N.J. Admin. Code § 10:78-3.3 - State residency

Current through Register Vol. 54, No. 7, April 4, 2022

(a) In order to be eligible for the NJ FamilyCare program, an individual shall be a resident of the State of New Jersey. The term "resident" shall be interpreted to mean a person who is living in the State voluntarily and not for a temporary purpose, that is, with no intention of presently removing therefrom.
1. If an individual leaves New Jersey with the intent to establish permanent residence elsewhere, or for an indefinite period for purposes other than a temporary visit, he or she ceases to be eligible to receive NJ FamilyCare from this State.
2. When an individual enters this State in order to receive medical care and applies for NJ FamilyCare to meet all or a portion of the costs of such care, the fact that the immediate purpose of the move was to secure medical care does not, in and of itself, have the effect of making the person ineligible for the NJ FamilyCare program. It is the responsibility of the eligibility determination agency to evaluate all such cases and to make an eligibility determination, considering carefully all the following criteria:
i. Whether the move is a temporary one, being solely for the purpose of receiving medical care for a limited time;
ii. Whether there is clear expression of intent on the part of the individual to remain permanently in this State;
iii. Whether there is objective evidence that the individual has, in fact, abandoned or not abandoned residence in the State from which he or she came; and
iv. Whether the state in which the individual previously resided recognizes him or her as having continuing eligibility under the Medicaid program (or other program providing payment for medical care) of that jurisdiction.
3. If, after full consideration of the above factors, the eligibility determination agency is satisfied that the individual has become a resident of this State, NJ FamilyCare eligibility may be established.

Notes

N.J. Admin. Code § 10:78-3.3

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