans Havens nor does it cover burial entitlements at the Brigadier General William C. Doyle Veterans' Memorial Cemetery.

History

• Amended by 49 N.J.R. 3501(a), effective 11/6/2017

N.J. Admin. Code § 5A:6-1.2 Purpose

The purpose of this chapter is to outline, identify and establish the eligibility requirements, policies and procedures for the entitlement programs and services authorized for provision to New Jersey resident veterans by the State.

Subchapter 2 POST-TRAUMATIC STRESS DISORDER/READJUSTMENT COUNSELING PROGRAM

N.J. Admin. Code § 5A:6-2.1 Scope

The New Jersey Post-Traumatic Stress Disorder/Readjustment Counseling Program (PTSD/R) has been established to provide assistance in the form of clinical counseling and continuity of care to veterans discharged other than dishonorably from the Armed Forces of the United States and their families. The New Jersey program is intended as a supplement to similar United States Department of Veterans Affairs or other government sponsored programs or when such assistance is exhausted.

N.J. Admin. Code § 5A:6-2.2 Eligibility

Eligibility for the PTSD/R Program is limited to New Jersey resident veterans who have an other than dishonorable discharge from the Armed Forces of the United States and who suffer mental or emotional disorders as a result of combat related experiences. Family members of such veterans whose problems date to the veteran's emotional/mental disorder are also eligible.

N.J. Admin. Code § 5A:6-2.3 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Client" means a veteran or family member with a veteran participating in the PTSD/R Program.

"Family member" means the veteran's immediate family and includes significant others.

"Resident" means a veteran living in New Jersey as verified by a current:

1. New Jersey driver's license;

2. New Jersey property tax bill or New Jersey resident income tax return;

3. Utility bill with the veteran's name and New Jersey address appearing thereon;

4. A New Jersey Voter's Registration Card; or

5. A Photo ID card issued by the New Jersey Motor Vehicle Commission.

"Significant other" means a person who is cohabiting with the veteran in the manner of a spouse as defined by current New Jersey statute.

N.J. Admin. Code § 5A:6-2.4 Scope of service

(a) The PTSD/R Program consists of an initial evaluation period covering four visits after which the provider will recommend the level of additional services. Additional services will be based on a quarterly evaluation and determination will be made by the provider.

(b) Services will be provided for a period of two years. After two years, fees paid to contract clinicians by the Department for client counseling sessions will be reduced on an annual basis until at the end of six years the clinicians will be compensated at a rate of five percent of the standard cost per hourly session.

N.J. Admin. Code § 5A:6-2.5 Procedures

(a) Application for services will be made directly to a State Veteran Service Officer (VSO) of the Division of Veterans Services (DVS). The VSO shall conduct an interview and make an initial evaluation of eligibility.

(b) If the applicant meets the criteria established in N.J.A.C. 5A:6-2.2, the VSO shall contact the DVS Program Manager, to determine current status of the program.

(c) Referral to a provider shall be made on DMAVA Form 50, Contract Services Authorization (CSA) (see Appendix A incorporated herein by reference), which is filled out by the VSO. The VSO shall give the form to the DVS Program Manager. The VSO shall give copies of the form to the provider and the individual. One copy shall be retained by the VSO for the individual's file.

(d) All individuals applying for services must be seen by a State VSO. Providers shall not assume the responsibility of taking on clients under the auspices of this program without following the procedures outlined in N.J.A.C. 5A:6-2.6. Any clients accepted by a provider without proper referral shall be the responsibility of the provider.

(e) A veteran shall exhaust all avenues of counseling through the Federal system before making an application to the Department of Military and Veterans' Affairs program. However, the DVS Program Manager, upon recommendation of the VSO, may make exceptions when the DVS Program Manager feels that it is in the best interest of the veteran.

History

• Amended by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• In (a) and (d), inserted "State"; in (a), substituted "Services (DVS)" for "Programs (DVP)"; in (b), (c) and (e), substituted "DVS" for "DVP" throughout; and in (c), inserted "(CSA)" and inserted a comma preceding "which".

N.J. Admin. Code § 5A:6-2.6 Responsibilities

(a) The responsibilities of a VSO are as follows:

The VSO will be the PTSD/R contact person conducting initial screening interviews and giving authorization for services.

2. The VSO will coordinate with the clinician when the veteran is accepted into the program. DMAVA Form 50, Contract Services Authorization (Appendix A), shall be utilized to refer a client to a clinician by the VSO.

3. In the event that the veteran is placed on a waiting list, the VSO will maintain personal contact with the veteran at a minimum of once every 30 days advising him or her of his or her status on the waiting list.

(b) The responsibilities of the DVS are as follows:

1. To oversee the funding of the program and the services provided by the clinician to eligible veterans;

2. To contract only with licensed mental health professionals in the State of New Jersey and Mental Health Agencies approved by the State of New Jersey under the certificate of need process and staffed in accordance with N.J.S.A. 30:9A-1 to N.J.S.A. 30:9A-11 and who have or are willing to gain experience with combat/military related Post Traumatic Stress Disorder (providers); and

3. To make all efforts to seek out funding sources.

(c) The responsibilities of providers are as follows:

1. After the initial evaluation, the provider shall make recommendations as to the course of therapy for the client through the VSO to the DVS Program Manager.

2. Providers shall submit quarterly evaluations of the client outlining the continued level of service required through the VSO to the DVS Program Manager, utilizing DMAVA Form 51, Quarterly Review (see Appendix B, incorporated herein by reference).

3. At the completion of each counseling session, verification of the service provided shall be prepared by the clinician and presented to the client for signature.

4. Monthly expenditure reports will be submitted to the DVS, Department of Military and Veterans' Affairs by clinicians on the 10th of each month following the close of the reporting period.

5. A client who temporarily leaves the State program for at least 90 days shall be readmitted at the rate of reimbursement that was in effect when he or she left the program. The provider shall notify the Department of Military and Veterans' Affairs DVS within 90 days of inactivity in order to receive time credit for the client from the date of his or her last treatment session. Within 30 days of the client's reinstatement into the PTSD program, the provider shall send a letter explaining the reinstatement to the Department of Military and Veterans' Affairs. From the date of admittance, reimbursement shall be as indicated below:

i. For individuals who have been enrolled in the program from 0 to 24 months (two years), the Department shall reimburse the provider for services at 100 percent of the negotiated contract rate for each session.

ii. For individuals enrolled in the program from 25 to 36 months (three years), the Department shall reimburse the provider 50 percent of the negotiated contract rate for each session.

iii. For individuals enrolled in the program from 37 to 48 months (four years), the Department shall reimburse the provider 30 percent of the negotiated contract rate for each session.

iv. For individuals enrolled in the program from 49 to 60 months (five years), the Department shall reimburse the provider 20 percent of the negotiated contract rate for each session.

v. For individuals enrolled in the program from 61 to 72 months (six years), the Department shall reimburse the provider 10 percent of the negotiated contract rate for each session.

vi. For individuals enrolled in the program from 73 to 84 months (seven years), the Department shall reimburse the provider five percent of the negotiated contract rate for each session.

vii. The Department shall not reimburse counseling sessions for individuals in the program after 84 months (seven years cumulative).

(d) The responsibilities of veterans/veterans' family member(s) (client)s are as follows:

1. The client will make the contact with the clinician within five business days of being contacted by the VSO that he or she has been accepted into the program.

2. Any client who has been terminated or ceased attending sessions, will have the right to appeal within 30 days to the DVP through the VSO.

History

• Amended by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• In the introductory paragraph of (b) and in (c)1, (c)2, (c)4 and in the introductory paragraph of (c)5, substituted "DVS" for "DVP"; in (c)2, substituted "submit" for "provide"; and in (c)4, substituted "10th" for "tenth".

N.J. Admin. Code § 5A:6-2.7 Waiting list

(a) When the program reaches its client capacity, as determined by funding, the provider shall maintain a waiting list with a copy furnished to DVS.

(b) The date service was requested is the primary factor used to determine when clients are admitted into the program.

(c) At the time of the initial interview, if the veteran is placed on the waiting list he or she will be advised of the status.

(d) The VSO will maintain personal contact with the veteran at a minimum of once every 30 days advising him or her of his or her status on the waiting list.

History

• Amended by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• In (a), substituted "DVS" for "DVP".

