N.E. v. New Jersey Division of Medical Assistance and Health Services, et al.

April 10, 2008 A-2276-06T2

The Division of Medical Assistance and Health Services
correctly found that N.E. was not eligible for "Medicaid Only" benefits because, on the date as of which N.E.'s eligibility was determined, his resources exceeded the maximum amount permitted by N.J.A.C. 10:71-4.5(c), and pursuant to New Jersey's regulatory scheme, the income that N.E. was receiving and reasonably expected to receive had to be allocated to his spouse for her "Minimum Monthly Maintenance Needs Allowance" before more of his resources could be allocated to the spouse.