New_jersey Statute | Act | Code |Title 52 State Government, Departments And Officers| US Code - US Statute

52:27D-29. Director of division on aging; appointment; salary; duties The Division of the Aging shall be under the immediate supervision of a director, who shall be a person qualified by training and experience to direct the work of such division. The director shall be appointed by the commissioner and shall serve at the pleasure of the commissioner and until the director@s successor is appointed and has qualified. He shall receive such salary as shall be provided by law. The director shall administer the work of such division under the direction and supervision of the commissioner, and shall perform such other functions of the department as the commissioner may prescribe. The person in office as Director of the Division on Aging in the Department of State on the effective date of this act shall hold the office of Director of the Division on Aging in the Department of Community Affairs established hereunder for the period of his term as Director of the Division on Aging in the Department of State which remains unexpired on the effective date of this act, and until his successor is appointed and has qualified. L.1966, c. 293, s. 29. Amended by L.1967, c. 42, s. 7, eff. April 28, 1967. 52:27D-29.1. Short title This act shall be known as the ~Senior Citizens Recreational Opportunities Act of 1968.~ L.1968, c. 92, s. 1, eff. June 21, 1968. 52:27D-29.2. Public policy It is hereby declared to be public policy of the State of New Jersey to encourage and support, as hereinafter provided, the promotion, planning, development, implementation and maintenance of adequate recreational programs, on the local level, for those people of the State of New Jersey who are 60 years of age or older. L.1968, c. 92, s. 2, eff. June 21, 1968. 52:27D-29.3. Definitions For the purposes of this act: (a) ~Local governmental unit~ shall mean and include any county or municipality. (b) ~Director~ shall mean the Director of the Division on Aging in the Department of Community Affairs. (c) ~Commissioner~ shall mean the Commissioner of the Department of Community Affairs. L.1968, c. 92, s. 3, eff. June 21, 1968. 52:27D-29.4. Program furnishing recreation for adults 60 years and over; rules and regulations The director shall, after consultation with experts in the area of recreation, develop a comprehensive program for the furnishing of recreation for adults 60 years of age and over, and shall promulgate reasonable rules and regulations for the administration of this program. The director may establish, at his discretion, a requirement specifying the kind and number of professional recreation counsellors he deems necessary for the proper supervision of recreation programs for the elderly in the local governmental units. L.1968, c. 92, s. 4, eff. June 21, 1968. 52:27D-29.5. Furnishing of recreation by local governmental unit Any local governmental unit is hereby authorized to furnish and foster recreational activities for the elderly as set forth in the comprehensive program developed by the director, or to contract therefor with private, nonprofit agencies to provide such services, and to receive and expend moneys from the State, the Federal Government or private individuals, corporations or associations therefor. The furnishing of such recreation is hereby declared to be a proper public purpose for which the moneys of such county or municipality may be raised and expended. L.1968, c. 92, s. 5, eff. June 21, 1968. 52:27D-29.6. Application for approval of plans for recreation project Any local governmental unit desiring to establish a recreation project for the elderly may apply to the director for approval of the project. The application shall be in accordance with the regulations of the director, shall be in writing, and shall specify the nature of the project in such detail as may be required by the director. No application for approval of plans for a recreation project for the elderly shall be considered which has not been first approved by the governing body of the local governmental unit making application. The director may recommend to the commissioner the approval or disapproval of the proposed project, or may recommend to the applicant such modifications as may be desirable, and if his modifications are consented to by the applicant, recommend the approval of the same with such modifications to the commissioner. The approval of any proposed project by the commissioner shall authorize the local governmental unit to receive State aid for such project, as hereinafter set forth; provided, however, any such approval may subsequently be withdrawn or changes may be required with respect to any such previously approved project. L.1968, c. 92, s. 6, eff. June 21, 1968. 