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UPDATED: AUGUST 1999

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OTHER ELIGIBILITY REQUIREMENTS LIVING ARRANGEMENTS

PUBLIC INSTITUTIONS

Description: A public institution is a non-medical facility that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control. Public institutions do not include a community residence serving 16 or less residents; or a child care institution serving 25 or less residents. Policy: Medicaid cannot be provided to residents of non-medical public institutions, except when the public institution is:

• a shelter for homeless adults operated by a social services district, regardless of size;

• a correctional facility nursery. An infant/child residing in a correctional facility nursery while the mother is serving a prison term may receive Medicaid (See OTHER ELIGIBILITY REQUIREMENTS PUBLIC INSTITUTIONS INFANTS RESIDING WITH INCARCERATED MOTHERS);

• a public emergency shelter for homeless adults. Persons residing in a public emergency shelter for homeless adults may be eligible for Medicaid when the A/R is: in receipt of or eligible for S/CC; over the age of 18 and otherwise eligible; or SSI-related. However, an SSI-related A/R may be claimed FP for only six (6) months during a nine (9) month stay within 12 consecutive months. When the six months of federal participation expires, the SSI-related A/R may be claimed FNP. Persons residing in a family shelter are not subject to such categorical restrictions; or,

• a public home operated by a county. Residents of a county- operated public home may be eligible for Medicaid, without federal reimbursement.

References: SSL Sect.

365 366

Dept. Reg.

360-3.4(a)(1)

491.1-4 500.2 500.1

(MRG)