Determination of Residency (Age Twenty-One (21) and Older)

Determination of Residency (Age Twenty-One (21) and Older) A. Not in an Institution The state of residence for a non-institutionalized individual is where the individual is living and intends to reside, including without a fixed address; or the state the individual has entered, either with a job commitment or searching for employment, regardless of whether the individual is currently employed. If the individual is incapable of stating intent, the state of residence is where the individual is living. B. The state of residence for an institutionalized individual who became incapable of stating intent before age twenty-one (21) is: 1. The state of residence of the parent who is applying for Medicaid on the individual’s behalf. If a legal guardian has been appointed and parental rights have been terminated, the state of residence of the legal guardian is used instead. 2. The state of residence of the parent at the time of placement. If the legal guardian has been appointed and parental rights have been terminated, the state of residence of the guardian is used instead. 3. The current state of residence of the parent or legal guardian who files the application, if the individual is residing in an institution in that state. If a legal guardian has been appointed and parental rights have been terminated, the state residence of the guardian is used instead. 4. The state of residence of the party that files an application if the individual: a) Has been abandoned by the individual’s parent(s), b) Does not have a legal guardian, and c) Is residing in an institution in that state. C. In an Institution and Became Incapable of Stating Intent at or After Twenty-One (21). The state of residence is where the individual is physically present, except in instances where another state made the placement. D. Any Other Individual in an Institution 1. The state of residence is where the individual is living and intends to reside. 2 When a competent individual leaves a facility in which the individual was placed, residence becomes the state where the individual is physically located.