New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 79 - NJ FAMILYCARE-CHILDREN'S PROGRAM
Subchapter 8 - PRESUMPTIVE ELIGIBILITY FOR NJ FAMILYCARE-CHILDREN'S PROGRAM
Section 10:79-8.8 - Notification and fair hearing rights
Universal Citation: NJ Admin Code 10:79-8.8
Current through Register Vol. 56, No. 18, September 16, 2024
(a) For a presumptively eligible child who is subsequently determined ineligible for NJ FamilyCare-Children's Program benefits:
1.
The eligibility determination agency shall not be required to provide either
timely or adequate notice for the end of the presumptive eligibility. The
presumptively eligible beneficiary shall not have any right to a fair hearing
based on the termination of presumptive eligibility; and
2. The eligibility determination agency shall
provide the child (if appropriate), child's parent, guardian, caretaker or
authorized agent a notice of denial of the child's NJ FamilyCare-Children's
Program application in accordance with N.J.A.C. 10:79-6. The applicant's rights
to a fair hearing or a grievance hearing are also outlined in N.J.A.C.
10:79-6.
(b) A child denied presumptive eligibility by a qualified presumptive eligibility determination entity shall not be entitled to adequate notice of that determination and shall not be entitled to a fair hearing on that action. The denial of presumptive eligibility shall not affect the child's (if appropriate), parent's, guardian's, caretaker adult's, or authorized agent's right to apply for NJ FamilyCare-Children's Program and receive a formal determination of eligibility or ineligibility.
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