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Manual Title Chapter Page Revision Date Virginia Medical Assistance Eligibility M02 March 2011 Subchapter Subject Page ending with Page M0230 VIRGINIA RESIDENCY REQUIREMENTS M0230.100 2

G. Residency in Virginia Prior to Admission to Institution The agency may not deny Medicaid eligibility to an individual in an institution who meets the Virginia residency requirements previously identified in this subchapter, because the individual did not establish residence in Virginia before entering the institution. H. Temporary Absence The agency may not deny or terminate Medicaid eligibility because of that individual's temporary absence from Virginia if the individual intends to return to Virginia when the purpose of the absence has been accomplished, UNLESS another state has determined that the individual is a resident there for Medicaid purposes. I. Disputed or Un- clear Residency If state residency is unclear or is in dispute, contact the regional specialist for help in resolution. When two or more states cannot resolve the residency, the state where the individual is physically located becomes the state of residence.

M0230.100 DEFINITION OF TERMS

A. Introduction For purposes of this subchapter only, the terms in this section have the following meanings: B. Institution An establishment that furnishes (in single or multiple facilities) food, shelter, and some treatment or services to four or more persons unrelated to the proprietor is an institution. For purposes of state placement of an individual, the term "institution" also includes foster care homes approved by the state and providing food, shelter and supportive services to one or more persons unrelated to the proprietor. C. In An Institution "In an institution" refers to an individual who is admitted to live in an institution and receives treatment or services provided there that are appropriate to his requirements. D. Incapable of Indicating Intent An individual is incapable of declaring his intent to reside in Virginia or any state if the individual: • has an I.Q. of 49 or less or has a mental age of 7 or less, based on tests acceptable to the Virginia Department of Behavioral Health and Developmental Services (DBHDS);

• is judged legally incompetent; or

• is found incapable of declaring intent to reside in a specific state based on medical documentation obtained from a physician, psychologist, or other professional licensed by the State in the field of mental retardation.

E. Virginia Government Agency A Virginia government agency is any state or local government agency, and any entity recognized by State law as being under contract with a Virginia state or local government agency.