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State of Maryland Medical Assistance Manual Revised July 2012

the public institution, the individual is considered a community resident and may apply for Medicaid. If residing with his or her child (ren), such person may not be considered an absent parent. The parent must be included in the assistance unit with other family members unless applying separately as ABD. The former inmate’s income and resources, if applicable would be countable for the child (ren) if Medicaid is requested for the child (ren). Interruption or termination of inmate status for a person not in the penal system occurs when the person is transferred to a public or private institution providing medical care and is admitted as an inpatient or resident, regardless of the length of stay. (A person receiving outpatient medical treatment outside of this institution, such as a doctor’s visit, is still considered an inmate and is not eligible for Medicaid). A person (juvenile or adult) who attends a day treatment program or who participates in

day – time employment (such as work release) but who resides in the correctional

facility at night is considered an inmate. The person is note eligible for Medicaid. Inmate status applies when a person is accused of a criminal offense and is sent directly to a mental institution for a mental examination or because he has been determined mentally incompetent to stand trial. A person committed by the court to a mental institution based on a verdict of “not guilty by reason of insanity” is not in the custody of the penal system and may be entitled to Medicaid, if otherwise eligible.

Additional Information Related to Children Committed to the Department of Juvenile Justice Children committed by the court to a correctional institution for a violation of the law are considered inmates of a penal institution. They are not eligible for Medicaid. When children committed to the Department of Juvenile Justice (DJJ) are boarded in State-owned and State-operated institutions or training schools, they are not eligible for Medicaid. A child’s status as an inmate does not cease until the child is released from the facility. A child placed under the custody of DJJ may be eligible for Medical Assistance in the following circumstances: o The child is living with parents. (The income and resources of the parents are counted in determining the child’s eligibility)parent o The child living in a group home. (The child is considered an assistance unit of one, and only the child’s income and resources are used in determining his or her eligibility) o The child is living in a privately-run DJJ facility. (If the child has been placed in a privately-run DJJ institution, the child is not considered to be in a public institution. The child is considered an assistance unit of one, and only the child’s income and resources are used in determining his or her eligibility)