Current through Register Vol. 56, No. 18, September 16, 2024
(a) In order to be eligible for the NJ
FamilyCare-Children's Program, an individual must be a citizen of the United
States, or an eligible alien in accordance with this chapter.
1. The term "citizen of the United States"
includes persons born in Puerto Rico, Guam, the Virgin Islands, Swain's Island,
American Samoa, and the Northern Mariana Islands.
(b) The following aliens, if present in the
United States prior to August 22, 1996, and if otherwise meeting the
eligibility criteria, are entitled to full NJ FamilyCare-Children's Program
benefits:
1. An alien lawfully admitted for
permanent residence;
2. A refugee
admitted pursuant to section 207 of the Immigration and Nationality
Act;
3. An asylee admitted pursuant
to section 208 of the Immigration and Nationality Act;
4. An alien whose deportation has been
withheld pursuant to section 243(h) of the Immigration and Nationality
Act;
5. An alien who has been
granted parole for at least one year by the Immigration and Naturalization
Service pursuant to section 212(d)(5) of the Immigration and Nationality
Act;
6. An alien who has been
granted conditional entry pursuant to section 203(a)(7) of the immigration law
in effect prior to April 1, 1980;
7. An alien who is granted status as a Cuban
and Haitian entrant as defined in section 501(e) of the Refugee Education
Assistance Act of 1980;
8. An
American Indian born in Canada to whom the provisions of section 289 of the
Immigration and Nationality Act apply;
9. A member of an Indian tribe as defined in
section 4(e) of the Indian Self-Determination and Education Assistance
Act;
10. An alien who is admitted
to the United States as an Amerasian immigrant pursuant to section 584 of the
Foreign Operations, Export Financing, and Related Programs Appropriations Act
of 1988;
11. An alien who is
honorably discharged or who is on active duty in the United States Armed Forces
and his or her spouse and the unmarried dependent children of the alien or
spouse; and
12. Certain legal
aliens who are victims of domestic violence and when there is a substantial
connection between the battery or cruelty suffered by an alien and his or her
need for NJ FamilyCare-Children's Program benefits, subject to certain
conditions described below:
i. The alien has
been battered or subjected to extreme cruelty in the United States by a spouse
or a parent.
ii. The alien has been
battered or subjected to extreme cruelty in the United States by a member of
the spouse's or parent's family residing in the same household of the alien and
the spouse or parent acquiesced to such battery or cruelty.
iii. The alien's child has been battered or
subjected to extreme cruelty in the United States by the spouse or the parent
of the alien, without the active participation of the alien in the battery or
cruelty.
iv. The alien's child has
been battered or subjected to extreme cruelty in the United States by a member
of the spouse's or parent's family residing in the same household as the alien
and the spouse or parent acquiesced to and the alien did not actively take part
in such battery or cruelty.
v. In
addition to the conditions described above, if the individual responsible for
the battery or cruelty continues to reside in the same household as the
individual who was subjected to such battery or cruelty, then the alien shall
be ineligible for NJ FamilyCare-Children's Program benefits.
vi. The eligibility determination agency
shall apply the definitions "battery" and "extreme cruelty" and the standards
for determining whether a substantial connection exists between the battery or
cruelty and the need for NJ FamilyCare-Children's Program as issued by the
Attorney General of the United States under his or her sole and unreviewable
discretion.
(c) The following aliens entering the United
States on or after August 22, 1996, and if otherwise meeting the eligibility
criteria, are entitled to NJ FamilyCare-Children's Program benefits:
1. An alien lawfully admitted for permanent
residence, but only after having been present in the United States for five
years.