52:27D-29.7. State aid; amount Upon recommendation of the director and approval by the commissioner, there shall be apportioned and paid to each local governmental unit operating and maintaining a program approved under the provisions of this act a sum not to exceed 50% of the amount expended by the local governmental unit for such approved program in the preceding fiscal year; provided, however, that the annual amount of State aid payable to any local governmental unit shall not exceed the sum of $1.00 for each 4 persons 60 years of age or older residing in the local governmental unit as shown in the last preceding Federal census. Payments will be made by the State Treasurer upon certificate of the commissioner and warrant of the Director of the Division of Budget and Accounting. L.1968, c. 92, s. 7, eff. June 21, 1968. 52:27D-29.8. Failure to comply with rules and regulations; withholding of state aid The commissioner may authorize or require the State Treasurer to withhold the payment of State aid to any local governmental unit in the event that it alters or discontinues an approved recreation program, or fails to make modifications thereof as required under the provisions of this act, or otherwise fails to comply with the rules and regulations promulgated under this act. L.1968, c. 92, s. 8, eff. June 21, 1968. 52:27D-29.9. Gifts, grants and moneys; acceptance by commissioner The commissioner may accept, as agent of the State of New Jersey, any gift or grant for any of the purposes of this act, and any moneys so received may be expended for any purpose authorized by this act. L.1968, c. 92, s. 9, eff. June 21, 1968. 52:27D-29.10. Purpose; intent It is the purpose of this act to encourage the establishment of pre-retirement education programs to educate pre-retirees on such significant aspects of life after retirement as financial management, employment prospects, transportation means, community involvement, family relations, use of leisure time and the maintenance of mental and physical health and well-being. It is the intent of the Legislature that the systematic dissemination of information on retirement planning shall help to eliminate unnecessary economic, social, and psychological hardship experienced by many of the senior citizens of this State. L.1979, c. 450, s. 1, eff. Feb. 22, 1980. 52:27D-29.11. Demonstration programs; establishment The Commissioner of the Department of Community Affairs through the Division on Aging shall establish a pre-retirement education demonstration program. Such a demonstration program shall be utilized to make available to public and private agencies, institutions and organizations including but not limited to religious, civic or social groups, schools, businesses, industries, labor or trade unions, and governmental agencies, the guidance and assistance that they may require in conducting seminars, workshops or other educational programs for the purpose of providing education and information on retirement planning. Further, the commissioner shall recruit public and private agencies, institutions and organizations to conduct pre-retirement education programs and shall encourage and support these programs by providing information and instruction on the conducting of pre-retirement education programs and the utilization of resource materials and financial assistance. L.1979, c. 450, s. 2, eff. Feb. 22, 1980. 52:27D-29.12. Rules and regulations The commissioner shall promulgate rules and regulations as needed to implement the provisions of this act. L.1979, c. 450, s. 3, eff. Feb. 22, 1980. 52:27D-29.13. Annual report The commissioner shall report to the Legislature each year on the progress and effectiveness of the implementation of the provisions of this act. L.1979, c. 450, s. 4, eff. Feb. 22, 1980. 52:27D-29.14. Legislative findings and declarations The Legislature finds and declares that: there is an urgent need to provide for more quality child care services in New Jersey, particularly in light of recent trends indicating that more single parents are entering the work force; there are many latchkey children and pre-school children in the State who are in need of adequate care and supervision; the lifestyles of older people often result in greatly diminished contact between the elderly and children; older people often lack opportunities for involvement in meaningful community activities, and an Intergenerational Child Care Demonstration Matching Program would bring older people together with children, which will provide for urgently needed nurturing child care services and, at the same time, provide a meaningful way in which the elderly may become involved in their own communities. L. 1985, c. 66, s. 1. 