N.J. Admin. Code § 5A:5-2.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 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:

1. 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;

3. 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.

N.J. Admin. Code § 5A:5-2.1

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 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.