i. An alien lawfully admitted for
permanent residence who has not been in the U.S. for five years may be eligible
under the Restricted Alien Program for enrollment into NJ FamilyCare-Children's
Program-Plans A, B, C or D, as indicated by meeting other eligibility
criteria;
2. A refugee
admitted pursuant to section 207 of the Immigration and Nationality
Act;
3. An asylee admitted pursuant
to section 208 of the Immigration and Nationality Act;
4. An alien whose deportation has been
withheld pursuant to section 243(h) of the Immigration and Nationality
Act;
5. An alien who has been
granted parole for at least one year by the Immigration and Naturalization
Service pursuant to section 212(d)(5) of the Immigration and Nationality Act
but only after the alien has been present in the United States for five
years;
6. An alien who has been
granted conditional entry pursuant to section 203(a)(7) of the immigration law
in effect prior to April 1, 1980 but only after the alien has been present in
the United States for five years;
7. An alien who is granted status as a Cuban
and Haitian entrant pursuant to section 501(e) of the Refugee Education
Assistance Act of 1980;
8. An
American Indian born in Canada to whom the provisions of section 289 of the
Immigration and Nationality Act apply;
9. A member of an Indian tribe as defined in
section 4(e) of the Indian Self-Determination and Education Assistance
Act;
10. An alien who is admitted
to the United States as an Amerasian immigrant pursuant to section 584 of the
Foreign Operations, Export Financing, and Related Programs Appropriations Act
of 1988;
11. An alien who is
honorably discharged or who is on active duty with the United States Armed
Forces and his or her spouse and the unmarried dependent children of the alien
or spouse; and
12. Certain aliens
who are victims of domestic violence as specified in (b)12 above, but only
after the alien has been present in the United States for five years.
(e) Any alien who is not an eligible alien as
specified in (b) and (c) above, is ineligible for NJ FamilyCare-Children's
Program benefits. However, any such alien may, if a resident of New Jersey and
if he or she meets all other NJ FamilyCare-Children's Program-Plan A
eligibility requirements, be entitled to coverage for the treatment of an
emergency medical condition only under the Medical Emergency Payment Program
for Aliens.
(f) Persons claiming to
be naturalized citizens and eligible aliens must provide the eligibility
determination agency with documentation of citizenship or alien
status.
(g) As a condition of
eligibility, all applicants for NJ FamilyCare-Children's Program, except for
those applying solely for services related to the treatment of an emergency
medical condition, shall declare whether or not they are a citizen of the
United States or an alien in a satisfactory immigration status. In the case of
a child or incompetent applicant, another individual on the applicant's behalf
shall declare whether or not they are citizens of the United States or an alien
in a satisfactory immigration status.
1. The
following are acceptable documentation of United States citizenship:
i. Birth certificate;
ii. Religious record of birth recorded in the
United States or its territories within three months of birth. The document
must show either the date of birth or the individual's age at the time the
record was created;
iii. United
States passport (not including limited passports which are issued for periods
of less than five years);
iv.
Report of Birth Abroad of a Citizen of the U.S. (Form FS-240);
v. U.S. Citizen I.D. Card (INS Form-197),
Naturalization Certificate (INS Forms N-550 or N-570);
vi. Certificate of Citizenship (INS Forms
N-560 or N-561);
vii. Northern
Mariana Identification card (issued by the INS to a collectively naturalized
citizen of the United States who was born in the United States before November
3, 1986);
viii. American Indian
Card with a classification code "KIC" (issued by the INS to identify U.S.
citizen members of the Texas Band of Kickapoos); or,
ix. Contemporaneous hospital record of birth
in one of the 50 states, the District of Columbia, Puerto Rico (on or after
January 13, 1941), Guam (on or after April 10, 1899), the U.S. Virgin Islands
(on or after January 17, 1917), American Samoa, Swain's Island, or the Northern
Mariana Islands (unless the person was born to foreign diplomats residing in
any of these jurisdictions).
