RESIDENCE REQUIREMENTS FOR
INSTITUTIONALIZED PERSONS
§ 148.51. Institutionalized persons 21 years old or older.
Residence is determined as follows:
(1) For an institutionalized person 21 years of age or older, who became incapable of indicating intent under § 148.71 (relating to determination of a person’s incapability to indicate intent) before age 21, the state of residence is:
(i) That of the parent applying for MA on the person’s behalf if the other parent resides in a different state. If a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used.
(ii) That of the parent or the legal guardian at the time of placement. If a legal guardian has been appointed and the parental rights are terminated, the state of residence of the guardian is used.
(iii) The current state of residence of the parent or the legal guardian who files the application if the person is institutionalized in the same state. If a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used.
(iv) The state of residence of the person or party who files the application is used if the person has been abandoned by his parents, does not have a legal guardian and is institutionalized in the same state. Abandonment also includes deceased parents, as well as parents who desert their children.
(2) For an institutionalized person 21 years of age or older who became incapable of indicating intent under § 148.71 at or after age 21, the state of residence is the state in which the person is physically present, except if another state makes the placement under § 148.81 (relating to placement by a state in an out-of-State institution).
(3) For other institutionalized persons 21 years of age or older, the state of residence is the state where the person is living with the intent to remain permanently, or for an indefinite period.
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