New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 79 - NJ FAMILYCARE-CHILDREN'S PROGRAM
Subchapter 3 - NONFINANCIAL ELIGIBILITY FACTORS
Section 10:79-3.3 - State residency
Universal Citation: NJ Admin Code 10:79-3.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) In order to be eligible for the NJ FamilyCare-Children's Program, the applicant/child must be a resident of the State of New Jersey. The term "resident" shall be interpreted to mean an applicant who is living in the State voluntarily and not for a temporary purpose, that is, with no intention of presently removing therefrom.
1. If the caretaker adult leaves New Jersey
with the child or the applicant with the intent to establish permanent
residence elsewhere, or for an indefinite period for purposes other than a
temporary visit, the child or applicant ceases to be eligible to receive NJ
FamilyCare-Children's Program from this State.
2. When the authorized agent of a child or
the applicant enters the State in order to receive medical care and applies for
NJ FamilyCare-Children's Program 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 child/applicant
ineligible for the NJ FamilyCare-Children's 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 authorized agent or applicant to remain permanently
in this State;
iii. Whether there
is objective evidence that the authorized agent or applicant child 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 authorized agent or applicant previously resided recognizes him or
her as having continuing eligibility under the state's Medicaid or Title XXI
children's health assistance program, or other program providing payment for
medical care, of that jurisdiction.
3. If, after full consideration of the
factors in this subsection, the eligibility determination agency is satisfied
that the authorized agent or applicant child has become a resident of this
State, NJ FamilyCare-Children's Program eligibility may be established as long
as all other eligibility criteria are met.
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