52:27D-29.15. Intergenerational child care demonstration matching program; establishment; purpose The Commissioner of the Department of Community Affairs, in consultation with the Division on Women established pursuant to P.L. 1974, c. 87 (C. 52:27D-43.8 et seq.) and the Advisory Council on Child Care established pursuant to section 14 of P.L. 1983, c. 492 (C. 30:5B-14), shall establish an Intergenerational Child Care Demonstration Matching Program in the Division on Aging established pursuant to section 28 of P.L. 1966, c. 293 (C. 52:27D-28) to enable senior residents of the State, 60 years of age or older, to be recruited and matched by a county office on aging so they may render nurturing child care services to pre-school and latchkey children of working parents after school hours. L. 1985, c. 66, s. 2. 52:27D-29.16. Standards; regulations; proposals for participation by county offices on aging; approval a. The Division on Aging, the Division on Women and the Advisory Council on Child Care shall recommend standards to ensure that the Intergenerational Child Care Demonstration Matching Program is of high quality and benefits both children and older people. Subject to the ~Administrative Procedure Act,~ P.L. 1968, c. 410 (C. 52:14B-1 et seq.), the Commissioner of the Department of Community Affairs shall adopt all regulations necessary to effectuate the purposes of this act. b. Any county office on aging that is interested in participating in the program may submit a proposal to the commissioner. The commissioner shall review the proposals and approve the proposals that best meet the purposes of the demonstration program. L. 1985, c. 66, s. 3. 52:27D-29.17. Definitions As used in this act: a. ~Commissioner~ means the Commissioner of the Department of Community Affairs. b. ~Department~ means the Department of Community Affairs. c. ~Eligible participant~ means a resident of this State who is 60 years of age or older and homebound by reason of illness, incapacitating disability or is otherwise isolated. d. ~Home delivered nutrition services~ means home delivered meals as defined by the ~Older Americans Act of 1965,~ Pub.L. 89-73 (42 U.S.C. s. 3001 et seq.). e. ~Program~ means the Home Delivered Meals Expansion Program in the Division on Aging, in the Department of Community Affairs. L. 1987, c. 133, s. 1. 52:27D-29.18. Home Delivered Meals Expansion Program The commissioner shall establish a Home Delivered Meals Expansion Program in the Division of Aging, in the Department of Community Affairs, to provide home delivered nutrition services to eligible participants on weekends and holidays. L. 1987, c. 133, s. 2. 52:27D-29.19. Guidelines The commissioner shall prepare guidelines under which the county offices on aging, established pursuant to P.L.1970, c. 248 (C. 40:23-6.38 et seq.), shall implement the Home Delivered Meals Expansion Program. The guidelines shall require: a. The county offices on aging to solicit proposals from existing home delivered meals providers interested in participating in the Home Delivered Meals Expansion Program; and b. The county offices on aging to review the proposals and approve and fund, within the limits of moneys allocated to them, proposals which best meet the objectives of the program. L. 1987, c. 133, s. 3. 52:27D-29.20. Confidential donation An eligible participant shall be asked for a confidential donation for services under this program in an amount determined by the commissioner, however, services shall not be denied if a person cannot pay. L. 1987, c. 133, s. 4. 52:27D-29.21. Rules, regulations The commissioner shall adopt the rules and regulations pursuant to the ~Administrative Procedure Act,~ P.L. 1968, c. 410 (C. 52:14B-1 et seq.) necessary to effectuate the purposes of this act. L. 1987, c. 133, s. 5. 52:27D-29.22 Allocation of appropriation a. There is appropriated $1,000,000.00 from the Casino Revenue Fund to the Department of Community Affairs to effectuate the purposes of this act. b. The department shall allocate not less than 95% of the funds appropriated for the purposes of this act to the county offices on aging, and these funds shall be disbursed to the county offices on aging according to the formula used to disburse funds for the home delivered nutrition services provided under Title III of the ~Older Americans Act of 1965,~ Pub.L. 89-73 (42 U.S.C. s. 3001 et seq.). c. The county shall match the State funds allocated to a county office on aging for this program with an amount equal to 20% of the State funds. The county share may be cash or in kind. 52:27D-29.23. Findings, declarations The Legislature finds and declares that: our nation as a whole, and our State in particular, have been experiencing the increase over time of greater numbers of senior citizens in proportion to the total population; our society is just beginning to understand the complex needs and problems related to aging; and at the present time, our State is spending approximately two billion dollars a year of State and federal funds for programs for senior citizens which include, programs administered under the