N.J. Admin. Code § 5A:6-2.8 Funding

Funding will be determined annually by the State budget appropriation.

N.J. Admin. Code § 5A:6-2.9 Confidentiality

(a) The personal data of both the veteran and family members in the program and on the waiting list will not be disseminated to any other agency, department or entity on the Federal, State, county or municipal level without the approval of the individual veteran and/or family member.

(b) Statistical data compiled without reference to the individual may be used for presentation to all parties who require such for evaluation in support of funding or research.

Subchapter 3 VETERANS' TUITION CREDIT PROGRAM (N.J.S.A. 18A:71-64 et seq)

N.J. Admin. Code § 5A:6-3.1 Scope

The Veterans' Tuition Credit Program provides an educational support entitlement to full-time and part-time students who are New Jersey resident veterans and served in the Armed Forces of the United States between December 31, 1960 and May 7, 1975.

N.J. Admin. Code § 5A:6-3.2 Eligible veteran

An eligible veteran must be a veteran of the armed forces of the Unites States who is or was eligible for veterans educational assistance pursuant to Federal law and served on active duty in the armed forces of the United States between December 31, 1960 and May 7, 1975.

History

• New Rule, R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• Former N.J.A.C. 5A:6-3.2, Residency, recodified to N.J.A.C. 5A:6-3.3.

N.J. Admin. Code § 5A:6-3.3 Residency

(a) The veteran will be considered a resident of the State if he or she:

1. Was domiciled in New Jersey at the time of induction into the Armed Forces of the United States;

2. Was domiciled in New Jersey at the time of separation from active duty; or

Was domiciled in New Jersey for a period of not less than 24 consecutive months prior to the date of application, exclusive of any time spent on active duty.

(b) Domicile is defined as the place where a person has a true, fixed, permanent home and principal establishment to which, when absent, there is the intention of returning.

History

• Recodified from N.J.A.C. 5A:6-3.2 by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• Former N.J.A.C. 5A:6-3.3, Approved educational institution, recodified to N.J.A.C. 5A:6-3.4.

N.J. Admin. Code § 5A:6-3.4 Approved educational institution

(a) An educational institution is:

1. Any academic, professional or vocational school operating within the State;

2. Any graduate level school operating within the United States; or

3. Any academic, professional or vocational school operating outside the State.

(b) To qualify as an "approved educational institution," any such institution must have been approved for veterans educational assistance pursuant to Federal law.

History

• Recodified from N.J.A.C. 5A:6-3.3 by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• Former N.J.A.C. 5A:6-3.4, Approved course of study, recodified to N.J.A.C. 5A:6-3.5.

N.J. Admin. Code § 5A:6-3.5 Approved course of study

The eligible veteran shall be enrolled in any curriculum or any combination of unit courses or subjects at an educational institution which is approved for veterans educational assistance pursuant to Federal law.

History

• Recodified from N.J.A.C. 5A:6-3.4 by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• Former N.J.A.C. 5A:6-3.5, Full-time course requirements, recodified to N.J.A.C. 5A:6-3.6.

N.J. Admin. Code § 5A:6-3.6 Full-time course requirements

(a) An institutional trade or technical course offered at a non-accredited school shall be considered a full-time course when a minimum of 30 hours per week of attendance is required. No more than two and one-half hours of rest periods per week and no more than three hours of supervised study per week shall be counted in satisfying the minimum weekly hours of attendance.

(b) An institutional course offered at a non-accredited school on a clock-hour basis in which theoretical or classroom instruction predominates shall be considered a full-time course when a minimum of 25 hours per week net of instruction (which may include customary intervals not to exceed 10 minutes between hours of instruction) is required and no more than three hours of supervised study per week is allowed.

(c) An institution trade or technical course offered at an accredited school on a clock-hour basis which leads to a standard trade or technical degree and involves shop practice as an integral part thereof shall be considered a full-time course provided a minimum of 22 hours per week of attendance is required with no more than two and one-half hours of rest periods per week and no more than three hours of supervised study per week is allowed.

(d) An institutional course offered at an accredited school on a clock-hour basis which leads to a standard trade or technical degree in which theoretical or classroom instruction predominates shall be considered a full-time course when a minimum of 18 hours per week of instruction (which may include customary intervals not to exceed 10 minutes between hours of instruction) is required and no more than two and one-half hours of supervised study is allowed.

(e) An academic high school course requiring 16 units for a full course shall be considered a full-time course when a minimum of four units per year is required. A unit is defined to be not less than 120, 60-minute hours or their equivalent of study in a subject in one academic year.

(f) An institutional undergraduate or graduate course offered by a college or university on a quarter- or semester-hour basis shall be considered a full-time course when a minimum of 14 semester hours or the equivalent thereof, for which credit is granted toward a standard college degree (including those for which no credit is granted but which are required to be taken to correct an educational deficiency), is required. Where such college or university certifies that full-time tuition is charged to all undergraduate or graduate students carrying a minimum of less than 14 such semester hours or the equivalent thereof, or all undergraduate or graduate students carrying a minimum of less than 14 such semester hours or the equivalent thereof are considered to be pursuing a full-time course for other administrative purposes, then such an institutional undergraduate or graduate course offered by such college or university with such minimum number of such semester hours shall be considered a full-time course. In the event such minimum number of semester hours is less than 12 semester hours or the equivalent thereof, then 12 semester hours or the equivalent thereof shall be considered a full-time course.

History

• Recodified from N.J.A.C. 5A:6-3.5 by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• Former N.J.A.C. 5A:6-3.6, Half-time course requirements, recodified to N.J.A.C. 5A:6-3.7.

N.J. Admin. Code § 5A:6-3.7 Half-time course requirements

Any course of study which is less than the full-time requirements outlined in N.J.A.C. 5A:6-3.5 must not be less than one-half of the full-time requirements to be eligible. Payment for half-time veterans is described in N.J.A.C. 5A:6-3.8.

History

• Recodified from N.J.A.C. 5A:6-3.6 by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• Former N.J.A.C. 5A:6-3.7, Calculation of tuition credit, recodified to N.J.A.C. 5A:6-3.8.

N.J. Admin. Code § 5A:6-3.8 Calculation of tuition credit

(a) Each eligible veteran shall be entitled to tuition credit in accordance with the following schedule:

1. For a period of one semester (or the equivalent thereof in part-time tuition credit), in the case of educational institutions regularly operated on the semester system, for each three months or fraction thereof of the veteran's service on active duty after December 31, 1960 and before May 7, 1975. If an eligible veteran has served a period of 18 months or more on active duty during such period of time, he or she shall be entitled to tuition credit for a period of eight semesters (or the equivalent thereof in part-time tuition credit). The maximum credit under this paragraph shall be for the period of eight semesters;

2. For a period of one-quarter (or the equivalent thereof in part-time tuition credit) in the case of educational institutional regularly operated on the quarter system, for each two months or fraction thereof of the veterans' service on active duty after December 31, 1960 and before May 7, 1975. If an eligible veteran has served a period of 18 months or more on active duty during such period of time, he or she shall be entitled to tuition credit for a period of 12 quarters. The maximum credit under this paragraph shall be a period of 12 quarters; or

3. For a period of 1 1/2 months of any tuition period (or the equivalent thereof in part-time tuition credit) in the case of educational institutions not operated on the quarter or semester system, for each month or fraction thereof of the veteran's service on active duty after December 31, 1960 and before May 7, 1975. If an eligible veteran has served a period of 18 months or more on active duty during such period of time, he or she shall be entitled to tuition credit for 36 months of tuition credit (or the equivalent thereof in part-time tuition credit). The maximum credit under this paragraph shall be for the period of 36 months.

(b) If an eligible veteran shall change his or her program of study from an educational institution regularly operated on the quarter or semester system or otherwise to an educational institution regularly operated on a different system, he or she shall submit a written request to the DVS Program Manager for a re-evaluation of the remaining tuition credits.

History

• Recodified from N.J.A.C. 5A:6-3.7 and amended by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• In (b), substituted "DVS" for "DVP". Former N.J.A.C. 5A:6-3.8, Award amount, recodified to N.J.A.C. 5A:6-3.9.

N.J. Admin. Code § 5A:6-3.9 Award amount

(a) Benefits under this subchapter shall be in the form of tuition credits limited by the lesser of full tuition or:

1. For educational institutions regularly operated on a semester system, $ 200.00 per semester;

2. For educational institutions regularly operated on the quarter system, $ 100.00 per quarter; or

3. For educational institutions not regularly operated on the semester or quarter system, $ 400.00 per full school-year prorated on an equal basis as determined by the DVS Program Manager.

