303.19 Medicaid-Only Residency: Institutionalized Individuals under Age 21 SR 94-04, 04/94 (FAM-A)

Establish the state of residence of an institutionalized minor child or an individual under age 21 who is incapable of expressing intent according to the most appropriate formula below:

• Use the state of residence of the parent or legal guardian at the time of placement.

- If there are two parents and they live in different states, use the state of residence of the parent filing the application for assistance.

• Use the current state of residence of the parent or legal guardian.

- If a legal guardian has been appointed and parental rights terminated, use the state of residence of the guardian, not a parent.

• When there is both a financial and legal guardian, use the legal guardian to establish residency.

• In instances of abandonment or parental death, when the individual is placed by someone other than a parent or guardian, use the state of residence of the person who files the application if the individual is institutionalized in that state.