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Page 5 of 6 § 10:72-3.2 Citizenship See: 31 N.J.R. 97(a), 31 N.J.R. 2203(b). Rewrote the section. Emergency amendment R.1999 d.254, effective July 12, 1999 (to expire September 10, 1999). See: 31 N.J.R. 2252(a). Added a new 2 in (a) and added new (b), (c), (d) and (e). Adopted concurrent proposal, R.1999 d.345, effective September 10, 1999. See: 31 N.J.R. 2252(a), 31 N.J.R. 2880(a). Readopted provisions of R.1999 d.254 without change. Annotations Notes Chapter Notes Case Notes Division of Medical Assistance and Health Services correctly denied a 90-year-old Russian immigrant's request for Medicaid benefits under the New Jersey Care Program (NJCare), N.J.A.C. 10:72-1.1 through 10:72-9.8, based on the five-year bar on receipt of NJCare benefits under N.J.A.C. 10:72-3.2, due to his failure to remain continuously present in the United States since his last visit in the spring of 1996, despite his status as a lawful permanent resident (LPR), as the five year ban was applicable to LPRs entering the United States on or after August 22, 1996. A.B. v. Division of Med. Assistance & Health Servs., 407 N.J. Super. 330, 971 A.2d 403, 2009 N.J. Super. LEXIS 126 (2009). New Jersey Medical Assistance and Health Benefits Act, N.J.S.A. 30:4D-1 to 30:4D-19.5, defines "eligible alien," pursuant to N.J.S.A. 30:42-3q, and that definition clearly creates two classes of lawful permanent residents, namely those who entered the United States before August 22, 1996, and those who entered on or after that date. The regulations governing New Jersey Care Benefits cannot be construed to avoid that statutory definition and create a third class, namely those who visited the United States before August 22, 1996, who then became lawful permanent residents on or after that date, thus avoiding the five-year bar that the Legislature imposed on receipt of benefits under the Act via N.J.A.C. 10:72-3.2. A.B. v. Division of Med. Assistance & Health Servs., 407 N.J. Super. 330, 971 A.2d 403, 2009 N.J. Super. LEXIS 126 (2009). Definition of "eligible alien" in N.J.S.A. 30:4D-3(q) clearly establishes two classes of aliens, both of them lawful permanent residents (LPRs). One class consists of aliens who entered the country as LPRs before August 22, 1996, and the other class comprises aliens who entered the country as LPRs on or after that date. A.B. v. Division of Med. Assistance & Health Servs., 2009 N.J. Super. LEXIS 111 (2009). As petitoner's travels to the U.S. before August 22, 1996, before he became a lawful permanent resident, did not make him an "eligible alien" under N.J.S.A. 30:4D-3(q), and as he had not continually lived in the U.S. for five years after that date, he was not exempt from N.J.A.C. 10:72-3.2's five-year bar on the receipt of benefits payable under the New Jersey Care Special Medicaid Program. A.B. v. Division of Med. Assistance & Health Servs., 2009 N.J. Super. LEXIS 111 (2009).