(b) The award amounts shown in (a) above will be granted to all eligible veterans who are enrolled as full-time students as determined by the institution provided this determination meets the minimum requirements as described in N.J.A.C. 5A:6-3.5. For half-time students, the award will be one-half the amount shown.

(c) In the event that program appropriations are insufficient to pay all eligible veterans the amount in (a) above, the DVS Program Manager shall prorate the available funds.

History

• Recodified from N.J.A.C. 5A:6-3.8 and amended by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• In (a)2, inserted "or"; in (a)3 and (c), substituted "DVS" for "DVP"; and in (a)3, inserted "or", and substituted "school-year" for "school year".

Subchapter 4 VIETNAM VETERANS TUITION AID PROGRAM (N.J.S.A. 18A:71-76.1 et seq)

N.J. Admin. Code § 5A:6-4.1 Scope

The Vietnam Veterans Tuition Aid Program is available to renewal applicants who reside in New Jersey and who received a Vietnam Service Medal or an Armed Forces Expeditionary Medal and who are pursuing an initial undergraduate degree program in an approved New Jersey two- or four-year college or university. The Program is open only to those veterans who applied for acceptance during a legislated open enrollment period which closed on April 9, 1990.

N.J. Admin. Code § 5A:6-4.2 Eligible Vietnam veterans

(a) An eligible Vietnam veteran shall have:

1. Served in the Armed Forces of the United States in Southeast Asia in the Vietnam Conflict and received a Vietnam Service Ribbon or an Armed Forces Expeditionary Medal;

2. Been honorably discharged or generally discharged under honorable conditions; and

3. Been domiciled in New Jersey at the time of the effective date of N.J.S.A. 18A:71-76.1 et seq. for a period of not less than two consecutive years, exclusive of any time spent on active duty.

N.J. Admin. Code § 5A:6-4.3 Eligible institutions

Tuition benefits are available to eligible veterans enrolled in a public institution of higher education in this State or at an independent college or university located in this State licensed by the Board of Higher Education or approved for the training of veterans by the Commission on Higher Education.

N.J. Admin. Code § 5A:6-4.4 Undergraduate enrollment

(a) The eligible Vietnam veteran must be enrolled or plan to enroll in an approved undergraduate degree program on at least a one-half time basis, that is, six credits per term, to be eligible to receive tuition benefits.

(b) The eligible Vietnam veteran with a 30 percent or more service-connected disability as rated by the United States Department of Veterans' Affairs shall be exempted from the six credit per term requirement and shall be allowed to register for less than six credit hours and still receive tuition assistance.

(c) The program is only applicable to the student's initial undergraduate degree program. A student who has earned the highest undergraduate degree offered by an institution shall not be eligible for benefits under this program at that institution. Students already possessing a baccalaureate degree are not eligible.

N.J. Admin. Code § 5A:6-4.5 Award amount

(a) Eligible Vietnam veterans attending a public institution of higher education pursuant to N.J.A.C. 5A:6-4.4 shall be entitled to tuition assistance in an amount not to exceed the tuition which they are charged.

(b) Eligible Vietnam veterans attending an independent college or university pursuant to N.J.A.C. 5A:6-4.4 shall be eligible for tuition assistance in an amount not to exceed the tuition which they are charged; however, the award shall not exceed the maximum tuition charged a resident undergraduate student at Rutgers, the State University.

(c) Students who attend less than full-time will be eligible to receive awards during summer terms as long as their total award during the period from September 1 to the following August 31 of any academic year does not exceed the award amount to a full-time undergraduate student at the same institution participating in this program during the regular academic year.

N.J. Admin. Code § 5A:6-4.6 Other financial aid programs

The amount of tuition assistance through this program when combined with other scholarships and grant assistance shall not exceed the student's educational budget.

N.J. Admin. Code § 5A:6-4.7 Period of eligibility

Eligibility for this program shall be limited to a period of five years from the effective date of this program, April 9, 1985. A Vietnam veteran shall be eligible for a tuition award for four academic years, unless enrolled in an undergraduate program regularly requiring five academic years for completion, in which case the student shall be entitled to a tuition award for a fifth year.

N.J. Admin. Code § 5A:6-4.8 Renewal

In order to continue to receive tuition benefits under this program, the eligible veteran must maintain good academic standing as defined in accordance with the standards established and enforced by the institution and approved by the Department of Higher Education, State Approving Agency, pursuant to 38 U.S.C. 1775 and 1776.

Subchapter 5 TUITION ASSISTANCE FOR CHILDREN OF POW/MIAS (N.J.S.A. 18A:71-61 et seq)

N.J. Admin. Code § 5A:6-5.1 Scope

The Tuition Assistance for Children of POW/MIAs program is available to any dependent of a United States' Armed Forces prisoner of war or a person missing in action (POW/MIA) who was a resident of the State upon being accepted to pursue a course of undergraduate study in any private institution of higher education in this State or in any public institution of higher education of this State as enumerated in N.J.S.A. 18A:62-1. The dependent shall be allowed to obtain a bachelors degree, or certificate of completion, for so long as he or she is eligible, free of tuition.

N.J. Admin. Code § 5A:6-5.2 Dependent

"Dependent" means any child born before or during the period of time its parent was a prisoner of war or a person missing in action, or any child legally adopted or in the legal custody of the parent prior to and during the time the parent was a prisoner of war or a person missing in action.

N.J. Admin. Code § 5A:6-5.3 Prisoner of war and person missing in action (POW/MIA)

"Prisoner of war and person missing in action (POW/MIA)" means any person who was a resident of the State at the time he or she entered service of the United States Armed Forces, or whose official residence is within this State, and who, while serving in the Armed Forces has been declared to be a prisoner of war, or to be a person missing in action as established by the Secretary of Defense after January 1, 1960.

N.J. Admin. Code § 5A:6-5.4 Application procedures and terms of eligibility

(a) Once a person qualifies as a dependent there shall be no situation such as the return of the parent or the reported death of the parent that will terminate the eligibility of the dependent.

(b) Once a dependent has been determined eligible for benefits, the student does not reapply for the program.

(c) Prior to the start of each academic year, each renewal student's file will be reviewed for remaining eligibility. Students may receive up to 2.5 years (five semesters) of payment at the two-year college level and up to four years (eight semesters) of payment at four-year institution (up to 5 years or 10 semesters of payment, if the student is enrolled in a regular program which requires five years of study). Renewal students with remaining eligibility should be contacted during the summer, prior to the start of each academic year, regarding their upcoming enrollment plans.

Subchapter 6 TUITION ASSISTANCE FOR WAR ORPHANS (N.J.S.A. 38:20-1 et seq.)

N.J. Admin. Code § 5A:6-6.1 Scope

The Tuition Assistance for War Orphans program provides for the educational assistance of State war orphans.

N.J. Admin. Code § 5A:6-6.2 War orphans

"War orphan" means any child between the ages of 16 and 21 years, domiciled in the State for at least 12 months prior to the time of application for benefits under this program, who being otherwise qualified is the child of any resident of this State who was killed in action or died from other causes while a member of the Armed Forces of the United States in time of war or emergency, or who is officially listed as "Missing in Action" by the Department of Defense, or who died or shall hereafter die of disease or disability resulting from such war or emergency.

N.J. Admin. Code § 5A:6-6.3 War and time of emergency

(a) "War" means any of the following:

1. The Lebanon peacekeeping mission, September 26, 1982 and prior to December 1, 1987;

2. The Grenada peacekeeping mission, October 23, 1983 and prior to November 21, 1983;

3. The Panama peacekeeping mission, December 20, 1989 and prior to January 31, 1990;

4. Operation Desert Shield/Desert Storm, August 2, 1990, and prior to February 28, 1991;

5. Operation Northern Watch and Southern Watch, August 27, 1992, and prior to March 18, 2003;

6. Operation Enduring Freedom, September 11, 2001 and ongoing; and

7. Operation Iraqi Freedom/New Dawn, March 19, 2003, and ongoing.

(b) "Time of emergency" means and includes any time after June 28, 1950, and prior to termination, suspension or revocation of the proclamation of the existence of a national emergency issued by the President of the United States on December 16, 1950, or termination of the existence of such national emergency by appropriate action of the President or Congress of the United States. "Time of Emergency" also includes any time of armed hostility or conflict with foreign adversary after December 31, 1960, and prior to the termination of the existence of such armed hostility or conflict with a foreign adversary by appropriate action of the President or Congress of the United States.

