301.03 How to Determine Residency for Medical Assistance (MAM)

SR 14-17 Dated 09/14

Previous Policy

If the individual is...

the state of residency is...

Noninstitutionalized (any age),

. the state the individual is living in, with the intent to remain permanently or for an indefinite period.

Exception: An individual aged 18-22 and a full time student in NH is not considered a resident of NH when determining eligibility for medical assistance if:

. neither of the individual's parents live in NH;

. the student is claimed as a tax dependent by someone in another state; and

. the student is applying on his or her own behalf.

Individuals who meet the criteria above are considered to be in NH temporarily and are not considered to be NH state residents during the medical assistance eligibility determination process.

Institutionalized, age 21 or over,

. capable of indicating intent,

. the state where the individual is living with the intention to remain permanently or for an indefinite period.

. became incapable of indicating intent at or after age 21,

. the state in which the individual physically resides.

 Exception: If another state placed the individual, the state of residence remains with the placing state.

. became incapable of indicating intent before age 21,

. the parent or legal guardian's state of residence at the time of placement.

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

- If a legal guardian has been appointed and parental rights terminated, use the legal guardian's state of residence.

- If there is both a legal guardian of the person and a financial guardian, use the legal guardian of the person to establish residency.

. the state where the person who files the application resides, if the individual has been abandoned, the child's parent has died, or someone other than a parent or guardian has placed the child..

Institutionalized, under age 21:

. Emancipated, or married and capable of indicating intent,

. the state in which the individual physically resides.

. Incapable of indicating intent,

. the parent or legal guardian's state of residence at the time of placement.

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

- If a legal guardian has been appointed and parental rights terminated, use the legal guardian's state of residence.

- If there is both a legal guardian for the child and a financial guardian, use the legal guardian's state of residence to establish residency.

. the state where the person who filed the application resides, if the child has been abandoned, the child's parent has died, or someone other than a parent or guardian has placed the child.