N.J. Admin. Code § 5A:5-5.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 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.

1. 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 38A:3-6.1 6. 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 38A:3-6.1 6. 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.

N.J. Admin. Code § 5A:5-5.1

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) 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.