N.J. Admin. Code § 10:79-3.3 - State residency

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

(a) In order to be eligible for the NJ FamilyCare-Children's Program, the applicant/child must be a resident of the State of New Jersey. The term "resident" shall be interpreted to mean an applicant who is living in the State voluntarily and not for a temporary purpose, that is, with no intention of presently removing therefrom.
1. If the caretaker adult leaves New Jersey with the child or the applicant with the intent to establish permanent residence elsewhere, or for an indefinite period for purposes other than a temporary visit, the child or applicant ceases to be eligible to receive NJ FamilyCare-Children's Program from this State.
2. When the authorized agent of a child or the applicant enters the State in order to receive medical care and applies for NJ FamilyCare-Children's Program 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 child/applicant ineligible for the NJ FamilyCare-Children's 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 authorized agent or applicant to remain permanently in this State;
iii. Whether there is objective evidence that the authorized agent or applicant child 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 authorized agent or applicant previously resided recognizes him or her as having continuing eligibility under the state's Medicaid or Title XXI children's health assistance program, or other program providing payment for medical care, of that jurisdiction.
3. If, after full consideration of the factors in this subsection, the eligibility determination agency is satisfied that the authorized agent or applicant child has become a resident of this State, NJ FamilyCare-Children's Program eligibility may be established as long as all other eligibility criteria are met.


N.J. Admin. Code § 10:79-3.3
Amended by 49 N.J.R. 203(a), effective 1/17/2017

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