Page 37
is subject to the home exclusion the following decision Rules apply: (AA) If the applicant and applicant's spouse live in separate residential properties in Rhode Island in which they share ownership, the home exclusion applies to the residential property where the person lived at the time the application for Medicaid health coverage was received by the State. (BB) If each spouse lives in a separate residential property in Rhode Island in which they share ownership, and both spouses apply for Medicaid, the home exclusion applies to the property where the spouse who applied first resides. (CC) If both spouses apply on the same day, the spouses must agree in writing which home is to be excluded. If no agreement can be reached, the home exclusion is applied to the residential property with the greatest value. (3) Out-of-State Residences. To be eligible for Medicaid, a person must be a Rhode Island resident and, as such, have intent to stay in the State permanently or for an indefinite period. Accordingly, an applicant who declares an out-of- State residential property as a home to return to is not considered a Rhode Island resident for the purposes of determining Medicaid eligibility. The out-of-State residence is considered a countable resource. (4) Multi-State Residences – When a person owns residential properties both in and out-of-State, the home exclusion is applied to the residential property located in Rhode Island. The value of any out-of-State residential property is a countable resource, even if it is the principal place of residence of the applicant's spouse/dependent child, as long as the applicant maintains an ownership interest in any Rhode Island residential property. (5) Out-of-State property owner – If the person does not own residential property in Rhode Island but lives and intends to remain in the State, the home exclusion may be applied to an out-of-State residential property if, and only if, it is the principal place of residence of the person's spouse or dependent child.