New Jersey Administrative Code

(a) Pursuant to statutory authority, the Department establishes procedures on the application process consistent with law and supervises the operation with the policy and procedures so established. (b) The Pharmaceutical Assistance to the Aged and Disabled Program has responsibil…

(a) There shall be only one application for those beneficiaries who apply for both PAAD and Lifeline. 1. A beneficiary may file one application for both programs on the same form. 2. If an applicant wishes to apply only for Lifeline, he or she shall use the PAAD eligibility appli…

(a) To be eligible for PAAD, the applicant shall be 65 years of age or older or shall be under 65 and over 18 years of age and receive Social Security Title II disability benefits. Individuals under age 65 who receive disability benefits on behalf of someone other than themselves…

(a) A PAAD eligibility card is effective for the dates indicated on the card. PAAD shall automatically renew each beneficiary's eligibility card annually unless PAAD determines, in its sole discretion, that a beneficiary must submit current information by completing a renewal app…

(a) All personally identifiable information regarding applicants or beneficiaries obtained or maintained under this program shall be confidential and shall not be released without the written consent of the applicant or beneficiary or their authorized agent. (b) Disclosure of inf…

(a) When PAAD determines that an application is ineligible for benefits, the applicant has the right to appeal the decision by submitting a written request for a fair hearing to Pharmaceutical Assistance to the Aged and Disabled, PO Box 715, Trenton, New Jersey 08625-0715, within…

(a) Any single permanent resident of New Jersey who is 65 years of age or over or who is under 65 and over 18 years of age and is receiving Social Security Title II disability benefits must have an annual income of less than $ 28,769 to be eligible for PAAD. (b) Any married perma…

A person shall not be required to be a citizen of the United States in order to be eligible for PAAD. Notes N.J. Admin. Code § 10:167-6.3

(a) The statute provides that "any . . . resident of this State . . . shall be eligible for PAAD. 'Resident' means one legally domiciled within the State for a period of 30 days immediately preceding the date of application for inclusion in the program. Mere seasonal or temporary…

(a) The State statute provides that any person shall be ineligible for PAAD if he/she is otherwise qualified for assistance under the Act of which the PAAD Act is a supplement (Chapter 413, Laws of 1968). This is interpreted to mean that a State resident 65 years of age or older …

(a) The eligibility application forms are available to applicants in central and local offices and other convenient locations throughout the State, on the Department's website at www.state.nj.us/humanservices/doas/home/ap2.html, and by writing to the New Jersey Department of Huma…

(a) Each applicant for PAAD benefits must include his or her Social Security Account Number (SSAN) on the application/reapplication form. The SSAN is a unique and verifiable number which is utilized to differentiate between persons with the same name. Married persons must also in…

The applicant for PAAD benefits must certify that all the answers to the questions and items on the application/renewal application form are true and accurate to the best of his/her knowledge. This certification must be dated, signed or marked by the applicant and spouse (if marr…

(a) By signing or marking the certification and authorization statement on an application or a renewal application form, an applicant or a reapplicant authorizes: 1. The Department to serve as the authorized representative of the applicant or reapplicant; 2. The Department to ver…

Pursuant to P.L. 1983, C. 371, no encumbrance or recovery of any kind shall be imposed or sought from the estate of a qualified applicant or an eligible person after his death because of assistance paid, or to be paid, on his behalf under the PAAD program, except for assistance i…

(a) As provided in N.J.S.A. 30:4D-1 et seq., the Department may take all necessary action to recover the cost of benefits incorrectly paid on behalf of a beneficiary.1. The term "incorrect payment" includes, but is not limited to: i. Payment made on behalf of a beneficiary whose …

Provisions for the application of liens shall be consistent with and conform to any provisions for liens as provided in N.J.S.A. 30:4D-1 et seq. Notes N.J. Admin. Code § 10:167-7.3

Any person violating any provision of the PAAD Act shall be subject to the applicable civil and criminal penalties contained in the "New Jersey Medical Assistance and Health Services Act" (N.J.S.A. 30:4D-1 et seq.). In addition, any eligible person who violates any provision of t…

(a) This chapter is promulgated pursuant to P.L. 2007, c. 286, (N.J.S.A. 30:1-15.3) known as Billy's Law, which authorizes the Department of Human Services to prescribe standards for the placement of children from this State in out-of-State residential schools and programs. (b) U…

The following words and terms, when used in this chapter, shall have the following meanings: "Child" means a service recipient of the Department of Human Services under the age of 23 years. "Department" means the New Jersey Department of Human Services. "Emergency" means that the…

(a) Before entering into a contract with an out-of-State residential program for the placement of children, the Department shall ensure that an evaluation and inspection of the program are conducted. The inspection shall include a site visit. (b) The Department shall either assig…

(a) Each out-of-State residential program serving one or more New Jersey children shall meet or exceed the applicable New Jersey rules for the type of program it most closely resembles, as specified at N.J.A.C. 10:44A, 10:44B, 10:44C, 10:47, 10:127, 10:128, or such other rules go…

(a) The Department shall contract with each out-of-State program in which children are placed. (b) The contract shall indicate that the Department is authorized to conduct unannounced inspections of the program. (c) The contract shall indicate that the Department is authorized to…

(a) Upon completion of the evaluation and inspection of each out-of-State residential program, the Department shall provide a report of the evaluation and inspection to the placing agency and any other New Jersey Department placing or facilitating the placement of children at the…

(a) By January 6, 2011, the Department shall report to the Governor and the Legislature on its implementation of these rules concerning out-of-State placements of children, as well as the Department's efforts to expand New Jersey's capacity to provide in-State residential program…

