S.J. v. DIV. OF MED. ASSISTANCE

Nos. A-5714-10T1, A-5803-10T2.

44 A.3d 643 (2012)

426 N.J. Super. 366

S.J., Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES and Hudson County Board of Social Services, Respondents-Respondents. R.H., Petitioner-Appellant, v. Jennifer Velez, Commissioner, Department of Human Services Division of Family Development, Respondent-Respondent. C.B., Petitioner-Appellant, v. Jennifer Velez, Commissioner, Department of Human Services Division of Family Development, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 2012.


Attorney(s) appearing for the Case

Lisa C. Fennell , Jersey City, argued the cause for appellant S.J. (Northeast New Jersey Legal Services, attorneys; Ms. Fennell, of counsel and on the brief).

Stanley G. Sheats , Paterson, argued the cause for appellants R.H. and C.B. (Northeast New Jersey Legal Services, attorneys; Mr. Sheats, on the brief).

Jennifer Heger , Deputy Attorney General, argued the cause for respondent Division of Medical Assistance and Health Services ( Jeffrey S. Chiesa , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Ms. Heger, on the brief).

Molly Moynihan , Deputy Attorney General, argued the cause for respondent Jennifer Velez, Commissioner, Department of Human Services, Division of Family Development ( Jeffrey S. Chiesa , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Ms. Moynihan, on the brief).

Before Judges FUENTES, GRAVES, and J.N. HARRIS.


The opinion of the court was delivered by

JONATHAN N. HARRIS, J.A.D.

We view these back-to-back appeals upon the esoteric regulatory landscape of state-administered medical assistance programs funded by Title XIX (Grants to States for Medical Assistance Programs) and Title XXI (State Children's Health Insurance Program) of the Social Security Act. 42 U.S.C.A. § 1396; 42 U.S.C.A. § 1397aa. Appellants S.J., R.H., and C.B. were precluded...

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