federal ~Older Americans Act of 1965,~ Pub. L. 89-73 (42 U.S.C. s. 3001 et seq.) and Medicare, Pub. L. 89-97 (42 U.S.C. s. 1395 et seq.), the Pharmaceutical Assistance to the Aged and Disabled Program established pursuant to P.L. 1975, c. 194 (C. 30:4D-20 et seq.), the ~Lifeline Credit Program~ established pursuant to P.L. 1979, c. 197 (C. 48:2-29.15 et seq.) and the ~Tenants@ Lifeline Assistance Program~ established pursuant to P.L. 1981, c. 210 (C. 48:2-29.30). The Legislature further finds and declares that: it is extremely important for this State to lend ongoing support and resources to establish a research, teaching and information center for the study of gerontological policies, concerns and programs; this policy center on aging would create a focal point for State support of professional gerontological research in the State; and it is reasonable to assume that one of the many benefits of establishing a policy center on aging would be considerable cost savings to the State as the policy center attracts additional moneys from federal and private sources for gerontological research. L. 1988, c. 139, s. 1. 52:27D-29.24. Policy Center on Aging The Commissioner of the Department of Community Affairs shall establish the New Jersey Policy Center on Aging at Rutgers, The State University. It shall be the duty of the center to: a. Analyze and assist in the development of aging policies for New Jersey; b. Conduct studies of gerontological issues, concerns and programs which impact on the State; c. Act as a focal point for State support of gerontological research in the State; and d. Conduct gerontological research which includes, but is not limited to: (1) Demographic analysis of the effects of the State@s economy on the elderly, the available housing stock and the general population distribution; (2) Analysis of the cost of services, the use of general revenues, casino revenues and federal funding for services and the areas in which service gaps exist; (3) Analysis of the long-term care system in the State, including an examination of alternative methods of care delivery such as health maintenance organizations and social health maintenance organizations; and (4) Analysis of demographic data, service utilization, and other information which will assist the State in defining the needs of its elderly population. L. 1988, c. 139, s. 2. 52:27D-29.25. Policy Center on Aging Advisory Committee There is established a Policy Center on Aging Advisory Committee. The committee shall consist of the Commissioner of the Department of Community Affairs, who shall act as the committee chairperson, the Commissioners of the Departments of Health and Human Services and the Chancellor of Higher Education, or their designees; a representative of the New Jersey State Commission on Aging, section 2 of P.L. 1957, c. 72(C. 26:1A-108) appointed by the commission; four citizen members of whom two shall be appointed by the Governor, one shall be appointed by the President of the Senate and one shall be appointed by the Speaker of the General Assembly; a member of the Senate appointed by the President thereof; and a member of the General Assembly appointed by the Speaker thereof. The committee shall prepare guidelines for the establishment and advise on the operation of the New Jersey Policy Center on Aging. L. 1988, c. 139, s. 3. 52:27D-29.26. Powers The Commissioner of the Department of Community Affairs, on behalf of the center and with the concurrence of Rutgers, The State University, is authorized to: a. Apply for and accept grants of money available for the purposes of this act from the federal government or other sources; and b. Accept gifts, grants and bequests of funds from individuals, foundations, corporations, governmental agencies and other organizations and institutions. L. 1988, c. 139, s. 4. 52:27D-29.27. Funds for research Nothing in this act shall preclude the center, a qualifying research institution or any other research facility in the State from directly applying for, or receiving funds from, any public or private agency to conduct gerontological research. L. 1988, c. 139, s. 5. 52:27D-29.28. Rules, regulations Pursuant to the ~Administrative Procedure Act,~ P.L. 1968, c. 410 (C. 52:14B-1 et seq.), the Commissioner of the Department of Community Affairs, in consultation with the Chancellor of Higher Education and in cooperation with Rutgers, The State University, shall adopt rules and regulations necessary to implement the provisions of this act. L. 1988, c. 139, s. 6. 