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COMAR 10.09.24.05

538

State of Maryland Medical Assistance Manual Revised July 2012

Notwithstanding any other provisions of this regulation, the state of residence for a person placed in another state is the state making the placement.

(b) Residency Criteria for Institutionalized Person(s) For the purpose of this section, a person is considered incapable of indicating intent if: The applicant IQ is 49 or less or has a mental age of 7 or less based on tests acceptable to the DHMH Developmental Disabilities Administration The applicant is judged legally incompetent Medical documentation or other documentation acceptable to the State, supports a finding that he is incapable of indicating intent.

Most persons residing in Maryland institutions are considered Maryland residents. However, some of those people should not be considered Maryland residents (such as, a person placed by another state in Maryland facility or a person under 21 years of age whose parents do not live in Maryland). For all other institutionalized persons, the ability to indicate intent with regard to state residency governs the determination of the state of residence. A person who had been judged legally incompetent or has been determined to be incompetent according to the procedures set forth above may not make a blinding statement of intent on his own behalf. The date on which the person is considered to have become incapable of indicating intent will be the date established by the court as the first day of incompetency, the date of the adjudication if not prior day of onset is specified by the court, or the date established by the certifying physician. The incompetency status will continue until rescinded by the court or revised by the certifying physician. The person for whom current (within 6 months of the date of application) IQ or mental age determination exists will be determined incapable of indicating intent if those findings indicate and IQ of 49 or less or mental age 7 or less. The IQ or mental age determination must have been made by a testing agency approved to administer IQ or mental age tests by the state of Maryland. Approved agencies include federal, state, and local governments; local boards of education; and licensed psychiatrists, psychologists, psychiatric, psychological, and associations. The effective date of the inability to indicate intent will be the date established by the testing agency as the earliest date to which the findings are applicable, or the date of the testing if no prior date of applicability is specified by the testing agency. The IQ or mental age determination will remain applicable until modified by a more recent IQ or mental age determination made by an approved testing agency. An applicant is not required to prove IQ or mental age. Any other institutionalized person will be assessed on the basis on the applicant statement of their ability to indicate intent, if the applicant is representing their in the application process. A person is a resident of Maryland if the applicant resides in an institution in Maryland,