Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 More information at www.njlaws.com/

Tuesday, July 14, 2009

10:71-3.6 Change of county residence
(a) Responsibility for case management shall be transferred from one county to the other
when a beneficiary moves to another county.
(b) A temporary visit by the beneficiary shall not be considered to be a change of county
residence until that visit has continued for more than a three month period.
1. Whenever it is determined that a beneficiary whose application has not been validated
has changed or is planning to change his or her residence from one county to another the
CBOSS of origin shall continue medical assistance while completing validation, subject to
the time limits set forth in the application process, then transfer the case without delay to the
receiving county in accordance with (b)2 below. If the CBOSS of origin is in the process of
obtaining medical records, it shall complete the process and forward the medical records to
the receiving county.
2. Whenever it is determined that a beneficiary whose application has been validated is
planning to change his or her residence from one county to another, it shall be the
responsibility of the CBOSS directors of the two counties concerned to effect the transfer
without interruption of medical assistance.
3. The county of origin shall initiate and the receiving county shall, on request, immediately
cooperate in accomplishing a full investigation of the circumstances surrounding the move.
4. If the move is permanent and the case warrants continued medical assistance, transfer
of the case shall be accomplished expeditiously by discontinuance of medical assistance in
the county of origin and award of medical assistance in the receiving county, to occur
simultaneously in the first month for which the CBOSS directors mutually so arranged.
5. The welfare of the client shall not be adversely affected and his or her right to
uninterrupted medical assistance if in need shall not be prejudiced by disagreement or other
administrative difficulty between the counties. Any adverse change in grant resulting from
transfer requires timely notice.
i. Since the Medicaid Only client retains the same Medicaid number when he or she
moves from one county to another, the county of origin shall not terminate the client from
the Medicaid status file, but only from its own register.
(c) The county of origin shall initiate and the receiving county shall, on request, immediately
undertake an investigation of the circumstances surrounding the move. If the move is
permanent, each county shall execute its respective responsibilities in accordance with (d)
and (e) below.
(d) Applicants: Applicants are those individuals applying for Medicaid in the county of origin
who move to the receiving county before the eligibility determination has been completed.
1. County of origin: The county of origin has the responsibility to:
i. Complete the eligibility determination process;
ii. Accrete the individual to the Medicaid Status File (MSF) with the correct effective date
of Medicaid eligibility and the new address (in the receiving county); and
iii. Within five working days of the eligibility determination, transfer the case record
material to the receiving county in accordance with (e)1i through iv below.
2. Receiving county: The receiving county has the responsibility to:
i. Communicate promptly with the client and/or the client's authorized representative upon
receipt of the case material to advise of the continued receipt of medical assistance; and
ii. Notify immediately in writing the county of origin of the date the case material was
received.
(e) Beneficiaries: Beneficiaries include all individuals determined eligible for Medicaid Only.
1. County of origin: The county of origin has the responsibility to:
i. Transfer, within five working days from the date it is notified of the actual move, a copy
of pertinent case material to the receiving county. Such material shall include, at a minimum,
a copy of the first application and most recent PA-1G form (including all verification), Social
Security numbers, the beneficiary's new address in the receiving county, and form PR-1
(formerly PA-3L), completed with the individual's circumstances current as of the month of
the transfer.
ii. Send with the above case material a cover letter specifying that the case is being
transferred and requesting written acknowledgment of receipt;
iii. Forward promptly to the receiving county copies of any other material mutually
identified as necessary for case administration; and
iv. Notify the receiving county if there will be a delay in providing any case material
described in (e)1i or iii above.
2. Receiving county: The receiving county has the responsibility to:
i. Communicate promptly with the client and/or the client's authorized representative when
case material is received. Such communication shall arrange for the client and/or the
client's authorized representative to make application within 10 working days of the contact
to ensure uninterrupted receipt of medical assistance;
ii. Notify immediately in writing the county of origin of the date the initial case material was
received;
iii. Determine eligibility for the individual. Identify and resolve questions of the eligibility
determination made by the county of origin and receiving county. Advise the county of
origin of any discrepancies in the eligibility determinations between the two counties;
iv. Certify eligibility for medical assistance (provided application to transfer has been
made) effective for the next month if the initial case material has been received before the
10th of the month;
v. Certify eligibility for medical assistance (provided application to transfer has been made)
for the second month after the month of receipt of initial case material when such material is
received on or after the 10th of the month;
vi. Update the Medicaid Status File (MSF), if necessary. If the individual is determined
eligible for Medicaid Only in the receiving county, there shall be no interruption of Medicaid
eligibility and no change to the MSF is necessary. If the individual is determined ineligible
for Medicaid Only in the receiving county, Medicaid eligibility shall be terminated, subject to
timely and adequate notice, and the individual deleted from the MSF; and
vii. Notify the county of origin of the date eligibility for medical assistance will begin or will
be terminated in the receiving county.
(f) Any case for which transfer procedures in (c) through (e) above are not begun within 30
days of the date of original referral, shall be promptly reported by the county of origin to the
Division of Medical Assistance and Health Services by letter, setting forth the pertinent
available facts. This does not mean that the actual transfer must be completed within 30
days, but rather that the procedures shall be commenced within that time.