The Supreme Court Will Review G.C. v. Division of Medical Assistance and Health Services

The Supreme Court announced today that it has granted certification in G.C. v. Division of Medical Assistance and Health Services. The question presented, as phrased by the Supreme Court Clerk’s office, is “Does N.J.A.C. 10:72-4.4(d)(1), which renders an applicant ineligible for medical assistance benefits under the NJ Medicaid Aged, Blind, Disabled Program if the applicant’s countable income ‘exceeds the poverty income guideline for one person,’ conflict with the New Jersey Medical Assistance and Health Services Act, N.J.S.A. 30:4D-3(i)(11), or the federal Medicaid statute, 42 U.S.C. § 1396(m)(2)(A)?” In a published opinion discussed here, the Appellate Division found the regulation inconsistent with the state statute.

The grant of certification in this matter is not a surprise. The Appellate Division sua sponte stayed the effect of most of its opinion in order to allow the Division to seek Supreme Court review. The Appellate Division did that in recognition of “the significant impact [the panel’s] decision may have on other applicants,” and the need to “avoid disruption to the processing of applications by local social services boards.” That was practically an invitation to the Supreme Court to take up this case. The Court has now accepted that invitation.