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where the person had resided prior to the placement. In many cases the family member's clear intent may be to move the applicant back to the other state as soon as a bed becomes available. However, it is the applicant's intent that must be determined. If the applicant is incapable of indicating intent, he is considered an Indiana resident unless the other state arranged the placement. Section 2406.20.10.05 explains what constitutes placement by a state.
2406.20.10.05 OUT-OF-STATE PLACEMENT IN AN INSTITUTION The state arranging or making a placement is considered as the individual's state of residence. This includes any agency of the state or entity recognized under state law as being under contract with the state for such purposes.45
Any action beyond providing information to the individual and his family would constitute arranging or making a state placement. The following actions do not constitute state placement: • Providing basic information to individuals about another state's Medicaid program, and information about the availability of health care services and facilities in another state; or • Assisting an individual in locating an institution in another state, provided the individual can indicate intent and independently decides to move. When a state has made a placement of a competent individual and such individual leaves that facility, the individual's state of residence is where he is physically located. When a placement is initiated by a state because the state lacks enough appropriate facilities to provide services to its residents, the state making the placement is the individual's state of residence.
2406.25.00 TEMPORARY ABSENCE FROM INDIANA Residence is retained until abandoned. Temporary absence from Indiana, with subsequent returns to the state or intent to return when the purpose of the absence has been accomplished, does not interrupt continuity of residence. Assistance cannot be discontinued when an individual leaves the state temporarily and no other state recognizes him as a resident for assistance purposes during the absence.46
2406.30.00 PERMANENT ABSENCE FROM INDIANA If the recipient leaves Indiana with the intent of establishing residence in another state, assistance is to be discontinued.