New Jersey § 44:7-81

§ 44:7-81.

Under general policies established by the State Board of Control, the Commissioner

of Institutions and Agencies is authorized, directed and empowered to issue, or to

cause to be issued by the appropriate departmental officers or agencies, all necessary,

rules and regulations and administrative orders, and to do or cause to be done all

other acts and things necessary to accomplish the purposes of this act, including

specifically the following: (a) To assure that the program shall be in effect in all counties of the State and

be mandatory upon them; (b) To assure that all individuals wishing to make application for medical assistance

for the aged shall have opportunity to do so, and that such assistance shall be furnished

with reasonable promptness to or for all eligible individuals; (c) To provide that, in determining need for medical assistance for the aged and the

amount of such assistance to be granted, there shall be taken into consideration all

other income and resources of the aged individual, making due allowance for a minimum

standard of living compatible with decency and health; provided, however, that assistance

for in-patient and out-patient hospital services, as made available by this act, shall

be granted to persons eligible therefor notwithstanding appropriations to hospitals

made by any county or municipality pursuant to chapter 5 of Title 44 of the Revised

Statutes; (d) To provide safeguards which restrict the use or disclosure of information concerning

applicants and recipients to purposes directly connected with the administration of

the program; (e) To assure that no enrollment fee, premium, or similar charge is imposed as a condition

of eligibility; (f) To assure that all persons for whom medical assistance for the aged is being paid

under the provisions of this act shall not receive, during or with respect to the

same period, any other financial assistance from this State or any political subdivision

thereof with respect to any maintenance requirements or other items for which allowance

is made in the assistance grant paid pursuant to this act; (g) To prescribe appropriate services which shall be made available for the purposes

of effecting, so far as possible, cure and rehabilitation; (h) To prescribe methods and procedures for repayment or recovery of assistance granted

under this act; provided, however, that no lien may be imposed against the property

of any individual prior to his death on account of assistance granted or to be granted

under this act (except pursuant to the judgment of a court on account of assistance

incorrectly paid on behalf of such individual), and that there shall be no adjustment

or recovery (except, after the death of such individual and his surviving spouse,

if any, from such individual's estate) of any assistance correctly paid on behalf

of such individual under this act; (i) To provide for granting an opportunity for a fair hearing to any individual whose

claim for medical assistance for the aged is denied or is not acted upon with reasonable

promptness.