loading…
loading…
loading…
COMAR 10.09.24.05
551
State of Maryland Medical Assistance Manual Revised July 2012
(d) Residence of an Institutionalized Person
Effective immediately, an institutionalized person is a resident of the State in which he is residing with the intention of remaining permanently or for an indefinite period.
A resident of another state who enters Maryland for a temporary period is not a
resident of the state and must apply for MA in the state where he formerly
resided.
A person who leaves Maryland to reside in an Long Term Care Facility (LTCF) in
another state is not a resident of the state and must apply for MA in the state
where he/she is residing.
If the person is a Maryland MA recipient, their case must be cancelled with timely and adequate notice. The person may apply for Medicaid in the state of his new residence. The person becomes ineligible as a Maryland resident on the day he arrives in the other state with the intention of remaining there permanently or for an indefinite period. Since there is no durational residence requirement, the person becomes a resident of the other state on the date of arrival in that state.
The LDSS may expedite the eligibility process in the new state by sharing case information.
(1) Placement by a State in an Out of State Institution
In the instance of a state placing a person in an out of state facility, the following policies apply:
Any agency of the State that arranges for a person to be placed in an institution
located in another state, including an entity recognized under state law as being
under contract with the state for such purposes, is recognized as acting on behalf
of the state in making a placement. The state which arranges or actually makes the
placement is considered the person’s state of residence.
Any action beyond providing information to the person or the person’s family
constitutes arranging or making a state placement. However, the following actions
do not constitute State Place: o Providing basic information to person(s) about state’s Medicaid program or about the availability of health care services and facilities in another state. o Assisting a person in locating an institution in another state, provided the person is capable of indication intent and independently decides to move.
When a competent person leaves the out of state facility in which he/she has been
placed by a state, that person’s state of residence, for Medicaid purposes, is the
state where the person physically resides.
Where a placement is initiated by a state because the state lacks a sufficient
number of appropriate facilities to provide services to its residents, the person’s
state of residence is, for Medicaid purposes, the state making the placement.