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COMAR 10.09.24.05

539

State of Maryland Medical Assistance Manual Revised July 2012

except as provided elsewhere in this section. Notwithstanding any other provisions of his section, the state of residence for a person placed in an institution located in another state is the state making the placement. A resident of a long term care facility in Maryland can intend to remain in that facility for an indefinite period and can be considered a Maryland resident while still having an intention to return to his home out of state at the end of his institutional stay. The out-of- state home may be excludable as home property. A person younger than 21 years old is a resident of the state which: o The applicant parents (or legal guardian if one has been appointed) reside; or o The parent applying for Medical Assistance on the applicant behalf resides (if the parents reside in separate states and there is no appointed legal guardian).

An institutionalized person who is 21 years old or older and became incapable of

indicating intent when the applicant was younger than 21 years old, is a resident of the

state in which: o The applicant or legal guardian (if one has been appointed) reside; or o The parent applying for Medical Assistance on the applicant’s behalf resides (if the parents reside in separate states and there is no appointed legal guardian).

Any other person who is 21 years old or older is a resident of the state in which the applicant is living with the intention to remain permanently or for an indefinite period.

(c) Visitor Visas, State Residency, and Emergency Medical Services State residency is a requirement of eligibility for all coverage of emergency medical services in coverage group X02. A person who entered the State of Maryland for a temporary purpose cannot be considered a resident of Maryland unless the person subsequently decides to remain permanently or for an indefinite period and can verify this intent. An alien with a visitor’s visa or other time-limited approval for U.S. entry may be considered a Maryland resident if the person entered the state:

With a job commitment or seeking employment including a migrant worker or On a temporary basis but remained in Maryland and established it as the State where he/she lives.

An alien’s student visa or other immigration documents may indicate a specific period of time that the person was approved to remain in the U.S. by the Department of Homeland Security. If CM knows that an applicant has a visitor’s visa or other time-limited visa, this is cause for questioning the individual’s residency. Applicants may be asked about their intent to remain in Maryland and how they intend to stay in Maryland. If there is any question about whether the