2. The following sets forth acceptable
documentation for eligible aliens:
i. If an
applicant presents an expired INS document or is unable to present any document
demonstrating his or her immigration status, the eligibility determination
agency shall refer the applicant to the local INS district office to obtain
evidence of status. If, however, the applicant provides an alien registration
number, but no documentation, the eligibility determination agency shall file
INS Form G-845 along with the alien registration number with the local INS
district office to verify status.
ii. Lawful Permanent Resident--INS Form
I-551, or for recent arrivals, a temporary I-551 stamp in a foreign passport or
on Form I-94.
iii. Refugees INS
Form I-94 annotated with stamp showing entry as refugee under section 207 of
the Immigration and Nationalization Act and date of entry into the United
States; INS Forms I-688B annotated "274a. 12(a)(3)," I-766 annotated "A3," or
I-571. Refugees usually adjust to Lawful Permanent Resident status after 12
months in the United States, but for purposes of determining NJ
FamilyCare-Children's Program eligibility they are considered refugees.
Refugees whose status has been adjusted will have INS Form I-551 annotated
"RE-6," "RE-7," "RE-8" or "RE-9."
iv. Asylees--INS Form I-94 annotated with a
stamp showing grant of asylum under section 208 of the Immigration and
Nationality Act, a grant letter from the Asylum Office of the Immigration and
Naturalization Service, Forms 688B annotated "274a. 12(a)(5)" or I-766
annotated "A5."
v. Deportation
Withheld--Order of an Immigration Judge showing deportation withheld under
section 243(h) of the Immigration and Nationality Act and the date of the
grant, or INS Forms I-688B annotated "274a. 12(a)(10)" or I-766 annotated
"A10."
vi. Parole for at Least a
Year--INS Form I-94 annotated with stamp showing grant of parole under section
212(d)(5) of the Immigration and Nationality Act and a date showing granting of
parole for at least a year.
vii.
Conditional Entry under Law in Effect before April 1, 1980--INS Form I-94 with
stamp showing admission under section 203(a)(7) of the Immigration and
Nationality Act, refugee-conditional entry, or INS Forms I-688B annotated
"274a. 12(a)(3)" or I-766 annotated "A3."
viii. Cuban Haitian Entrant--INS Form I-94
stamped "Cuban/Haitian Entrant under section 212(d)(5) of the INA."
ix. An American Indian born in Canada--INS
Form I-551 with code S13 or an unexpired temporary I-551 stamp (with code S13)
in a Canadian passport or on Form I-94.
x. A member of certain Federally-recognized
Indian tribes--Membership card or other tribal document showing membership in
tribe.
xi. Amerasian Immigrant INS
Form I-551 with the code AM1, AM2, or AM3 or passport stamped with an unexpired
temporary I-551 showing a code AM6, AM7 or AM8.
3. For aliens subject to the five-year
waiting period before eligibility for NJ FamilyCare-Children's Program can be
established, the date of entry into the United States shall be determined as
follows:
i. On INS Form I-94, the date of
admission should be found on the refugee stamp. If missing, the eligibility
determination agency should contact the INS local district office by filing
Form G-845, attaching a copy of the document.
ii. If the alien presents INS Forms I-688B
(Employment Authorization Document), I-766, or I-571 (Refugee Travel Document),
the eligibility determination agency shall ask the alien to present Form I-94.
If that form is not available, the eligibility determination agency shall
contact the INS via the submission of Form G-845, attaching a copy of the
documentation presented.
iii. If
the alien presents a grant letter or court order, the date of entry shall be
derived from the date of the letter or court order. If missing, the eligibility
determination agency shall contact the INS by submitting a Form G-845,
attaching a copy of the document presented.
4. For aliens who present themselves as on
active duty or honorably discharged from the United States Armed Forces, the
following serve as documentation:
i. For
discharge status, an original, or notarized copy of the veteran's discharge
papers issued by the branch of service in which the applicant was a
member;
ii. For active duty
military status, an original, or notarized copy, of the applicant's current
orders showing the individual is on full-time duty with the U.S. Army, Navy,
Air Force, Marine Corps, or Coast Guard (full time National Guard duty does not
qualify), or a military identification card (DD Form 2 (active));
iii. A self-declaration under penalty of
perjury may be accepted pending receipt of acceptable documentation.
5. For children eligible for NJ
FamilyCare-Children's Program-Plans B, C or D, the five-year waiting period
shall not apply.