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BARONE v. D. OF HUMAN SERV., DIV. OF MED. ASST.

210 N.J. Super. 276 (1986)

509 A.2d 786

ANN BARONE, PLAINTIFF-APPELLANT, v. DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, BUREAU OF PHARMACEUTICAL ASSISTANCE TO THE AGED AND DISABLED, DEFENDANT-RESPONDENT. LOTTIE ADKINS, PLAINTIFF-APPELLANT, v. DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, BUREAU OF PHARMACEUTICAL ASSISTANCE TO THE AGED AND DISABLED, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 24, 1986.

Attorney(s) appearing for the Case

Edward Kopelson, Community Health Law Project, argued the cause on behalf of appellants.

Melissa E. Hager, Deputy Attorney General, argued the cause on behalf of respondent (W. Cary Edwards, Attorney General, attorney; Deborah Poritz, Deputy Attorney General, of counsel).

Before Judges GAULKIN, DEIGHAN and STERN.

The opinion of the court was delivered by STERN, J.S.C., temporarily assigned.

We hold that the Department of Human Services did not err in interpreting N.J.S.A. 30:4D-21, as it provided between 1981 and 1985, to require actual receipt of federal Social Security benefits as a prerequisite to receipt of state Pharmaceutical Assistance to the Aged and Disabled (PAAD) and that, as so interpreted, and as amended in 1985, N.J.S.A. 30:4D-21 is not unconstitutional...

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