Search Rutgers Law Library N.J. Court Opinions

1 P.R. and U.R v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 1000

... other reason which the [C]ommissioner by regulation shall establish.' N.J.S.A. 30:4D-7(l); see also[] N.J.A.C. 10:49-14 ... the Division was 'directed to recover these benefits pursuant to N.J.[S.A.] 30:4D-7(i).' Further, the Assistant Commissioner found it was 'undisputed . . . that ... to excess income.' After reiterating the Division's obligation under N.J.S.A. 30:4D-7(i) to recover improperly paid benefits, the Assistant Commissioner stated ... dealing with eligibility for A-0024-21 15 medical assistance. N.J.S.A. 30:4D-7. Additionally, a CWA, such as the Board, grants or denies ... Division has a duty to recoup those funds. Indeed, under N.J.S.A. 30:4D-7(i), the Division is required '[t]o take all necessary ... r]ecoveries . . . can be made from those persons specified in N.J.S.A. 30:4D-7(i).' Further, by statute, 'No recovery action shall be ...

docket:	a0024-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-08
status:	Unpublished
citation:
Document Size:	36915

2 /usr/local/share/www/libweb/collections/courts/appellate/a1086-14.opn.html -- rank: 986

... against the Estate of Arthur E. Brown (Estate) pursuant to N.J.S.A. 30:4D-7.2 for reimbursement of $166,981.25 in Medicaid benefits ... of-kin, seeking a judgment discharging the lien pursuant to N.J.S.A. 30:4D-7.8. Thomas alleged that because the elective share statute, N ... by regulations adopted in accordance with the authority granted by N.J.S.A. 30:4D-7 to the Commissioner of the Department of Human Services (DHS ... enacted statutes to comply with the federal estate recovery requirements. N.J.S.A. 30:4D-7.2(a)(2) permits the Commissioner of DHS to file ... in common, survivorship, life estate, living trust or other arrangement. [ N.J.S.A. 30:4D-7.2(a)(3) (emphasis added).] N.J.S.A. 30:4D-7(j) requires the Commissioner "[t]o take all necessary ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	448 N.J.Super. 252 153 A.3d 242
Document Size:	69479

3 R.S APPROVED FOR PUBLICATION APPELLATE DIVISION v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES AND UNION COUNTY BOARD OF SOCIAL SERVICES - January 23, 2014 -- rank: 983

... N.J. Super 235 , 243 (App. Div. 2013); see also N.J.S.A. 30:4D-7 (authorizing commissioner to issue through the Division "all necessary rules ... within the limits of funds available for any fiscal year[.]" N.J.S.A. 30:4D-7. The Legislature's intention is to align New Jersey's ...

docket:	a5798-11
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	published
citation:	434 N.J.Super. 250 83 A.3d 868
Document Size:	74348

4 IN THE MATTER OF N.J.A.C 10:71-4.7(b)(4)(ii) AND N.J.A.C. 10:71-4.10(m)(1 -- rank: 966

... agency designated to administer the Medicaid program in New Jersey. N.J.S.A. 30:4D-7. The Division, in accordance with its statutory responsibilities, has promulgated ... regulations which are necessary to carry out its functions under N.J.S.A. 30:4D-7 and its federal counterpart, 42 U.S.C.A. §[§] 1396 ...

docket:	a0915-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-07
status:	unpublished
citation:
Document Size:	57666

5 MORRIS VIEW HEALTH CARE CENTER v. DEPARTMENT OF HUMAN SERVICES -- rank: 925

... 42 U.S.C. §§ 1396, 1396a(a)(13); N.J.S.A. 30:4D-7(a)). A '[n]ursing facility' is 'an institution . . . certified by ... 2006 amendments to New Jersey's Medicaid State Plan and N.J.S.A. 30:4D- 7(t)(1), which the parties refer to as the PEER ... rate based on Enhanced PEER Grouping and alleged violations of N.J.S.A. 30:4D-7(t)(1) and State Plan [a]mendments. DHS expressly does ... by the State of New Jersey and its political subdivisions. N.J.S.A. 30:4D-7(t)(1). Stated simply, the issue is that [respondent] has ... rate based on Enhanced PEER Grouping and alleged violations of N.J.S.A. 30:4D-7(t)(1) and State Plan [a]mendments,' as respondent's ... bases its PEER Grouping claims on paragraph (t)(1) of N.J.S.A. 30:4D-7. That statute authorizes the commissioner of DHS 'to issue, ...

docket:	a0886-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-29
status:	Unpublished
citation:
Document Size:	57619

6 R.P. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 881

... by the Commissioner of the Department of Human Services. See N.J.S.A. 30:4D-7. DMAHS is the agency within the Department of Human Services ...

docket:	a3041-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-25
status:	unpublished
citation:
Document Size:	44990

