New Jersey Administrative Code

(a) To be considered a special needs trust, the trust shall include the following provisions: 1. The trust shall specifically state that the trust is for the sole benefit of the trust beneficiary; 2. The trust shall specifically state that its purpose is to permit the use of trus…

The Department of Human Services is the administrative unit of the State government which has control over the administration of HAAAD. Under the terms of the HAAAD law, the Department is responsible for the general policies, governing administration of HAAAD, and for effecting t…

Pharmaceutical Assistance to the Aged and Disabled (PAAD) is the unit which has the direct responsibility for the processing of eligibility applications and for authorizing payment of HAAAD benefits. Notes N.J. Admin. Code § 10:167E-3.2

(a) The Commissioner shall establish operating policies to expedite the processing of applications and to assure the maximum possible compliance with the standards set forth in this chapter. (b) The Department of Human Services, Division of Medical Assistance and Health Services,…

The application process includes all activity relating to a request for eligibility determination. The application process begins with the receipt by the Department of an eligibility application and continues in effect until there is an official disposition of the request by the …

(a) In those instances where the applicant is incompetent or incapable of filing an eligibility application on his or her own behalf, the Department shall accept any one of the following, listed in the order of priority, as an authorized agent for the purpose of initiating such a…

(a) The Department, through PAAD, establishes procedures on the application process consistent with law and supervises the operation with the policy and procedures so established. (b) PAAD has responsibility in the application process to: 1. Explain the purposes and eligibility r…

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

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

(a) A person shall not be required to be a citizen of the United States in order to be eligible for HAAAD. (b) Any resident of this State shall be eligible for HAAAD (see N.J.A.C. 10:167E-2.1). Notes N.J. Admin. Code § 10:167E-5.3

(a) Any person shall be ineligible for HAAAD if he or she is otherwise qualified for assistance for the New Jersey Title XIX (Medicaid) program. (b) If an otherwise eligible person's hearing aid costs are covered in whole by any other State or Federal government program or insura…

The applicant for HAAAD benefits must sign a certification that all the answers to the questions and items on the application form are true and accurate to the best of his or her knowledge. Notes N.J. Admin. Code § 10:167E-5.5

By signing or marking the certification and authorization statement on the application form, the applicant authorizes assignment of benefits to the State of New Jersey if he or she or his or her spouse has any other plan of assistance or insurance that covers, at least in part, t…

A person eligible for HAAAD is entitled to receive a payment of up to $ 100.00 in a calendar year. Only one benefit may be issued in the period between January 1 and December 31 of any year. Notes N.J. Admin. Code § 10:167E-5.7 Amended by 49 N.J.R. 3226(a), effective 9/18/2017…

(a) 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 hearing aid costs are wholly covered by …

(a) When PAAD determines that an applicant is ineligible for HAAAD 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, Department of Human Services, PO Box 715, Tren…

(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…