N.J. Admin. Code § 10:79-8.8

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:79-8.8 - Notification and fair hearing rights

(a) For a presumptively eligible child who is subsequently determined ineligible for NJ FamilyCare-Children's Program benefits:

1. The eligibility determination agency shall not be required to provide either timely or adequate notice for the end of the presumptive eligibility. The presumptively eligible beneficiary shall not have any right to a fair hearing based on the termination of presumptive eligibility; and

2. The eligibility determination agency shall provide the child (if appropriate), child's parent, guardian, caretaker or authorized agent a notice of denial of the child's NJ FamilyCare-Children's Program application in accordance with N.J.A.C. 10:79-6. The applicant's rights to a fair hearing or a grievance hearing are also outlined in N.J.A.C. 10:79-6.

(b) A child denied presumptive eligibility by a qualified presumptive eligibility determination entity shall not be entitled to adequate notice of that determination and shall not be entitled to a fair hearing on that action. The denial of presumptive eligibility shall not affect the child's (if appropriate), parent's, guardian's, caretaker adult's, or authorized agent's right to apply for NJ FamilyCare-Children's Program and receive a formal determination of eligibility or ineligibility.

N.J. Admin. Code § 10:79-8.8

Amended by 49 N.J.R. 203(a), effective 1/17/2017