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UPDATED: AUGUST 1999

513

OTHER ELIGIBILITY REQUIREMENTS

STATE RESIDENCE AND RESPONSIBILITY FOR ASSISTANCE

Description: The state of residence of an A/R is where s/he is domiciled. A person’s domicile, or legal residence, is the principal and permanent home to which the person, wherever temporarily located, always intends to return. Policy: Medicaid is provided to otherwise eligible persons domiciled in New York State, regardless of the length of their residence. Local districts rely on a person’s intent in determining the state of legal residence, unless the person’s actions are inconsistent with that intent.

References: SSL Sect.

62

Dept. Reg.

349.4(b) 360-3.2(g)

ADMs

OMM/ADM 97-1 93 ADM-34 87 ADM-22

Interpretation: An A/R’s State of residence is determined by a preponderance of factors, including, but not limited to: the address where the A/R is currently residing; the address from which s/he is registered to vote; his/her mailing address; the abandonment of any prior residence; and his/her health when s/he entered the district. The state that is responsible for providing Medicaid is the state where the A/R is domiciled.

Generally, when an SSI cash recipient enters New York State with the intent to remain, the district where s/he resides is responsible for providing him/her with Medicaid beginning with the date s/he entered New York State (provided the recipient was not placed in New York by another state). When an SSI recipient moves into New York State and continues to be eligible for SSI, the Social Security Administration (SSA) will change the state responsible for making state supplement payments to the recipient. The date of this change is the first of the month following the month in which the recipient moved. The date of the change will appear on the SDX in field 74 "Date Residency Began".

If an SSI recipient incurs a bill after entering New York State, but prior to the date in field 74 "Date Residency began" Medicaid is provided by the local district where the recipient resides. Medicaid coverage begins on the first of the month prior to the month of the (MRG)