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COMAR 10.09.24.05

544

State of Maryland Medical Assistance Manual Revised July 2012

500.10 Institution (a)Inmate of a Public Institution In order to be eligible for Medical Assistance, a person may not be an inmate of a public institution. An “inmate of a public institution” is defined as an individual who is incarcerated and serving a sentence imposed by the court for a criminal offense or an individual who is otherwise confined involuntarily in a public correctional facility, including a State- owned and operated juvenile service facility. This section does not apply to the first partial month of residence in a public institution. A person is considered to be incarcerated as an inmate of a public non-medical institution because he or she has been accused or found guilty of a criminal offense. Inmate status includes when the individual is involuntary residing for any duration of time in a public institution awaiting criminal proceedings, penal dispositioning, or other involuntary detainment determination Placement or admittance to the facility must be involuntary (by a legal process). An individual who is voluntarily residing in a public institution would not be considered an inmate. A public institution is defined for this purpose as a non medical facility in which a person lives and receives the treatment or the services provided by the facility. It does not include a medical institution, nursing facility, or a publicly operated community residence serving no more than 16 residents. A person is not considered an inmate if he or she is in a: o Public educational or vocational training institution for the purpose of receiving educational or vocational training or o Public institution for a temporary period pending other arrangement appropriate to his or her needs A person who is injured during the commission of a criminal act, is hospitalized and has not yet been incarcerated because of the hospitalization is not considered an inmate and may receive Medicaid, if otherwise eligible. The inmate status does not end until a person is released from the institution on parole or otherwise. During the time that the person is physically in the public institution after any initial partial month, he or she may be eligible for fee-for service Medicaid if hospitalized. A person who is injured during the commission of a criminal act, is hospitalized and has not yet been incarcerated because of the hospitalization is not considered an inmate any may receive Medicaid, if otherwise eligible. The inmate status does not end until a person is released from the institution on parole or otherwise. During the time that the person is physically in the public institution after any initial partial month, he or she may be eligible for fee-for service Medicaid if hospitalized. A person’s inmate status continues until the indictment is dismissed or for other reasons (bail, parole, probation, pretrial release, home detention, or pardon). Upon release from