N.J. Stat. tit. 38A, ch. 23

N.J. Stat. tit. 38A, ch. 23
in effect

N.J. Stat. § 38A:23-1 Establishment of standards, procedures, Department of Veterans Affairs, definitions.

38A:23-1. a. As used in this section and N.J.S.38A:23-2 through 38A:23-14, inclusive: "Advisory council" means the advisory council of a veterans' facility. "Member" means a person admitted to and receiving care in a veterans' facility. "Veteran" means a person who has been honorably discharged from the active military service of the United States. "Veterans' facility" means any home, institution, hospital, or part thereof, the admission to which is under the jurisdiction of the United States Department of Veterans Affairs. b. Subject to the provisions of this section, the Commissioner of the Department of Veterans Affairs shall be authorized, directed, and empowered to take such actions, and to issue such reasonable rules and regulations, as may be necessary for carrying out the purposes of N.J.S.38A:23-2 through 38A:23-14, inclusive, including specifically to: (1) provide standards and procedures for the application and determination of eligibility for admission to veterans' facilities; (2) establish standards and methods for designating the veterans' facility in which an eligible person shall receive care and treatment consistent with available services and individual needs and circumstances; (3) establish standards of care, treatment, and discipline governing the relationships between the veterans' facilities and persons admitted thereto consistent with and subject to State and federal rules, regulations, and standards of care; (4) establish standards and procedures for the determination and payment of such amounts, if any, which members shall be required to contribute toward the cost of care and treatment in accordance with their financial ability, basing such determination upon a formula of financial ability to pay promulgated annually, provided, however, that the amount so determined shall first be approved by the Director of the Division of Budget and Accounting in the Department of the Treasury; and (5) negotiate and enter into agreements or contracts with the Veterans Administration or any other appropriate State or federal agency and to organize the work of the veterans' facilities, giving due regard to the opinion of the advisory councils, in any manner consistent with law to comply with the reasonable requirements of such State and federal agencies in order to secure the maximum financial assistance and services for carrying out the purposes of N.J.S.38A:23-2 through 38A:23-14, inclusive. L.2025, c.139, s.23.

N.J. Stat. § 38A:23-2 Application for admission to veterans' facility.

38A:23-2. All applications for admission to a veterans' facility shall be made to, and in the manner and form prescribed by, the commissioner. The applicant shall provide a statement that the applicant will accept placement in the facility designated by the commissioner and will abide by the rules, regulations, and discipline of the facility to which the applicant is admitted. L.2025, c.139, s.24.

N.J. Stat. § 38A:23-3 Persons without sufficient financial ability for care, support, requirements, admission to veterans' facility.

38A:23-3. The following persons, if they are without sufficient financial ability to provide for their support and necessary care in the community, may be admitted to a veterans' facility: a. A disabled veteran who has been a resident of New Jersey for at least two years prior to the date of application; b. The spouse of any person who has been admitted to a veterans' facility, provided that the spouse is not less than 50 years of age and has been married to such person for a period of not less than 10 years; c. The surviving spouse of a person who died an honorable death while in the active military service of the United States, or who was a disabled veteran at the time of death, provided that the surviving spouse was the person's spouse at the time of the person's service or was married to the person not less than 10 years prior to the date of application and has not married since the person's death and provided that the surviving spouse has been a resident of New Jersey for at least two years prior to the date of application; and d. The parent of a person who was a resident of New Jersey at the time of entry into, and who died an honorable death in time of war or emergency while in, the active military service of the United States, provided that the parent has been a resident of New Jersey for at least two years prior to the date of application. This section shall not be construed to prevent a veteran who actually served in a New Jersey military organization, and who is qualified for admission except for the required period of State residence, from being admitted to a veterans' facility, but preference shall be given to persons who have been residents of the State for a period of at least two years prior to application. L.2025, c.139, s.25.

N.J. Stat. § 38A:23-4 Temporary admission, veteran's facility.

38A:23-4. Any disabled veteran who is in distress may be admitted to a veterans' facility for a temporary period in accordance with the rules and regulations promulgated by the commissioner. L.2025, c.139, s.26.

N.J. Stat. § 38A:23-5 Entitlement to benefits, veterans' facility.

38A:23-5. A person admitted to a veterans' facility shall be entitled to all of its benefits and be furnished with the clothing, subsistence, medical and surgical attendance necessary to promote the person’s health and welfare in accordance with the rules and regulations of the commissioner. L.2025, c.139, s.27.

N.J. Stat. § 38A:23-6 Removal from veterans' facility.

