N.J. Admin. Code § 5A:5-4.1

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

Section 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.

N.J. Admin. Code § 5A:5-4.1

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.