(c) Individual is institutionalized if the individual was abandoned by the individual's parents and does not yet have a legal guardian.
(4) Notwithstanding any other provision of this regulation, the state of residence for an individual institutionalized by a state government in an out-of-state facility is the state that arranges or makes the placement.
(5) The Department may not deny Medical Assistance eligibility to an institutionalized individual who satisfies the residency requirements of this regulation, on the grounds that the individual did not establish Maryland residency before entering the long-term care facility.
K. An adult is considered incapable of indicating intent if the individual:
(1) Has an Intelligence Quotient of 49 or less, or a mental age of 7 years old or younger, based on tests acceptable to the Department's Developmental Disabilities Administration;
(2) Is judged legally incompetent; or
(3) Is found incapable of indicating intent based on medical documentation obtained from a physician, psychologist, or other person licensed by the state in the field of mental retardation.
.05-4 Nonfinancial Eligibility Requirements — Age, Blindness, and Disability.
A. Age.
(1) An age is reached on the day of the anniversary of birth.
(2) For determining an individual's age, July 1 shall be used as an arbitrary birth date if the year, but not the month, of birth is known.
