N.J. Admin. Code § 10:70-7.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:70-7.1 - Notice of county board of social services decision

(a) The county board of social services shall promptly notify any applicant for, or recipient of, the Medically Needy Program in writing of any agency decision affecting the applicant or recipient. When a decision relates to any adverse action which may entitle a recipient to a fair hearing, the action may not be implemented until at least 10 days after the mailing of the notice (see (f) below for exceptions to the 10-day notice).

1. For notices of action adverse to a recipient, the date of mailing of the notice must appear on the notice.

2. Notices of any county board of social services action must contain the name, address, and telephone number of the legal services agency serving that county.

3. In the case of an applicant or recipient who cannot be located, the notice shall be mailed to his or her last known address.

(b) All notices of agency decision shall state in clear and simple language, the nature of the agency decision and an accurate factual and legal basis for the decision.

1. All notices of agency decision shall include an explanation of the right to a fair hearing.

2. Notices of agency decisions adverse to the applicant or recipient shall include the citation and title of the regulations upon which the agency decision is based.

(c) For cases which are determined eligible pending spend-down, the notice shall include a statement of the amount of spend-down liability and shall advise the applicant to notify the county board of social services when that liability is met. The notice shall also advise that the established spend-down liability is subject to a change based on changes in countable income or budget unit size or composition. Further, the notice must specify that eligibility under medical spend-down is contingent on all other factors of eligibility being met at the time that the spend-down liability is met.

(d) All notices of denial or termination shall include an explicit statement of the reason for program ineligibility and (except in the case of the death of an applicant or beneficiary) advise of the right to reapply whenever the applicant or beneficiary believes that circumstances have changed such that the reason for program ineligibility no longer exists.

(e) When the processing of an application will be delayed beyond the standards for disposition of an application as set forth in 10:70-2.1(d), notice shall be mailed prior to the expiration of the disposition period notifying the applicant of the delay and the reasons for it.

(f) The 10-day notice requirement for actions adverse to a program beneficiary need not be adhered to when:

1. The county board of social services has factual information confirming the death of a beneficiary;

2. The county board of social services receives a clear written statement, signed by a beneficiary, that he or she no longer wishes to receive program benefits, or which gives information indicating a change in circumstances which requires a termination or reduction in benefits, and the beneficiary has indicated in writing, that he or she understands that this must be the consequence of supplying such information;

3. The beneficiary's whereabouts are unknown and agency mail directed to him or her has been returned by the post office indicating no forwarding address;

4. The beneficiary has been accepted for public or medical assistance in another state and that fact has been established by the county board of social services; or

5. A beneficiary child has been removed from the home as a result of a judicial determination, or voluntarily placed in foster care by his or her legal guardian.

N.J. Admin. Code § 10:70-7.1

Amended by R.2006 d.364, effective 10/16/2006.
See: 38 N.J.R. 2368(a), 38 N.J.R. 4480(c).
Section was "Notice of county welfare agency decision". Substituted "board of social services" for "welfare agency" and "beneficiary" for "recipient" throughout; in the introductory paragraph of (a), substituted "below" for "of this section" and "10" for "ten" two times; in the introductory paragraph of (f), substituted "10" for "ten"; and in (f)3, substituted "beneficiary's" for "recipient's".