38A:23-6. Any person may be removed from a veterans' facility on being restored the ability to promote the person’s own support and welfare in the community, for immorality, for fraud or willful misrepresentation, or for refusal to abide by the rules, regulations, and discipline of the veterans' facility. L.2025, c.139, s.28.

N.J. Stat. § 38A:23-7 Designated treatment unit for veterans, State hospitals.

38A:23-7. The commissioner may from time to time request that the commissioner of the department overseeing psychiatric hospitals designate any State hospital for the care of the mentally ill, or a part thereof, as a treatment unit for veterans who require such care and who are eligible for admission to a veterans' facility. Upon making such designation, the commissioner of the appropriate department shall cause to be filed with the Commissioner of the Department of Veterans Affairs and the Secretary of State a certificate setting forth the fact thereof, a description of the precise treatment unit so designated, and its location. L.2025, c.139, s.29.

N.J. Stat. § 38A:23-8 Requirements, admission of veteran to treatment unit.

38A:23-8. Admission of a veteran to a treatment unit as designated pursuant to N.J.S.38A:23-7 shall require: a. a determination by the appropriate department that such veteran is mentally ill in accordance with the appropriate provisions of Title 30 of the Revised Statutes; and b. a determination by the Commissioner of the Department of Veterans Affairs that such veteran is eligible for admission to a veterans' facility. A veteran may be admitted to such treatment unit upon voluntary application, commitment, or transfer. L.2025, c.139, s.30.

N.J. Stat. § 38A:23-9 Department of Veterans Affairs commissioner authorized to receive federal funds, payments from members, family and friends, cost of care.

38A:23-9. The commissioner shall be authorized and empowered to accept and receive funds from the United States government or any agency thereof and to accept and receive payments from all members and their family, relatives, and friends towards the cost of care and treatment as provided in the rules and regulations pertaining thereto. L.2025, c.139, s.31.

N.J. Stat. § 38A:23-10 Prohibition against closure, privatization of existing facility, exemptions, circumstances.

38A:23-10. a. Except in the case of an emergency condition, the commissioner shall not implement a decision to close an existing veterans' facility or to privatize any services, functions, or units of an existing facility if the commissioner finds that the decision shall result in the abolition of 100 or more non-vacant, full-time positions in the career service at the existing facility or facilities affected by the decision, unless the commissioner has complied with the procedures set forth in this section. b. The commissioner shall conduct at least one public hearing, which shall be held in the region in which the facility is located, or a central location designated by the commissioner if more than one facility is affected by the decision, to provide an opportunity for the public to submit testimony on the proposed closing or privatization. The hearing shall be conducted at least 45 days in advance of a facility closure or at least 30 days prior to the issuance of a Request for Proposal. For a facility closure, the public hearing shall be held within 15 days of publication of a Notice of Intent to close a facility by the commissioner. The commissioner shall select a publicly convenient location for the hearing and shall give all persons the opportunity to testify in person or to submit written testimony. c. The Notice of Intent to close a facility shall be mailed, telephoned, telegrammed, or hand delivered to at least two newspapers for publication, at least one of which shall be within the geographic boundaries of the county where the facility is located. Failure to comply with the requirements of this subsection shall not invalidate or delay any facility closure. d. The commissioner shall prepare a report setting forth a fiscal impact analysis, policy rationale, and summary of the testimony received at any hearing held pursuant to this section. This report shall be submitted to the chairman of the Joint Budget Oversight Committee within five days of the issuance of a Notice of Intent to Award or within 30 days following the last scheduled public hearing for a facility closure. L.2025, c.139, s.32.

N.J. Stat. § 38A:23-11 Follow-up studies, former residents of State veterans' memorial homes, report to Governor, Legislature.

38A:23-11. The commissioner shall conduct, or contract with another entity to conduct, a series of follow-up studies to assess the well-being of all former residents of State veterans' memorial homes who have made a transition into the community after the effective date of this act, N.J.S.38A:21-1 et al., as a result of implementation of a plan to close a State veterans' memorial home and also an assessment of the well-being of all former residents for each of the five years after the closure. The commissioner shall compile the results of the follow-up studies conducted pursuant to this section and shall include this information in a series of reports that the commissioner shall submit to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report of a follow-up study on the well-being of all former residents of State veterans' memorial homes, who have made a transition into the community after the effective date of this act as a result of the implementation of a plan to close a State veterans' memorial home, shall be submitted one year after the beginning of implementation of the plan, and annually thereafter, until the veterans' memorial home has closed. In addition, for each of the five years after the closure of a home, a report of a follow-up study on the well-being of all former residents of the home shall be submitted. Reports submitted pursuant to this section shall be made publicly available on the website of the Department of Veterans Affairs. L.2025, c.139, s.33.

