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Chapter: 1400 Technical Requirements Program: MSSI, SFP 41 1440.0307 Residents of Title XIX Facilities (MSSI, SFP) For any institutionalized individual under age 21 who is neither married nor emancipated, the state of residence is:

1. the parent's or legal guardian's state of residence at the time of placement (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's); or 2. the current state of residence of the parent or legal guardian who files the application if the individual is institutionalized in that state (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's); or 3. the state of residence of the individual or party who files an application is used if the individual has been abandoned by his parent(s), does not have a legal guardian and is institutionalized in that state.

For any institutionalized individual age 21 or older who became incapable of indicating intent before age 21, the state of residence is:

1. that of the parent applying for Medicaid on the individual's behalf, if the parents reside in separate states (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's); 2. the parent's or legal guardian's state of residence at the time of placement (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's); 3. the current state of residence of the parent or legal guardian who files the application if the individual is institutionalized in that state (if a legal guardian has been appointed and parental rights are terminated, the state of residence of the guardian is used instead of the parent's); or 4. the state of residence of the individual or party who files an application is used if the individual has been abandoned by his parent(s), does not have a legal guardian, and is institutionalized in that state.

For any institutionalized individual age 21 or older who became incapable of indicating intent at or after age 21, the state of residence is the state in which the individual is physically present, except where another state makes a placement.

For any other institutionalized individual, the state of residence is the state where the individual is living with the intention to remain there permanently or for an indefinite period.

Title XIX facilities include, but are not limited to, the following: nursing homes, ICF/DD facilities, and state mental health hospitals. The same policies apply to individuals placed in temporary long term care settings such as swing beds and hospital based distinct part nursing facility beds. 1440.0309 Residency Verification (MSSI, SFP) If residency is established by intent to remain in the state, verification is only necessary when the residency statement is questionable.

Residency due to employment purposes must be verified. Verification includes but is not limited to the following:

1. home visits, 2. collateral contacts, 3. rent/mortgage or utility receipts, 4. other forms of ID, 5. driver's license records,