(a) A County Human Services Advisory Council (CHSAC) is a county-based planning, advisory, and advocacy organization dedicated to meeting the human service needs of the local community. A CHSAC seeks to facilitate, coordinate and enhance the delivery of human services through col…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Commissioner" means the Commissioner of the New Jersey Department of Human Services and the Department of Children and Families. "Consumer…

(a) To receive and maintain the Departments' approval, County Human Services Advisory Councils shall contain the required membership delineated in (a)1 through 3 below. The categories of membership in (a)4 through 7 below are strongly recommended. All categories of membership may…

In its relationship to other county advisory groups, the County Human Services Advisory Council, because of its mission and comprehensive scope of activities, shall be the principal human services advisory body to the Departments and to the county. As such, it shall maintain a li…

(a) Each CHSAC shall: 1. Periodically develop, update, and monitor local planning activities, under each Department's guidance and priorities, addressing the needs of the Departments and local community. The council shall conduct/secure needs assessments of target populations, an…

(a) County Human Services Advisory Councils shall: 1. Maintain a clearly identified structure and operational procedures specified in the by-laws; 2. Maintain an allocation process for increases, reductions or reallocation of available funding, which, at a minimum, includes a req…

Notes N.J. Admin. Code § 10:2-1.7 Recodified to N.J.A.C. 10:2-1.6 by R.2002 d.296, effective 9/16/2002. See: 34 New Jersey Register 953(a), 34 New Jersey Register 3264(b). Section was "Procedural requirements".

(a) The State Human Services Advisory Council (SHSAC) is a network of State and local human service leaders who meet to share information about human service issues across the State of New Jersey and create a unified forum to address those issues. (b) The purpose and scope of the…

(a) The State Human Services Advisory Council shall consist of:1. Two representatives from each of the 21 County Human Services Advisory Councils (CHSACs), with one vote per county. One of these representatives shall be a CHSAC staff (Director, Coordinator, or designee), and the …

(a) The State Human Services Advisory Council shall meet at least quarterly throughout the year. (b) The State Human Services Advisory Council and any Ad Hoc committees shall be staffed by employees of the Departments. Resources and assistance to the Council will be provided by t…

Notes N.J. Admin. Code § 10:2-2.4 Amended by R.1992 d.28, effective 1/6/1992. See: 23 New Jersey Register 3259(a), 24 New Jersey Register 95(a). Added (b)1ii and (b)3iii; rewrote (b)4 i and ii; and added (b)4iii, (b)5 and 6, and (c). Repealed by R.2002 d.296, effective 9/16/2002.…

(a) The mission of the Commissioner's Executive Advisory Committee (CEAC) is to provide the State's human service community with a forum to advise the Commissioner of the Department of Human Services in the advancement and planning of human service goals and policy. (b) Members o…

(a) The Commissioner's Executive Advisory Committee may be convened by the Commissioner of the Department of Human Services with representatives from a wide and varied cross section of the human services community Statewide, which may include: 1. Children in families in need of s…

(a) An employee of the Department of Human Services shall coordinate the Commissioner's Executive Advisory Committee. The Department will provide resources and assistance to the Committee. (b) The Commissioner of the Department of Human Services will develop the agenda for the CE…

Notes N.J. Admin. Code § 10:2-3.4 Repealed by R.2008 d.83, effective 4/7/2008. See: 39 N.J.R. 3864(a), 40 N.J.R. 1864(a). Section was "Task forces".

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise. "Affiliates" means persons having a relationship such that any one of them directly or indirectly controls or has the power to control an…

The DHS shall supply to the State Treasurer, a monthly list of all persons having been debarred, suspended, or disqualified in accordance with the procedures prescribed herein. Such lists shall at all times be available for public inspection. Notes N.J. Admin. Code § 10:3-1.10…

Nothing required by this order shall be construed to limit the authority of the DHS or its divisions to refrain from contracting within the discretion allowed by law. Notes N.J. Admin. Code § 10:3-1.11

The provisions of this subchapter shall not be deemed to amend, revoke, or otherwise alter any existing regulations already adopted by divisions within the DHS concerning debarment, suspension or disqualification proceedings except insofar as such regulations or parts thereof are…

Any appeals under the provisions of this subchapter shall be conducted pursuant to the Administrative Procedure Act (N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq.) and the Uniform Administrative Procedure rules (N.J.A.C. 1:1). Notes N.J. Admin. Code § 10:3-1.13 New rule, R.1988 …

(a) The violation of any of the prohibitions contained in this section shall render any vendor committing such violation liable to debarment in the public interest. (b) The provisions of (c) through (h) below shall be included in all requests for proposals issued by the Departmen…

(a) Subject to the conditions hereinafter described, the Commissioner may debar a person for any of the following causes. 1. Commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract, or subcontract thereunder, or in the per…

(a) Debarment shall be made only upon approval of the Commissioner except as otherwise provided by law. (b) The existence of any of the causes set forth in N.J.A.C. 10:3-1.2 shall not necessarily require that a person be debarred. In each instance, the decision to debar shall be …

(a) The procedures, the period of debarment and scope of debarment are as follows: 1. The Department of Human Services, in seeking to debar a person or his affiliates, shall furnish such party with a written notice stating that debarment is being considered, setting forth the rea…

The commissioner may suspend a person for any cause specified in this subchapter or upon adequate evidence that such cause exists. Notes N.J. Admin. Code § 10:3-1.5