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UNOFFICIAL 1714.1-11 (k) Evidence of immigration status may not be used to determine that an individual is not a State resident. [Eff 09/30/13] (Auth: HRS §346-14; 42 C.F.R. §§435.403, 435.945, 435.956) (Imp: HRS §346- 14; 42 C.F.R. §§435.403, 435.945, 435.956)

§17-1714.1-21 Eligibility requirements for a resident of a public institution. (a) An individual shall not be eligible for medical assistance when the individual is: (1) An inmate in a public institution; or (2) Under age sixty-five who is a resident or patient in an institution for mental disease or tuberculosis, unless the individual is under age twenty-two and is in receipt of inpatient psychiatric services. (b) An individual described in paragraph (a) shall be eligible for medical assistance during that part of the month in which the individual has been paroled from a public institution, or is on conditional release or convalescent leave from an institution for mental diseases or tuberculosis. (c) An individual on conditional release or convalescent leave from an institution for mental diseases is not considered to be a patient in that institution, unless the individual is under age twenty-two and in receipt of inpatient psychiatric services, until the individual is unconditionally released or, if earlier, reaches age twenty-two years. (d) An individual shall not be considered an inmate of a public institution when the individual is in a public educational or vocational training institution for purposes of securing education or vocational training; or is in a public institution for a temporary period pending other arrangements appropriate to the individual’s needs. (e) An inmate of a public institution may be eligible, provided all other requirements are met, for inpatient services that are provided in a medical institution that is not located on the grounds of the public institution. [Eff 09/30/13] (Auth: HRS