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COMAR 10.09.24.01-.16 1648 State of Maryland Medical Assistance Manual Revised July 2012
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COMAR 10.09.24.01-.16 1648 State of Maryland Medical Assistance Manual Revised July 2012
(a) Except as otherwise specified in this regulation, a noninstitutionalized, unmarried individual younger than 21 years old is considered a resident of the state where the child lives:
(i) With the child's parent or other caretaker relative; or
(ii) In another living arrangement if the child is not living with the child's parent or other caretaker relative, and the child's parent or other caretaker relative is not responsible for the child's day-to-day care and supervision.
(b) For a child receiving federal payments for foster care or adoption assistance under Title IV-E of the Social Security Act, the child's state of residence is the state where the child lives, even if it is not the state making the payments.
(c) If a noninstitutionalized child's Medical Assistance eligibility is determined based on blindness or disability, the child's state of residence is the state where the child lives.
(2) Noninstitutionalized Adult. A noninstitutionalized adult, including an individual younger than 21 years old who is married or otherwise emancipated from the individual's parents, is considered a resident of the state where the individual lives:
(a) Voluntarily with the intent to remain permanently or for an indefinite period; or
(b) At the time of Medical Assistance application, if the individual is:
(i) Determined as incapable of indicating intent, in accordance with §K of this regulation; or
(ii) Not receiving assistance from another state and entered the state with a job commitment or seeking employment, whether or not the individual is currently employed.
(3) The exclusion of Medical Assistance eligibility under §D of this regulation for individuals who temporarily reside in the state without the intent of remaining shall be waived for members of an assistance unit that includes a migrant worker.
(4) Notwithstanding any other provision of this regulation, the state of residence for an individual placed by a state government in another state is the state that arranges or makes the placement for medical or other publicly funded services.
J. Additional Residency Criteria for Institutionalized Individuals.
(1) For an institutionalized adult, including an individual younger than 21 years old who is married or otherwise emancipated from the individual's parents, the state of residence is the state where the individual is institutionalized, if the individual indicates the intent to remain in the long-term care facility indefinitely.