E.B. v. Div. of Med. Assistance & Health Servs., 198 A.3d 288, 236 N.J. 108 (2018)

Dec. 6, 2018 · New Jersey Court of Errors and Appeals · C-290 September Term 2018; 081718
198 A.3d 288, 236 N.J. 108

E.B., Petitioner-Petitioner,
v.
DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, Respondent-Respondent,
and
Camden County Board of Social Services, Respondent.

C-290 September Term 2018
081718

Supreme Court of New Jersey.

December 6, 2018

ORDER

A petition for certification of the judgment in A-003087-15 having been submitted to this Court, and the Court having considered the same;

It is ORDERED that the petition for certification is denied, with costs. In denying certification, the Court notes that the issue of statutory interpretation - specifically the application of the rebuttable presumption in N.J.A.C. 10:71-4.10(b)(6)(ii) to a paid caregiving arrangement between an elderly parent and adult child - was raised only in passing in E.B.'s petition, and, on this record, it does not appear that the issue was presented to the Administrative Law Judge or the Appellate Division.