Page 12

Page 2 of 2 § 10:71-1.6 Basic principles of administration See: 17 N.J.R. 2522(a), 18 N.J.R. 564(b). (a)3 amended. Amended by R.2000 d.415, effective October 16, 2000. See: 32 N.J.R. 2565(a), 32 N.J.R. 3844(a). In (a), substituted references to beneficiaries for references to recipients throughout. Annotations Notes Chapter Notes Case Notes Failure on the part of an applicant for Medicaid Nursing Home Benefits to timely provide requested financial documentation needed to establish eligibility provided grounds for a determination denying benefits to the applicant. The regulation's use of the word "may" demonstrated that the agency had the discretion to either put the application into pending status or not, and the exhibition of a purported "spirit of cooperation" on the part of the applicant did not obviate the agency's ability to issue a denial letter where, as here, the applicant continued to fail to provide financial information as requested. E.Z. v. Bergen Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 07334-17, 2017 N.J. AGEN LEXIS 728, Initial Decision (September 15, 2017). Initial Decision (2007 N.J. AGEN LEXIS 209) adopted, which concluded that an application for Medicaid benefits under the Medically Needy program was correctly denied for the applicant's failure to provide requested information regarding three attempts to sell the subject annuity, which the applicant claimed was an unavailable resource; while the Division may ultimately bear the burden of proving that a market exists, and that this particular annuity could be sold, this did not relieve the applicant of her obligation to produce information the Division requested. D.M. v. DMAHS, OAL Dkt. No. HMA 6394-06, 2007 N.J. AGEN LEXIS 546, Final Decision (June 11, 2007). NEW JERSEY ADMINISTRATIVE CODE Copyright © 2025 by the New Jersey Office of Administrative Law End of Document