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N.J.A.C. 10:72-1.3 This file includes all Regulations adopted and published through the New Jersey Register, Vol. 57 No. 12, June 16, 2025 NJ - New Jersey Administrative Code > TITLE 10. HUMAN SERVICES > CHAPTER 72. NEW JERSEY CARE ... SPECIAL MEDICAID PROGRAMS MANUAL > SUBCHAPTER 1. INTRODUCTION § 10:72-1.3 Administrative organization Financial eligibility for the Medicaid program is administered by the county social service agencies under the supervision of the Division of Medical Assistance and Health Services. Annotations Notes Chapter Notes Case Notes 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). 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