History

• Amended by 49 N.J.R. 3501(a), effective 11/6/2017

N.J. Admin. Code § 5A:6-6.4 Educational awards

(a) Educational awards shall be used to defray the cost and expense of the attendance of any eligible orphan at any State educational or other technical or professional school of education located in the State, approved by the State Board of Education located in the State or outside the State if desired course is not offered by a school or college in the State.

(b) Educational awards will be allocated for tuition or matriculation fees, board and room rent, books and supplies and other purposes incidental thereto.

(c) No more than four annual allotments of $ 500.00 each will be allowed to any one applicant.

N.J. Admin. Code § 5A:6-6.5 Application

(a) Application by otherwise eligible children will be made by letter directly to the DVS, New Jersey Department of Military and Veterans' Affairs. The application shall include:

1. Proof of relationship to deceased Armed Forces service member, that is, a birth certificate;

2. Proof of New Jersey residency as indicated in N.J.A.C. 5A:6-6.2;

3. Proof of acceptance into a recognized New Jersey institution of higher learning as indicated in N.J.A.C. 5A:6-6.4(a);

4. POW/MIA----DD Form 1300; and

5. A Death Certificate of the deceased showing that the veteran was either killed in action or died from other causes while a member of the Armed Forces of the United States in time of war or emergency, or who is officially listed as "Missing in Action" by the Department of Defense, or who died or shall hereafter die of disease or disability resulting from such war or emergency.

History

• Amended by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• In the introductory paragraph of (a), substituted "DVS" for "DVP".

Subchapter 7 VETERANS' CATASTROPHIC ENTITLEMENT (N.J.S.A. 38:18-1 et seq.; 38:18a-1 et seq.)

N.J. Admin. Code § 5A:6-7.1 Scope

(a) This subchapter is applicable to all residents of the State who served in any capacity with the Armed Forces of the United States including the National Guard or Reserve during wartime periods specified in N.J.S.A. 38:18-1 and 38:18A-1 and who have a permanent service-connected disability rating from the United States Department of Veterans' Affairs for one of seven disabilities declared to be catastrophic in nature by the New Jersey Department of Military and Veterans' Affairs.

(b) In addition to eligible New Jersey veterans, this subchapter applies to all widows/widowers of those New Jersey veterans who were in receipt of the veteran's catastrophic entitlement prior to the death or who would have been entitled had the veteran made application prior to death.

N.J. Admin. Code § 5A:6-7.2 Veterans' Catastrophic Entitlement eligibility criteria

(a) In order to be eligible for a Veterans' Catastrophic Entitlement, a veteran must:

1. Have been a legal resident of New Jersey at time of initial induction into the Armed Services of the United States;

2. Provide proof of discharge from the Armed Services of the United States indicating that the character of service was other than dishonorable or undesirable;

3. Be a legal resident of New Jersey at time of application and must reside in the State of New Jersey while in receipt of the entitlement, except for reasons of health or employment;

4. Have suffered loss of sight as a result of serving during World War II or from June 23, 1950 and on or prior to January 31, 1955 or have suffered catastrophic disabilities as listed in (d) below as a result of service during World War II or the Korean Conflict (any time after June 23, 1950 and prior to July 27, 1953) or the Vietnam Conflict (any time after December 31, 1960 and prior to August 1, 1974); and

5. Have served during the following:

i. The Lebanon peacekeeping mission, September 26, 1982 and prior to December 1, 1987;

ii. The Grenada peacekeeping mission, October 23, 1983 and prior to November 21, 1983;

iii. The Panama peacekeeping mission, December 20, 1989 and prior to January 31, 1990;

iv. Operation Desert Shield/Desert Storm August 2, 1990, and prior to February 28, 1991;

v. Operation Northern Watch and Southern Watch, August 27, 1992, and prior to March 18, 2003;

vi. Operation Enduring Freedom, September 11, 2001 and ongoing; and

vii. Operation Iraqi Freedom/New Dawn, March 19, 2003, and ongoing.

(b) Residency is defined as the place where a veteran has a true, fixed permanent home and permanent establishment, and to which, whenever the veteran is absent, there is the intention of returning.

(c) New Jersey residency must be in accordance with the definition of "resident" in N.J.A.C. 5A:6-2.3.

(d) The veteran must be in receipt of a permanent service-connected disability rating from the United States Department of Veterans' Affairs that resulted from wartime service specified in N.J.S.A. 38:18-1 and 38:18A-1 for one of seven disabilities recognized to be catastrophic in nature by the Department of Military and Veterans' Affairs. The seven catastrophic disabilities for the Veterans' Catastrophic Entitlement are defined as the following conditions resulting from injury to the spinal cord, skeletal structure, brain or eyes sustained during wartime and through enemy action, an accident or from disease contracted while serving in the Armed Forces of the United States:

1. Loss of sight;

2. Amputation of both hands, both feet or one hand and one foot;

3. Hemiplegia and permanent paralysis of one leg and one arm or either side of the body;

4. Paraplegia and permanent paralysis of both legs and lower parts of the body;

5. Osteochondritis and permanent loss of the use of both legs;

6. Multiple Sclerosis and the loss of use of both feet or both legs;

7. Quadriplegia.

History

• Amended by 49 N.J.R. 3501(a), effective 11/6/2017

N.J. Admin. Code § 5A:6-7.3 Application

(a) Application by veterans shall be filed at any district of the Division of Veterans Services. An application shall include:

1. A copy of DD 214 indicating induction into service and character of discharge;

2. Proof of New Jersey residency as indicated in N.J.A.C. 5A:6-7.2; and

3. A marriage certificate, if applicable.

(b) A certified marriage certificate will be submitted to the Division of Veterans Services within one year of marriage when the marriage is subsequent to entitlement.

(c) An application for each catastrophic disability shall be filed separately in the event the veteran has more than one disability.

History

• Amended by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• In the introductory paragraph of (a) and in (b), substituted "Services" for "Programs"; and in (a)1, inserted "and character of discharge".

N.J. Admin. Code § 5A:6-7.4 Entitlement awards

(a) Entitlement awards will be granted by the date the application was received in the district office of the Division of Veterans Services.

(b) For each catastrophic disability, the award is $ 750.00 annually.

History

• Amended by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• In (a), substituted "Services" for "Programs".

N.J. Admin. Code § 5A:6-7.5 Change of address within State

The veteran shall submit a change of address within the State within 30 days of the address change to the Division of Veterans Services.

History

• Amended by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• In (a), inserted "a" and substituted "Services" for "Programs".

N.J. Admin. Code § 5A:6-7.6 Change of address out-of-State

(a) Continuity of entitlement for a veteran receiving the entitlement who moves out-of-State shall be granted if the move was for reasons of the veteran's health or employment, pursuant to this section.

(b) A change of address shall be submitted to the Division of Veterans Services within 30 days of address change.

(c) The following medical or employment documentation shall be submitted by a veteran moving out-of-State who wishes to continue his or her entitlement:

1. A doctor's statement indicating the disability and necessity for change of address; or

2. An employer's statement indicating the out-of-State position's title and date of hire.

(d) Entitlement awards shall be suspended by the Division of Veterans Services for 90 days pending submission of documentation set forth in (c) above to the Division of Veterans Services within 30 days of the effective date of the requested change of address.

(e) Retroactive payment shall be granted upon receipt of documentation as indicated in (c) above.

(f) Entitlement shall be terminated if documentation is not submitted as indicated in (c) above by the end of the 90-day suspension period.

(g) Entitlement without retroactive payment may be granted pending the filing of a new application as indicated in N.J.A.C. 5A:6-7.2 through 7.4.

(h) In states where substantially similar compensation is available pursuant to an act where the veteran establishes new residency, the veteran may elect to continue to receive the entitlement from the State of New Jersey to the exclusion of payment from that state.

(i) The Director of the Division of Veterans Services shall notify the veteran by letter if similar compensation is available from the state to which the veteran moved. In the event that such state provides similar compensation and the veteran elects continued entitlement from the State of New Jersey, verification of non-receipt of similar compensation payments shall be provided by the veteran within 30 days.

