N.J. Admin. Code § 10:49-9.13

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:49-9.13 - Informing individuals of their rights

(a) All Medicaid and NJ FamilyCare-Plan A claimants and NJ FamilyCare Plan D parents with incomes up to 133 percent of the Federal poverty level shall be informed of the following, in writing, at the time of application and at the time of any action affecting their claim:

1. Of their right to a fair hearing;

2. Of the method by which they may obtain a hearing;

3. That they may be represented by legal counsel or by a relative, friend, or other spokesperson, or they may represent themselves; and

4. Of legal services within the community from which they may receive legal aid.

(b) NJ FamilyCare-Plan B, C and all other Plan D enrollees are entitled to use the grievance procedure established by the Division of Medical Assistance and Health Services or the administrative law hearing process established at 10:79-6.5 and 6.6, as appropriate.

N.J. Admin. Code § 10:49-9.13

Recodified from N.J.A.C. 10:49-9.9 and amended by R.1998 d.154, effective 2/27/1998 (operative March 1, 1998; to expire August 31, 1998).
See: 30 N.J.R. 1060(a).
In (a), inserted "Medicaid and NJ KidCare-Plan A" following "All"; and added (b).
Adopted concurrent proposal, R.1998 d.487, effective 8/28/1998.
See: 30 N.J.R. 1060(a), 30 N.J.R. 3519(a).
Readopted the provisions of R.1998 d.154 with changes, effective 9/21/1998.
Recodified from N.J.A.C. 10:49-9.12 by R.1999 d.294, effective 9/7/1999.
See: 30 N.J.R. 2808(a), 31 N.J.R. 2635(a).
Former N.J.A.C. 10:49-9.13, Provisions for appeals; fair hearings, recodified to N.J.A.C. 10:49-9.14.
Amended by R.1999 d.211, effective 7/6/1999 (operative August 1, 1999).
See: 31 N.J.R. 998(a), 31 N.J.R. 1806(a), 31 N.J.R. 2879(b).
Amended by R.2003 d.82, effective 2/18/2003.
See: 34 N.J.R. 2650(a), 35 N.J.R. 1118(a).
Amended by R.2008 d.230, effective 8/4/2008.
See: 40 N.J.R. 984(a), 40 N.J.R. 4531(a).
In the introductory paragraph of (a), inserted "and NJ FamilyCare Plan D parents with incomes up to 133 percent of the Federal poverty level"; and in (b), inserted "all other Plan".