New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 78 - NJ FAMILYCARE
Subchapter 3 - NONFINANCIAL ELIGIBILITY
Section 10:78-3.3 - State residency
Universal Citation: NJ Admin Code 10:78-3.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) In order to be eligible for the NJ FamilyCare program, an individual shall be a resident of the State of New Jersey. The term "resident" shall be interpreted to mean a person who is living in the State voluntarily and not for a temporary purpose, that is, with no intention of presently removing therefrom.
1. If an individual leaves New Jersey with
the intent to establish permanent residence elsewhere, or for an indefinite
period for purposes other than a temporary visit, he or she ceases to be
eligible to receive NJ FamilyCare from this State.
2. When an individual enters this State in
order to receive medical care and applies for NJ FamilyCare to meet all or a
portion of the costs of such care, the fact that the immediate purpose of the
move was to secure medical care does not, in and of itself, have the effect of
making the person ineligible for the NJ FamilyCare program. It is the
responsibility of the eligibility determination agency to evaluate all such
cases and to make an eligibility determination, considering carefully all the
following criteria:
i. Whether the move is a
temporary one, being solely for the purpose of receiving medical care for a
limited time;
ii. Whether there is
clear expression of intent on the part of the individual to remain permanently
in this State;
iii. Whether there
is objective evidence that the individual has, in fact, abandoned or not
abandoned residence in the State from which he or she came; and
iv. Whether the state in which the individual
previously resided recognizes him or her as having continuing eligibility under
the Medicaid program (or other program providing payment for medical care) of
that jurisdiction.
3.
If, after full consideration of the above factors, the eligibility
determination agency is satisfied that the individual has become a resident of
this State, NJ FamilyCare eligibility may be established.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