(j) In the event a veteran visits friends or relatives out-of-State for more than 60 days, the veteran shall notify the Division of Veterans Services within 30 days for continuity of entitlement. Out-of-State visiting for more than six months shall be considered an out-of-State address change. Continuity of entitlement shall be granted as indicated in (a) through (h) above.

History

• Amended by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• In (b), (d), (i) and (j), substituted "Services" for "Programs"; and in (d), substituted "Division of Veterans Services" for "New Jersey Division of Pensions".

N.J. Admin. Code § 5A:6-7.7 Right to appeal

A veteran, a veteran's representative or next of kin may appeal a decision for eligibility for entitlement within one year of notification of decision. The appeal shall be in writing and submitted with any new and material evidence to the Catastrophic Program Specialist who will forward the request for reconsideration with all documentation to the Director, Division of Veterans Services, Department of Military and Veterans' Affairs for final determination. The Director will respond to the appeal with a final decision within 60 days. If the appeal is received subsequent to the one-year appeal period, it will be considered a new claim.

History

• Amended by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).
• Substituted "shall" for the first occurrence of "will" and "Services" for "Programs".

N.J. Admin. Code § 5A:6-7.8 Spouse Catastrophic Entitlement

(a) Spouse Catastrophic Entitlement will be in accordance with the provisions of the application process, eligibility criteria, approval criteria and termination as they apply to the veteran as indicated in N.J.A.C. 5A:6-7.2 through 7.4.

(b) The procedure for a change of address within or to another state is the same as those for the veteran as indicated in N.J.A.C. 5A:6-7.5 and 7.6(a) through (j).

1. Entitlement will be granted to a spouse living out-of-State at time of application when the veteran was granted out-of-State entitlement prior to death.

2. In the event said spouse moves out-of-State to a state other than New Jersey, entitlement and retroactive payment shall be granted as indicated in N.J.A.C. 5A:6-7.6(a) through (h).

(c) Entitlement shall be granted for each catastrophic disability that the deceased veteran was granted prior to death or would have been granted had the veteran made application as indicated in N.J.A.C. 5A:6-7.4(b). Application for each catastrophic disability will be filed separately as directed in N.J.A.C. 5A:6-7.3(b).

(d) Eligibility shall be granted as of the date the application was received in a district office of the New Jersey Division of Veterans Services in the event the veteran's death occurred prior to April 9, 1985.

History

• Amended by 49 N.J.R. 3501(a), effective 11/6/2017

Chapter 7 DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE

Subchapter 1 DEFINITIONS

N.J. Admin. Code § 5A:7-1.1 Definitions

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"ADA" means the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq.

"Agency" means the New Jersey Department of Military and Veterans' Affairs.

"Designated decision maker" means the Adjutant General or his or her designee.

Subchapter 2 GENERAL PROVISIONS

N.J. Admin. Code § 5A:7-2.1 Purpose

(a) These rules are adopted by the agency in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 C.F.R. 35.107.

(b) The purpose of these rules is to establish a designated coordinator whose duties shall include assuring that the agency complies with and carries out its responsibilities under the ADA. Those duties shall also include the investigation of any complaint filed with the agency pursuant to N.J.A.C. 5A:7-4.

N.J. Admin. Code § 5A:7-2.2 Required ADA notice

In addition to any other advice, assistance or accommodation provided, a copy of the following notice shall be given to anyone who inquires regarding the agency's compliance with the ADA or the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency.

AGENCY NOTICE OF ADA PROCEDURE

The agency has adopted an internal grievance procedure providing for prompt and equitable resolution of grievances alleging any action prohibited by the U.S. Department of Justice regulations implementing Title 11 of the Americans with Disabilities Act. Title 11 states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination" in programs or activities sponsored by a public entity.

Rules describing and governing the internal grievance procedure can be found in the New Jersey Administrative Code, N.J.A.C. 5A:7-1. As those rules indicate, grievances should be addressed to the agency's designated ADA Coordinator, who has been designated to coordinate ADA compliance efforts, at the following address:

ADA Coordinator

New Jersey Department of Military and Veterans' Affairs

CN 340

Trenton, New Jersey 08625

1. A grievance may be filed in writing or orally, but should contain the name and address of the person filing it, and briefly describe the alleged violation. A form for this purpose is available from the designated ADA coordinator. In cases of employment related grievances, the procedures established by the Department of Personnel, N.J.A.C. 4A:7-1.1 et seq. will be followed where applicable.

2. A grievance should be filed promptly within 30 days after the grievant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before this grievance procedure was in place will be considered on a case-by-case basis.)

3. An investigation, as may be appropriate, will follow the filing of a grievance. The investigation will be conducted by the agency's designated ADA Coordinator. The rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a grievance.

4. In most cases a written determination as to the validity of the grievance and a description of the resolution, if any, will be issued by the designated decision maker and a copy forwarded to the grievant no later than 45 days after its filing.

5. The ADA coordinator will maintain the files and records of the agency relating to the grievances filed.

6. The right of a person to a prompt and equitable resolution of the grievance filed hereunder will not be impaired by the person's pursuit of other remedies such as the filing of an ADA grievance with the responsible Federal department or agency or the New Jersey Division on Civil Rights. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.

7. The rules will be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the agency complies with the ADA and implementing Federal rules.

Subchapter 3 DESIGNATED ADA COORDINATOR

N.J. Admin. Code § 5A:7-3.1 Designated ADA coordinator

(a) The designated coordinator of ADA compliance and complaint investigation for the agency is:

ADA Coordinator

New Jersey Department of Military and Veterans' Affairs

CN 340

Trenton, New Jersey 08625

(b) All inquiries regarding the agency's compliance with the ADA and the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency should be directed to the designated coordinator identified in (a) above.

(c) All grievances alleging that the agency has failed to comply with or has acted in a way that is prohibited by the ADA should be directed to the designated ADA coordinator identified in this section, in accordance with the procedures set forth in N.J.A.C. 5A:7-4.

Subchapter 4 ADA GRIEVANCE PROCEDURE

N.J. Admin. Code § 5A:7-4.1 Grievance procedure

A grievance alleging that the agency has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either in writing or orally to the designated ADA coordinator identified in N.J.A.C. 5A:7-3.1 within 30 days of the grievant becoming aware of the alleged violation. A grievance alleging employment discrimination will be processed pursuant to the rules of the Department of Personnel, N.J.A.C. 4A:7-1.1 through 3.4, if those rules are applicable.

N.J. Admin. Code § 5A:7-4.2 Grievance contents

(a) A grievance submitted pursuant to this subchapter may be submitted in or on the form set forth at N.J.A.C. 5A:7-4.3.

(b) A grievance submitted pursuant to this subchapter shall include the following information:

1. The name of the grievant and/or any alternate contact person designated by the grievant to receive communication or provide information for the grievant;

2. The address and telephone number of the grievant or alternate contact person; and

3. A description of manner in which the ADA has not been complied with or has been violated, including times and locations of events and names of witnesses if appropriate.

N.J. Admin. Code § 5A:7-4.3 Grievance form

The following form may be utilized for the submission of a grievance pursuant to this subchapter:

N.J. Admin. Code § 5A:7-4.4 Investigation

(a) Upon receipt of a grievance submitted pursuant to this subchapter, the designated ADA coordinator will notify the grievant of the receipt of the grievance and the initiation of an investigation into the matter. The designated ADA coordinator will also indicate a date by which it is expected that the investigation will be completed, which date shall not be later than 45 days from the date of receipt of the grievance unless a later date is agreed to by the grievant.

(b) Upon completion of the investigation, the designated ADA coordinator shall prepare a report for review by the designated decision maker for the agency. The designated decision maker shall render a written decision within 45 days of receipt of the grievance, if practicable or unless a later date is agreed to by the grievant, which decision shall be transmitted to the grievant and/or the alternate contact person if so designated by the grievant.

Chapter 8 NEW JERSEY VETERANS' TRANSITIONAL HOUSING PROGRAM (VETERANS' HAVENS)

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 5A:8-1.1 Purpose

This chapter establishes the rules governing the operations, personnel, admission, and discharge policies, and the general policies of the two New Jersey Veterans' Transitional Housing Programs (Veterans' Havens North and South or "the programs"). Veterans' Haven North is located on the grounds of the former Hagedorn Psychiatric Hospital in Lebanon Township (Hunterdon County), New Jersey. Veterans' Haven South is located on the grounds of the Ancora State Psychiatric Hospital in Winslow Township (Camden County), New Jersey. The programs are intended as transitional housing programs, with a semi-independent living component for homeless veterans.

