The Receipt of Medicaid (MA) Is Limited to Residents of the State

Volume IVA OMTL-492 Medicaid and State Supplementation R. 10/19/15

MS 1580 [RESIDENCY (1)

The receipt of Medicaid (MA) is limited to residents of the state.

Kentucky residents who are temporarily absent are considered residents as long as they state they intend to reside in Kentucky. Example: An individual is out of state for college, military, vacation, etc.

A. Individuals are considered residents if they:

1. Live in Kentucky with intent to remain or for an indefinite period;

2. Have moved to Kentucky seeking employment, with or without a job commitment; or

3. Live in Kentucky and are:

a. Incapable of stating intent; or b. Blind or disabled and under 21 years old.

B. Institutionalized individuals must meet residency requirements.

1. The state of residence for individuals under age 21, who reside in an institution, including a personal care home (PCH), is:

a. The state where the parent or legal guardian lives at the time of placement; or b.The state where the person lives who files the application, if the individual has been abandoned by his or her parents, does not have a legal guardian, and is institutionalized in that state.

2. For the institutionalized or PCH individual who is age 21 or older who became incapable of indicating intent prior to age 21 the state of residence may be that of the parent, or guardian when parental rights have been terminated, applying for MA on the individual's behalf, if the parents reside in separate states.

3. For the institutionalized or PCH individual who became incapable of indicating intent at or after age 21, the state of residence is the state in which the individual is physically located, unless another state made the placement.

C. Individuals who are residing in the state on a temporary basis DO NOT meet residency requirements for MA eligibility. Individuals residing in the state on a temporary basis include, but are not limited to, students who state they will return to their home state at the end of the school year, Job Corps participants whose caretaker relative resides out-of-state, visitors, tourists and certain aliens who enter the U.S. on a temporary basis.

1. If there is reason to believe that an applicant is residing in the state on a temporary basis, the worker is to thoroughly question the individual and MS1580 (2) document the case record regarding the individual’s statements of residency.

2. Aliens who are legally present in the U.S. with a valid visa, such as students and tourists, DO NOT meet state residency requirements due to the time-limited status of their stay in the state/country. These aliens are identified by the following types of INS documentation:

(1)Form I-185, Canadian Border Crossing Card; (2)Form I-186, Mexican Border Crossing Card; (3)Form SW-434, Mexican Border Visitor’s Permit; (4)Form I-95A, Crewman’s Landing Permit; and (5)Form I-94, Arrival-Departure Record with letter codes A through L. The letter code indicates the entry status and has a number after it (e.g., B-2, H-3, etc.).

The following list defines the specific letter codes:

A – Foreign government official; B – Visitor for business or pleasure; C – Alien in travel status; D – Alien crewman; E – Treaty trader and investor and family; F – Alien student; G – Representative and personnel of international organizations; H – Temporary worker; I – Members of foreign press, radio or other information media; J – Exchange visitor; K – Fiancé or fiancée of U.S. citizen and their children; or L – Intra-company transferees and their families.

Undocumented aliens and aliens who remain in the U.S. after the expiration dates of their visas may meet residency requirements for time-limited MA coverage if the individual indicates he/she resides in the state and declares intent to remain in the state or for an indefinite period of time.

D. Do NOT deny MA because the individual:

1. Has not lived in the state for a specified period;

2. Did not establish residence in the state before entering an institution; or

3. Does not maintain a fixed or permanent address.

E. In cases of disputed residency, where two or more states cannot resolve which is the state of residence, the state of residency is the state where the individual is physically located.]