301.01 Individuals Incapable of Indicating Intent of Residency (MAM)

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For medical assistance-only purposes, a person is not able to express intent of residency 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 indicates that the individual is not capable of indicating intent.

References: 42 CFR 435.403