History

• Amended by R.2013 d.137, effective 12/2/2013.
• See: 45 N.J.R. 1469(a), 45 N.J.R. 2471(c).
• Rewrote the section.

Subchapter 2 DEFINITIONS

N.J. Admin. Code § 5A:8-2.1 Definitions

The following words and terms, as used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Admission" means the procedure for entering Veterans' Haven.

"Allowable deductions" means court-ordered payments, such as child support, wage garnishments, and fines, plus an individual's personal needs deduction of $ 200.00 per month.

"Assets" means any items owned by the resident or spouse either solely or jointly with others.

"Bank account" means an account opened independently by the resident after admission, provided that the resident has income and shall be liable for any monthly fee.

"Community reintegration phase" means that program involving the voluntary transfer of residents from learning basic vocational skills to using learned skills in community projects.

"Department" or "DMAVA" means the Department of Military and Veterans' Affairs.

"Dependent" means a resident's legal spouse or child, if the child either is under age 21 or is totally and permanently disabled.

"Designated contact person" means a person or persons identified by an applicant upon application to the program with whom messages for the applicant may be left. It shall be the responsibility of the applicant to maintain the accuracy of the address and telephone number of the applicant's designated contact person.

"Gross monthly income" means all income and/or revenue received by a resident for a given month and includes, but is not limited to, funds received for labor or services, Social Security, pensions, VA compensation, aid and attendance, net rental income of property, and/or proceeds of business or enterprises and investments, not to include losses.

"Homeless veteran" means a veteran who:

1. Lacks a fixed, regular, and adequate nighttime residence;

2. Stays in a primary nighttime residence that is:

i. A supervised public or private shelter designed to provide temporary accommodations;

ii. An institution that provides a temporary residence; or

iii. A public or private place not designed for, or normally used as a regular sleeping accommodation for human beings; or

3. Is doubled up in living quarters with a relative or friend.

"Resident" means an individual residing in Veterans' Haven.

"Resident contract" means an agreement signed by a resident upon admission in which the resident agrees to follow the rules and the discipline of the program; to actively participate in his or her prescribed treatment plan as jointly developed by the resident and the treatment team; and to contribute to his or her own care and maintenance during residency.

"Resident contribution" means the monthly rental fee billed to the resident based upon 30 percent of the resident's net monthly income, less court-ordered payments and up to a $ 200.00 deduction for personal needs. The resident contribution shall be no more than $ 300.00 per month per resident.

"Residents' Liaison" means a resident who represents fellow residents on their issues and makes recommendations related to residents' rights and activities. The Resident Liaison is elected by current residents. The Resident Liaison must be a resident of at least six months, employed full time or in school full time, and follow all rules and regulations of the facility.

"Self-reclamation phase" means that program phase during which a resident learns or redevelops job skills and life skills while continuing to regularly attend prescribed counseling.

"Spouse" means the legally married partner of the resident.

"Superintendent" means the Superintendent of Veterans' Haven.

"Treatment phase" means the initial evaluation phase of the program during which a resident adopts an individual treatment plan and executes a resident contract.

"Treatment plan" means a personal program developed by the treatment team and an individual resident based upon that team's assessment of the resident's needs.

"Treatment Team" means a team composed of a social worker, an addictions' counselor, a vocational counselor and a nurse.

"USDVA" means the United States Department of Veterans Affairs.

"USDVAMC" means a United States Department of Veterans Affairs Medical Center.

"Veteran" means a person who has served on active duty other than for training and was separated other than dishonorably from the Armed Forces of the United States.

"Vocational counseling" means a process of vocational assessment through testing, interviews and observations, through which a resident is guided toward a career field.

"Vocational training" means career and educational programs that are tailored to residents individual needs and abilities that provide tools to make residents successful. This training shall include life skills, resume building, interview skills, and attitude improvement.

History

• Amended by R.2013 d.137, effective 12/2/2013.
• See: 45 N.J.R. 1469(a), 45 N.J.R. 2471(c).
• In definition "Allowable deductions", inserted a comma following "payments"; in definitions "Allowable deductions" and "Resident contribution", substituted "$ 200.00" for "$ 100.00"; in definition "Gross monthly income", inserted "VA compensation,", and deleted the last sentence; in definition "Resident contribution", inserted "up to"; and rewrote definition "Residents' Liaison".

Subchapter 3 PROGRAM ADMISSION POLICY

N.J. Admin. Code § 5A:8-3.1 Admission eligibility criteria

(a) Persons eligible for admission to Veterans' Haven:

Are homeless veterans;

2. If applicable, have completed certified detoxification programs for alcohol and drug abuse;

3. Express a willingness to become employable;

4. Execute a resident contract in the form set forth in Appendix A; incorporated herein by reference;

5. Shall have been screened medically, to include a tuberculosis test, and psychiatrically by a USDVAMC and recommended by a USDVAMC as stabilized and qualified for admission to Veterans' Haven; and

6. Shall have medical and psychological needs that, in the determination of the Treatment Team, are capable of being addressed in a manner consistent with the social reintegration and employment goals, and within the reasonable and practical capabilities, of Veterans' Haven.

i. In making this determination, the Treatment Team shall consider the following factors:

(1) The applicant's medical and psychosocial behaviors;

(2) The applicant's past medical history;

(3) The applicant's present medical condition;

(4) The applicant's mental acuity levels;

(5) The treatments and care required to meet the applicant's individual health care and psychological needs;

(6) Evidence of an applicant's continued, active substance abuse;

(7) Whether the applicant poses a danger to self or others; and

(8) The applicant's existing net monthly income shall not exceed $ 1,800.

History

• Amended by R.2013 d.137, effective 12/2/2013.
• See: 45 N.J.R. 1469(a), 45 N.J.R. 2471(c).
• Rewrote (a)5; and in (a)6i(8), substituted "$ 1,800" for "$ 900.00".

N.J. Admin. Code § 5A:8-3.2 Preapproval screening

(a) Upon receipt of a referral from a USDVAMC pursuant to N.J.A.C. 5A:8-3.1(a)5, the Treatment Team shall schedule an approval screening interview with the referred applicant.

(b) During the approval screening interview, the Treatment Team shall make inquiry of the applicant as to the matters contained in the Pre-Admission Screening and Intake Upon Admission form set forth in Appendix B incorporated herein by reference and shall complete that form during the interview. At the conclusion of the interview, the applicant shall sign and date the form, which shall then constitute the applicant's application for admission to Veterans' Haven, as supported by the information required to be obtained by the Treatment Team in (c) below.

(c) During the preacceptance screening interview, the Treatment Team shall obtain from the applicant either the following information and documents, or the applicant's executed authorizations for the release of the following information and documents:

1. Copy of DD form 214 or Certificate of Honorable Service;

2. The applicant's social history, consisting of:

i. A copy of the applicant's birth certificate;

ii. Marital status verification; and

iii. Verification of residency;

3. Medical status, consisting of:

i. A completed screening report from the referring USDVAMC; and

ii. A medical history release request;

4. The applicant's financial status, consisting of:

i. Copies of award letters from either the USDVA or the Social Security Administration; and

ii. The applicant's statement of his or her income supported by copies of the applicant's most recent Federal and State Income Tax returns and such other documents as may be required;

5. Verification of funeral arrangements, if any are in place;

6. A copy of the applicant's advance directive for health care, if any, (the Treatment Team shall provide the applicant with information on how to execute an advance directive for health care, if requested to do so by the applicant), such as:

i. An advance directive;

ii. A proxy directive;

iii. An instruction directive; and/or

iv. A combined directive;

7. An application to New Jersey Veterans' Memorial Homes, if applicable;

8. An application to BG William C. Doyle Veterans Memorial Cemetery, if applicable; and

9. Verification of Veterans' Preference.

(d) Upon completion of the preapproval screening interview, the Treatment Team shall time-stamp, date, and prioritize the application for admission.

1. Application priority shall be based upon the applicant's availability to begin the program.

History

• Amended by R.2013 d.137, effective 12/2/2013.
• See: 45 N.J.R. 1469(a), 45 N.J.R. 2471(c).
• In (c)5, deleted "and" from the end; rewrote the introductory paragraph of (c)6; in (c)6iv, substituted a semicolon for a period at the end; deleted (c)6v; and added (c)7 through (c)9.

