If there is a dispute with the County Board of Social Services concerning Medicaid eligibility, then you have the right to file an appeal of that decision. The request for an appeal is filed with the Fair Hearing Unit of the Division of Medical Assistance and Health Services (DMAHS) located in Trenton, New Jersey. If the appeal is timely filed then the DMAHS will transmit this case to the Office of Administrative Law and it will be assigned to an Administrative Law Judge.
Prior to the COVID-19 pandemic the hearings would take place in a courtroom. The Administrative Law Judge would preside over the hearing in a courtroom, which was usually a municipal court located in the county where the Medicaid agency was located. For example, in many cases involving the Camden County Board of Social Services the hearing would take place at the Haddonfield Municipal Court.
Since the summer of 2020, all of the hearings have taken place by way of a telephone hearing. The hearings have not been held in a courtroom. Most of the hearings have not been held through remote platforms, such as Zoom. Rather, most of the hearings are conducted by way of a telephone conference with the Administrative Law Judge that is assigned to the case.
Both the Petitioner (the person who is seeking Medicaid) and the County Board of Social Services are required to file and serve the relevant documents and evidence prior to the telephone hearing. The Administrative Law Judge will review the documents prior to the hearing. Both parties will then be afforded an opportunity to attend the telephone hearing and present legal arguments with respect to the issues that are being addressed by the Administrative Law Judge.
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