2152 Institutionalization

The state of residence for an institutionalized individual shall be:

The state in which the individual’s parent or guardian resides, if the individual is legally incompetent and became incapable of stating intent before the age of 21.

The state in which the individual is living and intends to reside, if the individual is legally competent and capable of stating intent; or

The state that placed the individual in the out-of-state institution. Providing basic information to individuals about another state's Medicaid program or about the availability of health care services and facilities in another state does not constitute a placement action. This would also include assisting an individual in locating an institution in another state provided the individual was capable of intent and independently decided to move. Individuals who are placed in care facilities outside of Kansas by an appropriate agency retain their Kansas residence.

Individuals are considered incapable of intent if: their IQ is 49 or less; or they have a mental age of 7 or less based on reliable tests; or they are judged legally incompetent; or there is medical and social documentation to support a finding that they are incapable of intent.

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2152 Institutionalization

Official source

The state of residence for an institutionalized individual shall be:

The state in which the individual’s parent or guardian resides, if the individual is legally incompetent and became incapable of stating intent before the age of 21.

The state in which the individual is living and intends to reside, if the individual is legally competent and capable of stating intent; or

The state that placed the individual in the out-of-state institution. Providing basic information to individuals about another state's Medicaid program or about the availability of health care services and facilities in another state does not constitute a placement action. This would also include assisting an individual in locating an institution in another state provided the individual was capable of intent and independently decided to move. Individuals who are placed in care facilities outside of Kansas by an appropriate agency retain their Kansas residence.

Individuals are considered incapable of intent if: their IQ is 49 or less; or they have a mental age of 7 or less based on reliable tests; or they are judged legally incompetent; or there is medical and social documentation to support a finding that they are incapable of intent.