N.J. Admin. Code § 5A:8-3.3 Rejection

If the Treatment Team rejects an applicant, the Superintendent shall provide written notice of denial and the reason for denial within 14 days to the applicant or the applicant's designated contact person.

N.J. Admin. Code § 5A:8-3.4 Waiting list

(a) Approved applicants shall be placed on the bottom of the waiting list, and in order of time, date and priority assigned pursuant to N.J.A.C. 5A:8-3.2(d).

(b) The waiting list process is as follows:

1. There shall be no bypassing approved applicants on the waiting list except when bed availability is based on gender or when determined by the Treatment Team's professional assessment that the applicant is in serious need of the program and pursuant to N.J.A.C. 5A:8-3.2(d)1.

2. If an approved applicant refuses admission at the time offered, the applicant shall be placed at the bottom of the waiting list. If such an applicant is offered admission a second time and refuses, the applicant shall be taken off the list and barred from reapplying for a period of six months.

3. If an approved applicant cannot be reached either directly or through his or her designated contact person within five working days of having been determined to be the next in line for admission, that veteran shall be placed at the bottom of the waiting list.

(c) The waiting list is a confidential document.

Subchapter 4 PROGRAM DISCHARGE POLICY

N.J. Admin. Code § 5A:8-4.1 Discharge policy

(a) A resident shall be voluntarily discharged from Veterans' Haven:

1. When he or she has satisfactorily demonstrated to the Treatment Team readiness to return to independent living; or

2. When he or she no longer wishes to remain a resident.

(b) A resident may be involuntarily discharged when, in the determination of the Treatment Team, the welfare of staff, residents and visitors is threatened or when normal operation of the program is disrupted for the following:

Lewd or lascivious behavior;

Fraud or misrepresentation;

Violation of the terms of the resident contract;

4. For medical reasons to protect the welfare of the resident or other residents;

5. Acts resulting in an arrest and/or conviction for a felony; or

Verbal abuse of staff, residents, or visitors.

(c) A resident shall be involuntarily discharged for the following:

1. Use, possession, and/or distribution of alcohol or a controlled dangerous substance without a prescription, and/or the distribution of a prescribed controlled dangerous substance to another resident;

2. The inability of Veterans' Haven to meet the medical, psychosocial, or safety needs of the resident as determined by the Treatment Team;

3. Intentional setting of fire;

4. Suicidal tendencies or attempts;

Self-inflicted bodily injury;

Gambling;

7. Willful destruction of property;

8. Failure to pay fees as required;

9. Physical abuse of staff, residents, or visitors; or

10. Possession of a weapon.

(d) Upon the Superintendent's determination that a resident shall be involuntarily discharged, the Superintendent or his or her designated representative personally shall provide the resident with written notification of the discharge stating the grounds thereof and the time and date by which the resident shall leave the premises, and advising the resident of his or her right to appeal pursuant to N.J.A.C. 5A:8-4.2.

(e) Involuntarily discharged residents shall leave Veterans' Haven within eight hours. The Department will assist discharged residents in finding another program or accommodations at a shelter.

History

• Amended by R.2013 d.137, effective 12/2/2013.
• See: 45 N.J.R. 1469(a), 45 N.J.R. 2471(c).
• In (c)1, inserted ", and/or the distribution of a prescribed controlled dangerous substance to another resident"; and in (e), substituted "eight" for "four".

N.J. Admin. Code § 5A:8-4.2 Appeal process for an involuntary discharge

(a) A resident who receives notification of being involuntarily discharged may appeal the discharge to the Residents' Liaison by submitting a written statement of the reasons against the discharge.

(b) The Residents' Liaison shall notify the Superintendent of the written appeal.

(c) The Treatment Team, in the event of an involuntary discharge based upon N.J.A.C. 5A:8-4.1(b), is authorized to recommend to the Superintendent that a resident be placed on probation for a period not to exceed 30 days.

(d) The Treatment Team shall hear the resident's appeal against discharge and shall make recommendations to the Superintendent within two business days.

(e) Upon the request of the resident, the Treatment Team shall disclose information relevant to the resident's appeal.

(f) The Superintendent shall affirm the discharge, reverse the discharge or conditionally reverse the discharge and shall report his or her decision to the Director of Veterans' Services.

(g) The Superintendent shall inform the resident and the Director of Veterans' Services within 24 hours of his or her decision.

(h) If the Superintendent affirms the discharge, the appeal will be forwarded to the Director of Veterans' Services within three business days.

(i) The Director of Veterans' Services shall respond to the resident within seven business days of receipt of appeal.

(j) The decision of the Director of Veterans' Services shall be final.

Subchapter 5 PROGRAM READMISSION POLICY

N.J. Admin. Code § 5A:8-5.1 Readmission guidelines

(a) A resident who has been either voluntarily or involuntarily discharged from Veterans' Haven who is eligible for admission pursuant to N.J.A.C. 5A:8-3.1 may be readmitted a maximum of three times to Veterans' Haven as determined by the Treatment Team on a case-by-case basis.

(b) Within five days of the readmission, the Treatment Team shall:

Provide a written evaluation of the individual with specific recommendations;

2. Complete a comprehensive treatment plan with the resident. The plan shall be more stringent than the previous plan; and

3. Schedule frequent and in-depth re-evaluations and case conferences with the resident.

History

• Amended by R.2013 d.137, effective 12/2/2013.
• See: 45 N.J.R. 1469(a), 45 N.J.R. 2471(c).
• In (a), substituted "three times" for "one time".

Subchapter 6 MONTHLY RENTAL FEE

N.J. Admin. Code § 5A:8-6.1 General requirements for computing monthly rental fee

(a) The monthly rental fee shall be in accordance with N.J.A.C. 5A:8-2.1.

(b) At the time of admission, and on the fifth day of each month thereafter, the computation of the monthly rental fee is calculated with the resident. The calculation shall be determined by the review of award letters from either USDVA or the Social Security Administration. Income from all sources shall be disclosed. Income shall be verified by submitting the most recent copy of the earnings statements, pay stubs, bank statements, and such other documents as may be required.

(c) Payment of the monthly rental fee is due the fifth business day of each month.

(d) At the time of discharge, there will be no reimbursement to the resident for pre-paid monthly rental fees.

History

• Amended by R.2013 d.137, effective 12/2/2013.
• See: 45 N.J.R. 1469(a), 45 N.J.R. 2471(c).
• In (b), substituted "USDVA" for "U.S. Department of Veterans Affairs" and "earnings statements, pay stubs, bank statements," for "Federal and State Income Tax returns".

Subchapter 7 FINANCIAL RESPONSIBILITIES OF RESIDENTS

N.J. Admin. Code § 5A:8-7.1 Financial responsibilities of residents

(a) The resident shall be responsible for all financial obligations he or she incurs for services not provided by the program. This includes, but is not limited to:

1. Transportation;

2. Medical appointments;

3. Hospitalization;

4. Specialized services, programs, treatments or training;

5. Adaptive equipment;

6. Diagnostic services;

7. Other outside services as requested by the resident; and

8. Deductible fees not covered by medical insurance.

(b) The program shall not be responsible for any debts incurred by a resident including health care costs.

(c) All personal property of the resident is the responsibility of the resident. The program shall not be responsible and shall not reimburse a resident for loss or damage of personal items.

Chapter 10 NEW JERSEY VIETNAM 25TH ANNIVERSARY COMMEMORATIVE MEDAL

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 5A:10-1.1 Purpose

This chapter establishes the procedures for the State to recognize and honor those among its residents who served proudly and those who died bravely through the awarding of the New Jersey Vietnam 25th Anniversary Commemorative Medal.

N.J. Admin. Code § 5A:10-1.2 Definitions of types of discharges from the service

The following words and terms, as used in this subchapter to describe characterization of a service member's service at separation, shall have the following meanings, unless the context clearly indicates otherwise.

"Discharged under other than honorable conditions" means that discharge specified when the reason for separation is based upon a pattern of behavior or one or more acts or omissions that are not acceptable military conduct.

"General discharge (under honorable conditions)" means the discharge specified when significant negative aspects of the soldier's conduct or performance outweigh positive aspects of the soldier's military record. If a soldier's service has been honest and faithful, it is appropriate to characterize that service as under honorable conditions.