N.J. Stat. § 38A:23-12 Department of Veterans Affairs advisory councils.

38A:23-12. There are established in the Department of Veterans Affairs four advisory councils known as: a. The New Jersey Veterans' Memorial Home Advisory Council-Menlo Park; b. The New Jersey Veterans' Memorial Home Advisory Council-Vineland; c. The New Jersey Veterans' Memorial Home Advisory Council-Paramus; and d. The New Jersey Veterans' Memorial Cemetery Advisory Council-Arneytown. Each advisory council shall consist of seven members, at least five of whom are veterans, to be appointed by the commissioner. The term of each council member, except for the initial members, shall be three years commencing on July 1 and ending on June 30 of the third year thereafter, and any vacancy shall be filled for the unexpired term only. The members of the advisory council shall receive no compensation for their services but shall be reimbursed for actual expenditures incurred in the performance of their duty. The members are subject to removal by the commissioner at any time for good and sufficient cause. L.2025, c.139, s.34.

N.J. Stat. § 38A:23-13 Duties of advisory councils, Department of Veterans Affairs.

38A:23-13. Subject to the provisions of this act, N.J.S.38A:21-1 et al., and under general policies established by the commissioner, the advisory councils of the veterans' facilities shall: a. recommend standards and procedures for application and termination of eligibility for admission to veterans' facilities; b. recommend standards and methods for designating the veterans' facility in which an eligible person shall receive care and treatment consistent with available services and individual needs and circumstances; c. recommend standards of care, treatment, and discipline governing the relationships between the veterans' facilities and persons admitted thereto; and d. recommend standards and procedures for the determination and payment of amounts which members may be required to contribute toward the cost of care and treatment in accordance with their financial ability. L.2025, c.139, s.35.

N.J. Stat. § 38A:23-14 Unclaimed moneys, effects deposited by member, trust, veterans' facility.

38A:23-14. Moneys, choses in action, and effects deposited by a member in trust with the veterans' facility and unclaimed at the death of the member, dying intestate, shall be deemed to be the property of the veterans' facility. Such property shall be held in trust for three years following the death of the depositor, with power to invest the funds and to use the income for the benefit of the members as the advisory council of the veterans' facility and the commissioner deem most advisable. Upon claim made within three years following the death of the depositor and sustained by legal proof, the sufficiency of which shall be determined by the advisory council of the veterans' facility and the commissioner, such property shall be paid over to the claimant entitled thereto upon acknowledging, executing, and delivering a proper release and discharge. Such property remaining unclaimed three years after the death of its depositor shall be deemed to be the property of, and subject to the absolute control and disposal of, the veterans' facility, to be used for such purposes as the advisory council of the veterans' facility and the commissioner may deem most advisable. L.2025, c.139, s.36.

N.J. Stat. § 38A:23-15 New Jersey Veterans' Memorial Cemetery Advisory Council-Arneytown, duties.

38A:23-15. Subject to the provisions of this act, N.J.S.38A:21-1 et al., and under general policies established by the commissioner, the New Jersey Veterans' Memorial Cemetery Advisory Council-Arneytown shall: a. recommend standards and procedures for application and determination of eligibility for interment in the veterans' cemetery; and b. advise the commissioner regarding operating policies and procedures as they apply to veterans' family members, funeral directors, and the relationship of the veterans' cemetery with the other veterans' facilities. L.2025, c.139, s.37.

N.J. Stat. § 38A:23-16 Reference to Adjutant General deemed reference to Commissioner, Department of Veterans Affairs, Military Affairs, veterans' memorial homes.

38A:23-16. In conjunction with the New Jersey Veterans' Memorial Home Advisory Council-Menlo Park, the New Jersey Veterans' Memorial Home Advisory Council-Vineland, the New Jersey Veterans' Memorial Home Advisory Council-Paramus, and the New Jersey Veterans' Memorial Cemetery Advisory Council-Arneytown, any reference in any law, contract, or document to the Adjutant General of the Department of Military and Veterans' Affairs or the department shall be deemed to mean and refer to the Commissioner of the Department of Veterans Affairs or the Department of Veterans Affairs. L.2025, c.139, s.38.

N.J. Stat. § 38A:23-17 Department of Veterans Affairs, program, memorial home, guardian of veteran, assistance.

38A:23-17. There is established by the department a program to assist an eligible family member of a veteran who is already in a New Jersey veterans' memorial home, or an eligible family member of a veteran who is about to enter such a home, in being appointed as guardian of the veteran. In the event that a family member of a veteran who is already in a New Jersey veterans' memorial home, or is about to enter such a home, is not willing or available to serve as guardian of that veteran, some other interested person closely associated with the veteran shall be eligible for assistance in being appointed as guardian under the program herein established. The assistance provided to a family member of a veteran or to some other interested and eligible person associated with a veteran shall be in the form of both technical and financial support. The commissioner shall develop economic criteria for determining eligibility for financial assistance pursuant to the program established by this section. L.2025, c.139, s.39.

