Page 40

Page 6 of 6 § 10:72-3.2 Citizenship Applicant who was granted the status of a permanent resident alien in February 2000 was properly denied Medicaid eligibility. Though the applicant had resided in the U.S. for the five years from February 2000 until September 2005, when he returned to India, his permanent resident card expired in 2010. The applicant only obtained a new permanent resident card in 2014 and only moved back to the U.S. on a permanent basis in August 2015. Since the applicant had not been present in the U.S. for five years as of the date on his current application for Medicaid, he was not eligible for such benefits. R.S. v. Morris Cnty. Office of Temp. Assistance, OAL DKT. NO. HMA 03953-16, 2016 N.J. AGEN LEXIS 754, Initial Decision (September 9, 2016). County social service board erred when it denied Medicaid eligibility to an immigrant who had entered the U.S. in 2002 and whose deportation was withheld on October 3, 2002 on the ground that he was entitled to political asylum. Though the applicant's "permanent resident" card was dated April 7, 2015, that was not the relevant date for the purpose of determining eligibility, which included the requirement that the applicant be in the U.S. for more than five years. A.S. v. Hudson Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 09735-16, 2016 N.J. AGEN LEXIS 748, Initial Decision (August 26, 2016). Agency acted properly in denying Emergency Medicaid benefits in relation to medical care received by a hospital patient who was a Colombian citizen who had arrived in the U.S. on June 10, 2015 on a visitor's visa. The patient did not meet the qualifications under any applicable regulation and his condition, which was laryngeal cancer, had to have occurred long before his arrival in the U.S. J.G. v. Union Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 05293-16, 2016 N.J. AGEN LEXIS 706, Initial Decision (August 10, 2016). An administrative law judge (ALJ) concluded that the Union County Board of Social Services (CWA) had incorrectly denied the application for Medicaid benefits by an alien who was a Cuban national who had entered the U.S. in 1961. Though the alien was neither a U.S. citizen nor a permanent resident, he provided CWA with an Order of Supervision issued by the U.S. Department of Immigration and Customs Enforcement withholding the alien's deportation and allowing him to be at large subject to conditions as permitted by 8 U.S.C.S. § 1253(a)(3). Because the terms of that Order established that the alien satisfied the criteria in N.J.A.C. 10:72-3.2(b)(4), the alien had, contrary to CWA's allegations, provided it with sufficient evidence that he was an alien whose deportation had been withheld per § 243(h). A.L. v. Union Cnty. Bd. of Soc. Servs., OAL Dkt. No. HMA 00583-14, AGENCY Dkt. No. 2020052305-01, 2014 N.J. AGEN LEXIS 92, Initial Decision (February 10, 2014). Under N.J.A.C. 10:72-3.2(b), a Medicaid applicant was not "present in the United States prior to August 22, 1996" because the applicant was not continuously present from the applicant's last visit in the spring of 1996; the applicant's visits to the United States for six months in 1992, two months in 1994, and two months in 1996 did not satisfy the "present" requirement because continuous presence is necessary. Thus, the applicant was subject to the five-year requirement of N.J.A.C. 10:72-3.2(c), which had not been satisfied, and benefits were correctly denied. A.B. v. DMAHS, OAL Dkt. No. HMA 220-06, 2006 N.J. AGEN LEXIS 933, Final Decision (October 10, 2006). NEW JERSEY ADMINISTRATIVE CODE Copyright © 2025 by the New Jersey Office of Administrative Law End of Document