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CODE OF COLORADO REGULATIONS 10 CCR 2505-10 8.100 Medical Services Board

19 b. for any institutionalized individual who became incapable of indicating intent at or after age 21, (1) the state of residence is the state in which the person was living when he or she became incapable of indicating intent, or (2) if this cannot be determined, the state of residence is the state in which the person was living when he or she was first determined to be incapable of indicating intent; c. upon placement in another state, the new state is the state of residence unless the current state of residence is involved in the placement. If a current state arranged for an individual to be placed in an institution located in another state, the current state shall be the individual's state of residence, irrespective of the individual's indicated intent or ability to indicate intent; d. in the case of conflicting opinions between states, the state of residence is the state where the individual is physically located. 3. For purposes of this section on establishing an individual's state of residence, an individual is considered incapable of indicating intent if: a. the person has an I.Q. of 49 or less or has a mental age of 7 or less, based on standardized tests as specified in the persons in medical facilities section of this volume; b. the person is judged legally incompetent; or c. medical documentation, or other documentation acceptable to the eligibility site, supports a finding that the person is incapable of indicating intent. 4. Residence shall be retained until abandoned. A person temporarily absent from the state, inside or outside the United States, retains Colorado residence. Temporarily absent means that at the time he/she leaves, the person intends to return. 5. A non-resident shall mean a person who considers his/her place of residence to be other than Colorado. Any person who enters the state to receive Medical