10:71-1.6 Basic principles of administration
(a) The following principles of administration shall apply to the Medicaid Only program.
1. Any aged, blind or disabled person who believes he/she is eligible shall be assured an
opportunity to make application (including reapplication) for Medicaid Only by completing
the appropriate application form.
2. The applicants or beneficiaries are the primary source of information. However, it is the
responsibility of the agency to make the determination of eligibility and to use secondary
sources when necessary, with the applicant's knowledge and consent.
3. No duplication of assistance: No beneficiary of Medicaid Only shall receive, during the
same period, any other medical assistance from the State or any political subdivision thereof
with respect to any maintenance requirements or other need for which allowance is made in
the Medicaid Only program (see N.J.A.C. 10:71-3.14 regarding inmates of correctional
institutions). The food stamp program is not considered a duplication of public assistance.
4. There shall be strict adherence to law and complete conformity with administrative
policies. Requirements other than those established by law or regulations shall not be
imposed on any person as a condition of receiving medical assistance.
5. The applicants or beneficiaries shall have the right to request appeal on the action or
inaction of the agency whenever they believe that they have not been given full
consideration under the law. A fair hearing shall be conducted by an impartial official of the
Department of Human Services in accordance with prescribed procedure when:
i. An application for Medicaid Only is denied;
ii. An application for Medicaid Only is not acted upon by the county welfare board within
30 days for the aged and 60 for the disabled or blind; or
iii. Medicaid Only is terminated.
6. Information about applicants and beneficiaries and their circumstances shall not be
disclosed except as required for the proper and efficient administration of the program and
only to those agencies involved in the lawful administration or operation of public welfare
functions or services.
7. There shall be no discrimination on grounds of race, color, religion, sex, national origin
or marital, parental or birth status by state or local agencies in the administration of any
public assistance program.
10:71-1.7 Examination or review of chapter
This chapter is a public document. Copies are available in the State office of the Division of
Medical Assistance and Health Services and in each CBOSS office for examination or
review during regular office hours on regular work days.