"Honorable discharge" means that discharge specified when the quality of service generally has met the standards of acceptable conduct and performance of duty for military personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

Subchapter 2 AWARD CRITERIA, APPLICATION PROCEDURES, AND ISSUANCE

N.J. Admin. Code § 5A:10-2.1 Criteria for award

(a) Any current resident of the State of New Jersey shall be eligible for the award of the New Jersey Vietnam 25th Anniversary Commemorative Medal upon:

1. Proof of residency in the State of New Jersey. In the case of a deceased person, evidence that the deceased was a resident of New Jersey at the time of death;

2. Presentation of a Department of Defense (DD) Form 214 indicating an honorable discharge from any branch of the armed forces of the United States; and

A demonstration that the individual was on active duty in any branch of the armed forces of the United States in Vietnam, Thailand, Laos or Cambodia or the contiguous waters or air space thereof on or after December 31, 1960 and on or before May 7, 1975, and:

i. Was attached to or served for one or more days with an organization participating in or directly supporting military operations;

ii. Was attached to or served for one or more days aboard United States Naval vessel directly supporting military operations;

iii. Participated as a crew member in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations; or

iv. Served on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that this time limit may be waived for persons participating in actual combat operations.

(b) Any former resident of this State shall be eligible for the award of the New Jersey Vietnam 25th Anniversary Commemorative Medal upon:

1. Proof of residency in the State of New Jersey on the date of induction into the organized militia or Federal military service;

2. Presentation of a Department of Defense (DD) Form 214 indicating an honorable discharge from any branch of the armed forces of the United States; and

A demonstration that the individual was on active duty in any branch of the armed forces of the United States in Vietnam, Thailand, Laos, or Cambodia, or the contiguous waters or air space thereof on or after December 31, 1960, and on or before May 7, 1975, and:

i. Was attached to or served for one or more days with an organization participating in or directly supporting military operations;

ii. Was attached to or served for one or more days aboard a United States Naval vessel directly supporting military operations;

iii. Participated as a crew member in one or more aerial flights into airspace above Vietnam and contiguous waters directly supporting military operations; or

iv. Served on temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that this time limit may be waived for persons participating in actual combat operations.

(c) Applicants who received either a general discharge (under honorable conditions) or a discharge under other than honorable conditions shall not be considered for this award.

History

• Amended by R.2014 d.037, effective 3/3/2014.
• See: 45 N.J.R. 2377(a), 46 N.J.R. 437(a).
• Added new (b); and recodified former (b) as (c).

N.J. Admin. Code § 5A:10-2.2 Procedures for requesting award

(a) Eligible individuals shall submit a written request for the awarding of the New Jersey Vietnam 25th Anniversary Commemorative Medal along with the documentation specified in N.J.A.C. 5A:10-2.1(a) or (b) to: The Adjutant General

New Jersey Department of Military and Veterans' Affairs

Attn: DCVA-DVS-VBB

PO Box 340

Trenton, New Jersey 08625-0340

(b) The New Jersey Vietnam 25th Anniversary Commemorative Medal for a deceased person may be requested by and shall be issued to a surviving spouse or immediate family member who submits all of the required forms and documentation specified in N.J.A.C. 5A:10-2.1(a) or (b), to include proof of death, such as a copy of a death certificate, newspaper article (obituary), or death notice, coroner's report of death, funeral director's signed statement of death, or verdict of coroner's jury, on behalf of that person to the address listed in (a) above.

History

• Administrative change.
• See: 38 N.J.R. 4411(b).
• Amended by R.2014 d.037, effective 3/3/2014.
• See: 45 N.J.R. 2377(a), 46 N.J.R. 437(a).
• In the introductory paragraph of (a), updated the N.J.A.C. reference; and rewrote (b).

N.J. Admin. Code § 5A:10-2.3 Issuance of the award

(a) Upon verification of eligibility for the award, the New Jersey Department of Military and Veterans' Affairs will issue, at no cost to the applicant, the New Jersey Vietnam 25th Anniversary Commemorative Medal with the service ribbon and appropriate certificate.

(b) No person shall be entitled to more than one award of the medal and ribbon.

History

• Amended by R.2014 d.037, effective 3/3/2014.
• See: 45 N.J.R. 2377(a), 46 N.J.R. 437(a).
• In (a), inserted the first occurrence of "New Jersey".

Chapter 11 VETERANS' ACCESS TO STATE BEACHES

Subchapter 1 VETERANS' ACCESS TO STATE BEACHES

N.J. Admin. Code § 5A:11-1.1 Purpose

The purpose of this chapter is to establish which veterans are eligible for free or reduced fee beach access to State beaches and what proof shall be deemed sufficient to prove such veteran status pursuant to N.J.S.A. 40:61-22.20.1.b(5).

History

• Adopted by 46 N.J.R. 1877(a), effective 9/2/2014.

N.J. Admin. Code § 5A:11-1.2 Eligible veterans

(a) For the purpose of this chapter, a veteran may be eligible for free or reduced beach access, pursuant to N.J.S.A. 40:61-22.20.1.b(5), if he or she was a member of the Armed Forces of the United States and was discharged or released under conditions other than dishonorable and:

1. Served at least 90 days in active duty; or

2. Was released from active duty by reason of an actual service-incurred injury or disability.

History

• Adopted by 46 N.J.R. 1877(a), effective 9/2/2014.

N.J. Admin. Code § 5A:11-1.3 Acceptable forms of verification

(a) Veterans requesting free or reduced beach access must provide proof to the municipality of their eligibility for free or reduced beach passes. Acceptable forms of identification include, but are not limited to, the following:

1. Department of Defense Form 214, Certificate of Release or Discharge from Active Duty (DD 214);

2. A state drivers license with Veterans Status designation;

3. A U.S. Department of Veterans Affairs Identification Card; and/or

4. A state, county, and/or local government issued Veterans Identification Card.

History

• Adopted by 46 N.J.R. 1877(a), effective 9/2/2014.

N.J. Admin. Code Tit. 5A, ch. 9 Reserved

History

• CHAPTER SOURCE AND EFFECTIVE DATE:
• R.2014 d.024, effective 12/23/2013.
• See: 45 N.J.R. 2163(a), 46 N.J.R. 207(a).
• CHAPTER HISTORICAL NOTE:
• Chapter 9, Veterans' and Disabled Veterans' Preference and Designation of Veterans' Status for Pension Purposes, was adopted as new rules by R.2006 d.335, effective 9/18/2006. See: 38 N.J.R. 2247(a), 38 N.J.R. 3777(a).
• In accordance with N.J.S.A. 52:14B-5.1b, Chapter 9, Veterans' and Disabled Veterans' Preference and Designation of Veterans' Status for Pension Purposes, was scheduled to expire on 9/18/2013. See: 43 N.J.R. 1203(a).
• Chapter 9, Veterans' and Disabled Veterans' Preference and Designation of Veterans' Status for Pension Purposes, was readopted as R.2014 d.024, effective 12/23/2013. See: Source and Effective Date. See, also, section annotations.
• Chapter 9, Veterans' and Disabled Veterans' Preference and Designation of Veterans' Status for Pension Purposes, expired on December 23, 2020.
• CHAPTER AUTHORITY: N.J.S.A. 11A:5-1.1, N.J.S.A. 18A:66-2.2, and N.J.S.A. 43:15A-6.1; and P.L. 2000, c. 127, P.L. 2000, c. 146, P.L. 2001, c. 127, P.L. 2003, c. 197, and P.L. 2007, c. 115.

Chapter 3 NEW JERSEY DISTINGUISHED SERVICE MEDAL

N.J. Admin. Code Tit. 5A, ch. 3, app A

NEW JERSEY DEPARTMENT OF MILITARY & VETERANS AFFAIRS

APPLICATION FOR AWARD / PROGRAM

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Chapter 6 DIVISION OF VETERANS SERVICES

N.J. Admin. Code Tit. 5A, ch. 6, app B

NEW JERSEY DEPARTMENT OF MILITARY AND VETERANS' AFFAIRS

DIVISION OF VETERANS SERVICES

QUARTERLY REVIEW

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History

• Amended by R.2010 d.252, effective 11/1/2010.
• See: 42 N.J.R. 1648(a), 42 N.J.R. 2609(a).