N.J. Stat. § 38A:23-18 Quarterly town hall meetings, veterans' memorial home.

38A:23-18. The department shall ensure that each veterans' memorial home shall hold quarterly town hall meetings with all veterans' guardians appointed pursuant to N.J.S.38A:23-17 and persons otherwise having the veteran's power of attorney. The meetings may take place in person or remotely using the Internet or other electronic means. Whenever a public health emergency is declared by the Governor pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), each veteran's guardian appointed pursuant to N.J.S.38A:23-17, or each person otherwise having the veteran's power of attorney, shall be allowed to remove the veteran from the veterans' memorial home pursuant to procedures established under Department of Veterans Affairs rules and regulations, except the department shall allow for an initial extension of up to 30 days and one additional extension of up to 30 days. The resident veteran shall be required to continue to pay the care and maintenance fee while on temporary furlough to hold a bed. Regular operating procedures shall resume at the conclusion of the public health emergency. The department shall ensure that each veterans' memorial home shall communicate updates to each veteran's guardian appointed pursuant to N.J.S.38A:23-17, and each person otherwise having the veteran's power of attorney, through a minimum of two communication means, which shall include regular mail, email, text message, and voice. L.2025, c.139, s.40.

N.J. Stat. § 38A:23-19 Weekly report, status of State veterans' memorial homes, public health emergency.

38A:23-19. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, the Commissioner of the Department of Veterans Affairs shall transmit a weekly report on the status of the State veterans' memorial homes to the Commissioner of the Department of Health whenever a public health emergency, pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), has been declared by the Governor and is in effect. The weekly report shall include: (1) the number of residents and staff in each veterans' home, including comparisons to previous reports; (2) any significant health risks posed to the residents and staff in each veterans' home due to the public health emergency; (3) any changes in operating procedures in each veterans' home due to the public health emergency; and (4) the amount of personal protective equipment available to residents and staff at each veterans' home. b. As used in this section: (1) "veterans' home" means the New Jersey Veterans' Memorial Home-Menlo Park, the New Jersey Veterans' Memorial Home-Vineland, and the New Jersey Veterans' Memorial Home-Paramus. (2) "personal protective equipment" means any items commonly used to protect an individual from bacterial or viral infections, including, but not limited to, disinfecting wipes, disposable gloves, disposable gowns, face shields, N95 face masks, surgical masks, or parts thereof. L.2025, c.139, s.41.

N.J. Stat. § 38A:23-20 Resident advocate, State veterans' memorial homes.

38A:23-20. a. The Department of Veterans Affairs shall establish a position to be known as a resident advocate at each State veterans' memorial home. The resident advocate shall have a direct reporting relationship to the director of the division that oversees the veterans’ memorial homes. b. The resident advocate shall: (1) act as a liaison between the State veterans' memorial home and each of the residents at the State veterans' memorial home; (2) receive complaints from residents at the State veterans’ memorial home; and (3) respond to any concerns or grievances from the residents at the State veterans' memorial home and, if appropriate, submit concerns or grievances to the State Long-Term Care Ombudsman. c. A resident advocate who receives an oral or written complaint from a resident at a State veterans' memorial home shall log the complaint from the resident on a written or electronic form. The division that oversees the veterans’ memorial homes shall develop, publish, and distribute the written and electronic form to be used by the resident advocate. At a minimum, the written and electronic form shall contain spaces for: (1) the name of the resident submitting the complaint; (2) the nature of the complaint; (3) whether the complaint is an emergency that requires an immediate response, a critical situation that requires a reasonably prompt response, or a noncritical situation that requires an appropriately timely response; and (4) a plan of action for the complaint and an estimated time frame within which the action will be taken. d. A resident advocate who fills out a form under subsection c. of this section shall provide one copy of the form to the resident submitting the complaint and one copy to the administrator of the State veterans' memorial home. The resident advocate shall also retain the advocate's copy for not less than one year after the complaint is resolved. e. A State veterans' memorial home shall make every reasonable effort to make the resident advocate at that memorial home easily identifiable by posting the name and work hours of the resident advocate and shall make every reasonable effort to assure that the plan of action prepared by the resident advocate pursuant paragraph (4) of subsection c. of this section is carried out within the time frame set forth in the plan of action. L.2025, c.139, s.42.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

Starting a business in New Jersey? New Jersey LLC guide: costs and requirements