Page 6
Page 4 of 4 § 10:72-1.1 Program scope 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). 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 ADMINISTRATIVE CODE Copyright © 2025 by the New Jersey Office of Administrative Law End of Document