N.J. Admin. Code § 10:90-8.5

Current through Register Vol. 56, No. 6, March 18, 2024
Section 10:90-8.5 - Authorization of payment
(a) Funeral services and cemetery costs shall be separated and paid separately. Funeral directors and cemetery representatives shall each complete and submit Form WFNJ-11, Affidavit and Petition for Payment, to the county or municipal agency to receive payment. The allowance for adult funeral services, exclusive of cemetery costs, is the total amount charged or $ 2,246, whichever is less. The cemetery allowance is the sum of all cemetery charges or $ 524.00, whichever is less. The allowance for a stillborn birth up to six days old is $ 1,123 for the funeral and $ 262.00 for the cemetery charge; for a one-week through 23 months old child, $ 1,684 for the funeral and $ 393.00 for the cemetery charge; and for a child two years old and up, the adult allowances shall apply. Purchase of an urn when an individual is cremated is a permissible expense and is charged toward the funeral allowance. When ground burial is made of the remains, the cemetery allowance also applies. Crematory charges, as well as burial of the urn are permissible expenses and are to be charged toward the cemetery allowance. The maximum total of allowances for a decedent is the sum of the funeral allowance and the cemetery allowance, as applicable. Payments may be authorized for transportation costs for otherwise eligible Medicaid or WFNJ recipients who would normally qualify for funeral and cemetery expenses but have chosen to donate their bodies for medical education and research.
(b) The payment to be made shall not exceed the maximum allowable rate for funerals and cemetery costs, as delineated in (a) above. The value of any prepaid funeral contract on record shall reduce, dollar for dollar, the funeral and burial allowance. Contributions from next of kin and interested parties up to $ 785.00 for a stillborn to six days old, $ 1,178 for one week through 23 months old, and $ 1,570 for two years old to adult shall be excluded. Amounts exceeding those listed shall be counted in determining the amount to be paid by the agency. The contributor shall designate the contribution, up to the maximum allowed, as he or she chooses, either to defray the funeral expenses or the cemetery costs.
1. After a funeral and cemetery claim is determined eligible for payment based on 10:90-8.2(a), the county and municipal agency shall forward a list of the decedent's assets, and resources as identified in 10:90-8.4(c), to DFD who will be responsible for pursuing reimbursement from those assets and resources.
(c) Payment for funeral and cemetery claims shall be made first from any funds received by or designated for the county or municipal agency pursuant to these regulations from or on behalf of the decedent and secondly, if necessary, from assistance funds.

N.J. Admin. Code § 10:90-8.5

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 N.J.R. 3971(b), 30 N.J.R. 389(a).
Amended by R.2003 d.226, effective 6/16/2003.
See: 34 N.J.R. 2713(a), 35 N.J.R. 2670(a).
In (a), rewrote the introductory paragraph; in (b), added the last sentence in the introductory paragraph and added 1; added (d).
Administrative correction.
See: 35 N.J.R. 5420(a).
Amended by R.2004 d.292, effective 8/2/2004.
See: 36 N.J.R. 1695(a), 36 N.J.R. 3545(a).
In (a), added the first sentence, substituted "Crematory charges" for "Cremation" at the beginning of the sixth sentence and "cemetery" for "burial" before "allowance" in the sixth sentence.
Amended by R.2007 d.302, effective 10/1/2007.
See: 39 N.J.R. 2183(a), 39 N.J.R. 4126(a).
In the introductory paragraph of (a), inserted the second sentence; deleted (a)1; in (b), substituted "allowance of $ 1,970 for funerals and $ 460.00 for cemetery costs. The value of any prepaid funeral contract on record shall reduce, dollar for dollar, the funeral and burial allowance" for "of allowances as reduced by the combined resources of the decedent"; added (b)1; in (c), substituted "Payment for funeral and cemetery claims" for "Payments"; and deleted (d).
Amended by R.2008 d.297, effective 10/6/2008.
See: 40 N.J.R. 1735(a), 40 N.J.R. 5808(a).
Rewrote (a) and the introductory paragraph of (b).