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(i) Inmate status shall apply to an individual who is accused of a criminal offense and is sent directly to an IMD either for a mental examination or because the individual is determined mentally incompetent to stand trial.

(ii) An individual committed by a court to an IMD based on a verdict of not guilty by reason of insanity may not be considered an inmate of a public institution.

(4) Children Younger than 21 Years Old Committed to a Correctional Facility.

(a) A child committed by a court to a correctional institution due to a violation of the law shall be considered incarcerated as an inmate of a public institution.

(b) A child committed to the custody of the Maryland Department of Juvenile Services shall be considered incarcerated as an inmate of a public institution if the child is placed in a State-owned and State-operated facility, and that status shall continue until the child is released from the facility.

(c) A child committed to the custody of the Maryland Department of Juvenile Services may not be considered an inmate of a public institution if the child is living:

(i) With the child's parent, caretaker relative, or legal guardian; (ii) In a group home serving no more than 16 residents; or (iii) In a privately operated facility under the jurisdiction of the Maryland Department of Juvenile Services.

C. Institution for Mental Disease (IMD).

(1) An institutionalized individual younger than 65 years old who is admitted for residence in an institution for mental disease is not eligible for Medical Assistance, unless the applicant or recipient is:

(a) Younger than 22 years old; and

(b) Receiving inpatient psychiatric services for individuals younger than 21 years old.

(2) Inpatient psychiatric services for individuals younger than 21 years old may be provided: (a) To individuals who are younger than 21 years old; or (b) Until the earlier of the date that the individual: (i) No longer requires the services; or