Current through Register Vol. 56, No. 18, September 16, 2024
(a) Individuals
who were enrolled in the New Jersey Health Access program on October 31, 2001,
and who returned a plan selection form by November 13, 2001, shall be eligible
to enroll in the NJ FamilyCare program.
1. An
enrollee who is denied the opportunity to enroll in the New Jersey FamilyCare
program because he or she did not return a plan selection form by November 13,
2001 shall have the right to file a grievance with the Health Access New Jersey
Grievance Board in accordance with (a)2 below, if the grievance is filed with
the Access program within 10 days of receipt of notice of discontinuation of
the Access program mailed November 14, 2001. If the enrollee has not filed a
grievance within 10 days of receipt of the notice mailed on November 14, 2001,
no further opportunity to file a grievance shall be available.
2. If an enrollee has a grievance pertaining
to the subsidy level calculated or involuntary disenrollment in the Access
Program, the enrollee shall submit a description of the grievance to the Access
Program in writing within 10 days of the adverse notification. The Access
Program shall notify the enrollee of its decision on the matter in writing,
specifying the reasons for the decision, within 30 days of receipt of the
complete documentation of the grievance. The Access Program shall retain all
correspondence and documentation relating to the grievance in the enrollee's
file. The Access Program's decision shall be considered the final agency
determination.
(b) An
enrollee shall remain eligible for the NJ FamilyCare program for former Health
Access enrollees if:
1. The enrollee meets
the eligibility limits established by the Division at (b)2 through 5 below, and
the applicant's family gross income meets the income limits established by the
Division, which shall not exceed 250 percent of the Federal poverty income
guidelines revised annually by the United States Department of Health and Human
Services, pursuant to the provisions of
42
U.S.C.§
9902(2),
incorporated herein by reference. (For further information on the poverty
income guidelines, contact the Office of the Assistant Secretary for Planning
and Evaluation, Department of Health and Human Services, Washington, DC 20201;
telephone: 202-690-6141);
2. The
enrollee continues to reside in New Jersey;
i. All enrollees shall be required to submit
a signed affidavit stating their intent to remain in New Jersey; and
ii. Documentation of residency may be
required, if determined necessary by program audit staff;
3. The enrollee is not eligible for
employer-based insurance;
4. The
enrollee is not currently enrolled in any other government program providing
health care benefits; and
5. The
enrollee is not currently covered under an individual standard health benefits
plan or other individual health coverage.
(c) An enrollee's eligibility shall be
redetermined on at least an annual basis, and in each subsequent 12-month
period an enrollee shall submit an attestation of assets in addition to
submitting to a redetermination of eligibility based on gross income, in
accordance with (d) and (e) below.
(d) Determination of income for former Health
Access enrollees shall be as follows:
1.
Gross income for the person to be insured shall include the gross income of all
legally responsible adults in a family, unearned income of minor children, and
with respect to dependents of persons residing in a household separate from the
dependent, that portion of the legally responsible adult's income required to
be available for the care and support of that dependent.
i. A family includes legally married spouses
and their dependent child(ren), and a single person and his or her dependent
child(ren), as child and dependent are defined by the Board in the standard
health benefits plan HMO policy form in Exhibit F of the Appendix to N.J.A.C.
11:20.
ii. A family shall not
include persons residing within the same residence who do not have a legal
relationship or legal dependency obligation for support.
2. Income for purposes of redetermining
eligibility of former Health Access enrollees for NJ FamilyCare shall be
determined as follows:
i. For farm and
non-farm self-employed persons, income shall be calculated using adjusted gross
income reported on the family's Federal income tax form(s) from the prior year
as the baseline and adding back in reported depreciation, carryover loss, and
net operating loss amounts that apply to the business in which the family is
currently engaged. Enrollees shall report the most recent financial situation
of the family if it has changed from the period of time covered by the Federal
income tax form. The report may be in the form of a percentage increase or
decrease.
ii. For wage earners,
income shall be calculated based on gross income reported in the four months
immediately preceding, multiplied by three to reflect a 12-month
period.
iii. For unemployed persons
eligible for a governmental income program, income shall be determined by the
amount of expected payments from the government agency plus any other gross
income.
iv. For other individual
circumstances, income shall be calculated based on a combination and/or
variation of (d)2i, ii and/or iii above, as appropriate.
(e) Proof of income requirements
for former New Jersey Health Access enrollees shall be as follows:
1. The enrollee shall provide acceptable
proof of income that may include any of the following: paycheck stub, W-2 form,
a letter from an employer on company letterhead stating an individual's income,
or a statement of the gross benefit amount from any governmental agency
providing benefit to the individual. These should be submitted in the
combination appropriate for the individual or family. Enrollees shall submit a
signed copy of their most recent Federal income tax form filed, if
any.
2. Additional documentation
may be requested of an individual, on a case-by-case basis, for verifying
eligibility.
3. Changes that could
impact an individual's or family's eligibility shall be reported immediately.
As soon as identified, enrollees shall report, at a minimum, changes in the
following:
i. Income;
ii. Employment status;
iii. Family composition (birth, death,
marriage, divorce);
iv. Address;
and
v. Availability of other health
coverage.
4. Failure to
provide factual information may result in immediate disenrollment and may
result in the imposition of payback provisions available under the
law.
(f) A beneficiary
who was transferred to NJ FamilyCare from the NJ Health Access program shall be
eligible to receive the service package appropriate for that beneficiary, based
on all relevant eligibility factors other than financial eligibility
factors.