7 ESTATE OF L.P v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES -- rank: 804

... the Estate for correctly paid medical assistance benefits, pursuant to N.J.S.A. 30:4D-7.2 to -7.6 (the Estate Lien). On June 20 ... State Plan. 42 U.S.C. 1396p(b)(1)(B); N.J.S.A 30:4D-7(j). N.J.S.A. 30:4D- 7(j) authorizes DMAHS '[t]o take all necessary action to ... a statutory lien against the estate of a Medicaid beneficiary. N.J.S.A. 30:4D-7.2. By regulation, estate liens are imposed where the deceased ... or not DMAHS may recover from a beneficiary's estate. N.J.S.A. 30:4D-7(j) provides that it is DMAHS's duty '[t]o ...

docket:	a1035-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-12
status:	Unpublished
citation:
Document Size:	19178

8 IN THE MATTER OF KELLY KIETUR -- rank: 793

... any action or claim initiated against any such third party . . . ." N.J.S.A. 30:4D-7.1b. Moreover, "every recipient, as a condition of eligibility for ... rights to payment for medical care from any third party." N.J.S.A. 30:4D-7.1c. Finally, unlike N.J.S.A. 30:4D-7.2, which contains the requirements for DMAHS to file a ... J. 360 (1977), a case decided before the enactment of N.J.S.A. 30:4D-7.1, the Court held that when the State exercises its ... s lien in the settlement. This action was taken despite N.J.S.A. 30:4D-7.1c whereby Kelly "assigned to the commissioner . . . any rights to payment for medical care from any third party[,]" and N.J.S.A. 30:4D-7.1b, which requires prompt notification of any recovery from ...

docket:	a5163-98
court:	njappellate
decided:	2000-06-14
status:	published
citation:	332 N.J.Super. 18
Document Size:	30846

9 K.O v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, and MORRIS COUNTY OFFICE OF TEMPORARY ASSISTANCE - -- rank: 783

... of Human Services govern eligibility for Medicaid in New Jersey. N.J.S.A. 30:4D-7. The DMAHS is the agency within the Department of Human ...

docket:	a3010-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-26
status:	Unpublished
citation:
Document Size:	31501

10 B.D - v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES - M.M. and I.M - v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES - T.J - v. NEW JERSEY DEPARTMENT -- rank: 746

... by regulations adopted in accordance with the authority granted by N.J.S.A. 30:4D-7 to the Commissioner of DHS (Commissioner). DMAHS is the agency ...

docket:	a2456-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-09-09
status:	Published
citation:
Document Size:	67527

11 SSI MEDICAL SERVICES V. STATE OF NEW JERSEY DEPT OF HUMAN SERVICES -- rank: 729

... to comply with the State legislative mandate set-forth in N.J.S.A. 30:4D-7, that the Commissioner maximize federal funding.             The Director also rejects ... to comply with the State legislative mandate set-forth in N.J.S.A. 30:4D-7, that the Commissioner maximize federal funding.             The Director also rejects ... cognate federal regulation and achieved the state legislative mandate under N.J.S.A. 30:4D-7 to maximize federal funding. Lastly, even if the Acting Director ...

docket:	a5489-93
court:	njappellate
decided:	1995-09-14
status:	published
citation:	284 N.J.Super. 184
Document Size:	50433

12 /usr/local/share/www/libweb/collections/courts/appellate/a4744-11.opn.html -- rank: 729

... by regulations adopted in accordance with the authority granted by N.J.S.A. 30:4D-7 to the Commissioner of DHS (Commissioner). DMAHS is the agency ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	66781

13 /usr/local/share/www/libweb/collections/courts/appellate/a5761-11.opn.html -- rank: 729

... by regulations adopted in accordance with the authority granted by N.J.S.A. 30:4D-7 to the Commissioner of DHS (Commissioner). DMAHS is the agency ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	66781

14 /usr/local/share/www/libweb/collections/courts/appellate/a0109-12.opn.html -- rank: 729

... by regulations adopted in accordance with the authority granted by N.J.S.A. 30:4D-7 to the Commissioner of DHS (Commissioner). DMAHS is the agency ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	66781

15 G.S v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, and HUNTERDON COUNTY DIVISION OF SOCIAL SERVICES -- rank: 722

... together, supported an exercise of the Commissioner's discretion under N.J.S.A. 30:4D-7(l).6 The Director rejected the ALJ's initial decision ... poverty level for an individual or a couple.' Ibid. 6 N.J.S.A. 30:4D-7(l) reads in pertinent part, 'the commissioner is further authorized ... by regulations adopted in accordance with the authority granted by N.J.S.A. 30:4D-7 to the Commissioner of the Department of Human Services (DHS ...

docket:	a4675-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-16
status:	Unpublished
citation:
Document Size:	25856