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COMAR 10.09.24.01-.16 1653 State of Maryland Medical Assistance Manual Revised July 2012
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COMAR 10.09.24.01-.16 1653 State of Maryland Medical Assistance Manual Revised July 2012
(b) A public institution does not include a medical institution, nursing facility, or a publicly operated community residence serving no more than 16 residents.
(3) Inmate Status.
(a) An individual is considered incarcerated as an inmate of a public institution if the individual resides in a public institution involuntarily as a result of being accused or found guilty of a criminal offense, including the duration of time in which the individual is involuntarily residing in the public institution in a preadjudication or pretrial status awaiting criminal proceedings, penal dispositioning, or other involuntary detainment procedure.
(b) An individual may not be considered an inmate of a public institution if the individual resides in a public:
(i) Institution voluntarily and not as the result of a legal criminal process;
(ii) Educational or vocational training institution for the purpose of receiving educational or vocational training; or
(iii) Institution for the first partial month of residence or for a temporary period pending other arrangements appropriate to the individual's needs.
(c) Hospitalization as a Result of the Commission of a Crime. An individual who is hospitalized as a result of an injury sustained during the commission of a crime and has not yet been incarcerated because of the hospitalization may not be considered an inmate of a public institution.
(d) Retaining Inmate Status. Except as provided in §B(3)(f) of this regulation, an individual's inmate status continues until the criminal indictment against the individual is dismissed or the individual is released from the public institution.
(e) An individual who is not present at the correctional facility during the day, because the individual is attending a day treatment program or participating in day-time employment, but who resides in a correctional facility at night, shall be considered an inmate of a public institution.
(f) Inmate Admitted to Medical Institution. An inmate may be covered by Medical Assistance during the period when the inmate is admitted as an inpatient of a medical institution, such as a hospital, nursing facility, or juvenile psychiatric facility, and is receiving services covered by Medical Assistance.
(g) Individual Sent to an Institution for Mental Disease (IMD).