Page 170

Page 2 of 2 § 10:71-4.9 Resource assessment Substituted "welfare agency" for "board of social services" throughout; and in (b)1, substituted "third-party" for "third party". Annotations Notes Chapter Notes Case Notes Medicaid application for a husband who was separated from his wife was properly denied because the husband failed to document any efforts that he ostensibly had made to obtain financial data possessed by his wife. Even though the husband insisted that he could not obtain any information from her, the husband lived next door to the wife, the husband was responsible for the couple's children, the wife had signed a contract obligating her to provide medical care to the husband and the couple had a joint checking account, jointly owned real estate and had filed a joint Chapter 7 case. R.W. v. Somerset Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 17759-16, 2017 N.J. AGEN LEXIS 691, Initial Decision (September 13, 2017). Widow was properly denied relief on her challenge to the effective date of Medicaid eligibility for her now- deceased husband. The agency representative fulfilled his duty to notify the couple of the status of the application and of the steps that the couple had to take in order to complete the process. Once all of the needed information was provided, the agency acted reasonably in determining countable resources and spend-down requirements. Moreover, even if the agency should have notified the couple about the status, the fact was that the couple had excess resources until November 2012, thereby authorizing an eligibility date of December 2012. E.C. v. DMAHS and Ocean Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 00149-13, 2016 N.J. AGEN LEXIS 451, Initial Decision (June 9, 2016). NEW JERSEY ADMINISTRATIVE CODE Copyright © 2025 by the New Jersey Office of Administrative Law End of Document