52:27D-29.29. Report Within 30 days after the effective date of this act, the Commissioner of the Department of Community Affairs shall report in writing to the Senate Revenue, Finance and Appropriations Committee and the General Assembly Appropriations Committee, or their successors, concerning the manner in which the appropriation will be expended, including information on administrative and project costs. Within 30 days after each fiscal year in which the Policy Center on Aging receives State funds, the Commissioner shall report in writing to the Senate Revenue, Finance and Appropriations Committee and the General Assembly Appropriations Committee, or their successors, concerning the manner in which any funds received by the policy center were expended, including information on administrative and project costs. L. 1988, c. 139, s. 7. 52:27D-29.32. Findings, declarations 1. The Legislature finds and declares that: the availability, coverage and purchase of health insurance is complex and can cause serious problems for senior citizens; there are widespread misperceptions and confusion concerning Medicare and private health insurance coverages and emerging insurance products; the Division on Aging in the Department of Community Affairs has conducted a Senior Health Insurance Program which has successfully assisted senior citizens in understanding their insurance coverage and in making informed decisions concerning health insurance; and there is a continuing Statewide need to address health care insurance problems experienced by senior citizens and to provide education concerning insurance coverage for both acute and long-term health care services. L.1993,c.4,s.1. 52:27D-29.33. Definitions. 2. As used in this act: ~County office on aging~ means a county office on aging which is also designated as an area agency on aging for funding under the ~Older Americans Act of 1965,~ Pub.L.89-73 (42 U.S.C. s.3001 et seq.). ~Director~ means the Director of the Division on Aging in the Department of Community Affairs. ~Senior citizen~ means a person 60 years of age or older. L.1993,c.4,s.2. 52:27D-29.34. Senior Health Insurance Counseling Program 3. a. There is established in the Division on Aging in the Department of Community Affairs a Senior Health Insurance Counseling Program to provide health insurance information and assistance by trained volunteer counselors to senior citizens. b. The Director of the Division on Aging shall establish the program in all counties in the State through the county offices on aging or other appropriate agencies designated by the director. L.1993,c.4,s.3. 52:27D-29.35. Findings, declarations 5. The Legislature finds and declares that: New Jersey home health agencies are reporting increased denials of reimbursement for Medicare home-based skilled nursing care by fiscal intermediaries of the federal Health Care Financing Administration; these home health care cutbacks are particularly serious in the context of national efforts to reduce hospital utilization; patients are leaving the hospital earlier and sicker, and need appropriate follow-up care; and the principal source of post-acute home health care for the elderly and disabled should be the Medicare program. The Legislature further finds and declares that: recent reductions in Medicare home health benefits and other Medicare services may have been made through federal directives to fiscal intermediaries without public review and comment; in some cases benefits are denied in violation of federal law and regulations and, therefore, a program of legal assistance to aid New Jersey Medicare beneficiaries in appealing such denials should be established. L.1993,c.4,s.5. 52:27D-29.36. Legal representation program to assist Medicare beneficiaries 6. The Director of the Division on Aging in the Department of Community Affairs shall establish a legal representation program to assist Medicare beneficiaries under Title XVIII of the Social Security Act who are 65 years of age or older, or disabled, in appeals of unfairly denied Medicare coverage. The services provided under this program shall include, but not be limited to, the following: outreach to Medicare beneficiaries, the development and dissemination of educational materials pertaining to the Medicare program and the claims appeal process, the development and dissemination of materials for Medicare beneficiaries to submit their own appeals, and the offer of direct legal representation to appeal unfairly denied coverage under Part A and Part B of the Medicare program. Such legal representation may include, but not be limited to, appeals within the administrative appeals structure and appeals to the United States District Court. L.1993,c.4,s.6. 52:27D-29.37. Guidelines; contracts 7. The director shall establish guidelines for the operation of this program, and may contract with one or more qualified nonprofit organizations to provide the services described herein. L.1993,c.4,s.7. 52:27D-29.38. Rules, regulations 8. Pursuant to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.), the director shall adopt rules and regulations necessary to carry out the purposes of this act. L.1993,c.4,s.8.

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