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N.J.A.C. 10:70-3.2 This file includes all Regulations adopted and published through the New Jersey Register, Vol. 57 No. 12, June 16, 2025 NJ - New Jersey Administrative Code > TITLE 10. HUMAN SERVICES > CHAPTER 70. MEDICALLY NEEDY PROGRAM > SUBCHAPTER 3. NONFINANCIAL ELIGIBILITY FACTORS § 10:70-3.2 Citizenship and alien status (a) In order to be eligible for the Medically Needy program, an individual must be a citizen of the United States, an alien who has been lawfully admitted for permanent residence for the five years prior to the application or an alien who can be classified as an eligible alien in accordance with this subchapter. 1. The term "citizen of the United States" includes person born in Puerto Rico, Guam, the Virgin Islands, Swains Island, American Samoa, and the Northern Mariana Islands. 2. An individual who cannot be classified as an eligible alien in accordance with this subchapter due to changes mandated by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) but who was residing in a Medicaid-certified nursing facility prior to January 29, 1997, shall continue to be eligible for medical assistance until the individual is no longer eligible for long-term care services. (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 Medically Needy 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 or 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 in the United States Armed Forces and his or her spouse and the unmarried dependent children of the alien or spouse; and