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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 6 An individual who is placed in an institution in another State by a Delaware agency including an entity recognized under State law as being under contract with the State for such purposes is considered a Delaware resident. The State arranging or actually making the placement is considered as the individual's State of residence. Any action beyond providing information to the individual and the family constitutes arranging or making a State placement. 17 DE Reg. 503 (11/01/13) 23 DE Reg. 303 (10/01/19) 14110.3 Actions which do not Constitute State Placement (42 CFR 435.403 (e)) The following actions do not constitute State placement: a. Providing basic information to the individual about another State's Medicaid program and information about the availability of services and facilities in another State. b. Assisting an individual in locating an institution in another State, provided the individual is capable of indicating intent and independently decides to move. c. When a competent individual leaves the facility in which he/she is placed by State, the individual’s State of residence for Medicaid purposes is the State where the individual is physically located. 17 DE Reg. 503 (11/01/13) 23 DE Reg. 303 (10/01/19) 14110.4 Lack of Appropriate Facility (42 CFR 435.403 (e)) Where a placement is initiated by a State because the State lacks a sufficient number of appropriate facilities to provide services to its residents, the State making the placement is the individual's State of residence. 17 DE Reg. 503 (11/01/13) 23 DE Reg. 303 (10/01/19) 14110.5 [Reserved] 23 DE Reg. 303 (10/01/19) 14110.6 Individuals Receiving a State supplementary payment (SSP) Per 42 CFR 435.403(f) Individuals of any age who are receiving an SSP, the State of residence is the State paying the SSP. 23 DE Reg. 303 (10/01/19) 14110.7 Individuals Receiving Title IV-E Payments Per 42 CFR 435.403(g) Individuals of any age who are receiving Federal payments for foster care or adoption assistance under title IV-E of the Social Security Act, the State of residence is the State where the child lives. 23 DE Reg. 303 (10/01/19) 14110.8 Individuals Under Age 21 42 CFR 435.403(i) For an individual under age 21 who is not eligible for Medicaid based on receipt of assistance under title IV-E of the Act, as addressed 14110.7 of this section, and is not receiving a State supplementary payment, as addressed in paragraph 14110.6 of this section, the State of residence is as follows: a) For an individual who is capable of indicating intent and is married or emancipated from his or her parent, and is not residing in an institution, the State of residence is where the individual is living; and • intends to reside including without a fixed address, or