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Page 2 of 3 § 10:70-1.1 Program scope See: 28 N.J.R. 1463(a), 28 N.J.R. 3001(a). Amended by R.2006 d.364, effective October 16, 2006. See: 38 N.J.R. 2368(a), 38 N.J.R. 4480(c). In (c), substituted "N.J.A.C. 10:70-" for "subchapter" and updated N.J.A.C. reference at end. Annotations Notes Chapter Notes Case Notes Lawyers who were conservators for an elderly man who was applying for Medicaid nursing home disabled benefits were acting in good faith to transmit all required documentation to a county social services board and their conduct also reflected cooperation and proactive efforts to comply with the board's requests. Those efforts constituted "exceptional circumstances" within the meaning of Medicaid Communication 10-09 and justified an order reversing the benefit denial and requiring a review of the application. H.P. v. Ocean Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 01118-18, 2018 N.J. AGEN LEXIS 271, Initial Decision (May 11, 2018). Per N.J.A.C. 10:70-5.3, where a case involving an application for Medicaid implicates SSI per N.J.A.C. 10:70-1.1, the resource provisions of the Medicaid Only Program, N.J.A.C. 10:71-1.1 to 10:71-9.5, apply in determining countable resources and resource eligibility for the Medically Needy Program. H.M. v. Union Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 10869-14, 2016 N.J. AGEN LEXIS 1246, Final Administrative Determination (December 16, 2016). Eligibility date that was established for a Medicaid applicant was correct. Even though a Qualified Income Trust was established by her as of March 4, 2015, the QIT was not properly funded with the applicant's pension and Social Security payments until March 2016. That being so, the applicant did not qualify for Medicaid until March 2016. R.C. v. Gloucester Cnty. Div. of Social Servs., OAL DKT. NO. HMA 05451-16, 2016 N.J. AGEN LEXIS 531, Initial Decision (June 16, 2016). Medicaid applicant who was advised, in March of 2015, to establish a Qualified Income Trust (QIT) to handle her excess income but did not accomplish the same until January 2016 was not entitled to an eligibility date that was retroactive to the date of her January 2015 application because she was not income-eligible for Medicaid until the QIT was established. G.S. v. Hudson Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 20755-15, 2016 N.J. AGEN LEXIS 457, Initial Decision (June 7, 2016). Determination by a county board of social services (CBSS) denying a petitioner's request for Medically Needy Nursing Home Medicaid per N.J.A.C. 10:70-1.1 et seq. was reversed. That determination had been based on a CBSS calculation of amounts held in four bank accounts, two of which were in the name of a business that the applicant had owned. However, the applicant established that the business had stopped operations, would not be reopening for the next school year, had no employees, owed amounts to former employees, to a landlord and to some trade vendors. That being so, a recalculation of the applicant's resources in accord with N.J.A.C. 10:71-5.1(b) and N.J.A.C. 10:71-4.1 was appropriate, and eligibility thus established. F.P. v. Middlesex Cnty. Bd. of Social Servs., OAL DKT. NOS. HMA 03183-14 and HMA 05622-14, AGENCY DKT. NO. 1215061428 (Consolidated), 2014 N.J. AGEN LEXIS 475, Initial Decision (August 6, 2014).