N.J. Admin. Code § 10:90-8.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10:90-8.2 - Persons who may be eligible

(a) Claims for funeral and burial expenses may be received and considered with respect to:

1. A person who was in active receipt of assistance at the time of death, including WFNJ/TANF, WFNJ/GA, Supplemental Security Income (SSI) benefits, and Medicaid Only;

2. A person for whom eligibility for WFNJ/TANF, WFNJ/GA, SSI, or Medicaid Only can be otherwise determined provided that an application for assistance was made prior to death. This includes stillborn infants and deceased newborns who would have been included in a previously existing WFNJ case. Stillborn infants and deceased newborns delivered to SSI and WFNJ/GA recipients shall be considered for funeral and burial expenses regardless of whether or not there is a pending WFNJ application for the child;

3. A person whose eligibility had been established within 15 calendar days prior to death, but for whom no payment of WFNJ/GA had been issued;

4. A former recipient of WFNJ or its predecessors whose admission to any public institution within this State, other than a penal or correctional institution, was the only reason for the suspension or termination of the assistance payment, and whose death occurred within six months of confinement to such institution;

5. A person who died while a patient in a general hospital and who had been receiving WFNJ/GA at the time of admission to the hospital;

6. Recipients of Medicaid Only residing in the community and in Title XIX (Medicaid approved) facilities;

7. Recipients of Medically Needy benefits in nursing homes;

8. Recipients of SSI who were in hospice care programs;

9. Individuals in Adult Foster Care;

10. Recipients of the Community Care Program for the Elderly and Disabled (CCPED);

11. Individuals who died while satisfying a WFNJ sanction;

12. Recipients of the AIDS Community Care Alternative Program (AACAP);

13. An individual who had received WFNJ/GA at any time within six months prior to his or her death;

14. Individuals determined eligible for Assisted Living services on the basis of the receipt of SSI payments or eligibility for Medicaid Only;

15. Residents of long term care facilities, who entered the facility as Medicaid patients but elected to receive the services of a hospice agency while in the facility as long as the individual remains financially eligible for Medicaid while receiving hospice care. This does not apply to individuals receiving hospice care in the community;

16. Recipients of the New Jersey Care-Special Medicaid Program for Aged, Blind and Disabled;

17. Recipients of SSI (or its predecessor programs) or Medicaid Only who were admitted or committed to any tax supported institution within this State, other than a penal or correctional institution, with such admission or commitment being the only reason for suspension or termination of public assistance, and whose death occurs while confined to such institution; or

18. Participants in the New Jersey Workability Program with incomes up to 100 percent of the Federal Poverty Level.

(b) Claims for the funeral or burial expenses incurred by a family in receipt of extended Medicaid (see 10:90-5.9(c)) for any child who is born or legally adopted by the family during the extension period shall be considered for payment.

N.J. Admin. Code § 10:90-8.2

Amended by R.1998 d.42, effective 1/20/1998.
See: 29 New Jersey Register 3971(b), 30 New Jersey Register 389(a).
Added (a)14.
Amended by R.2003 d.226, effective 6/16/2003.
See: 34 New Jersey Register 2713(a), 35 New Jersey Register 2670(a).
In (a), inserted "for WFNJ/TANF, WFNJ/GA, SSI, or Medicaid Only" preceding "can be otherwise determined" in 2, substituted "Adult Foster Care" for "Alternative Family Care (ACF)" in 10, and added 15 through 18; added (b).
Amended by R.2004 d.292, effective 8/2/2004.
See: 36 New Jersey Register 1695(a), 36 New Jersey Register 3545(a).
In (a), deleted "and" following "WFNA/GA, ", inserted ", and Medicaid Only" after "(SSI) benefits" in 1, rewrote 2, and added 19; in (b), substituted "shall be considered" for "are not authorized" after "extension period".

Amended by 56 N.J.R. 486(a) effective 4/1/2024