303.15 Medicaid-Only Residency SR 94-04, 04/94 (FAM-A)

Provide Medicaid to eligible residents of the state even if they are absent for a protracted period. When determining state of residence for absent Medicaid-only individuals, consider variables such as institutional status, age, and ability to express intent. For Medicaid-only residency purposes, a person is not able to express intent when one of the following situations occurs:

• the individual has an IQ of 49 or less, or has a mental age of 7 or less, based on tests acceptable to the mental retardation agency in the state,

• the individual is judged legally incompetent by a court of law, or

• a physician, psychologist, or other person licensed by the state in the field of mental retardation states the individual is not capable of indicating intent.

When two or more states cannot resolve which is the state of residence, the state where the individual is physically located is the state of residence for Medicaid purposes.