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Manual Title Chapter Page Revision Date Virginia Medical Assistance Eligibility M02 May 2015 Subchapter Subject Page ending with Page M0230 VIRGINIA RESIDENCY REQUIREMENTS M0230.202 4

C. Under Age 21, Custody or Adoption Agreement with Another State When another state’s child-placing agency has custody of a child who lives in Virginia with a foster family, the child is NOT a Virginia resident unless the child is eligible as a IV-E Foster Care child and receives a IV-E Foster Care maintenance payment. 1. IV-E Eligible Children A Title IV-E Foster Care child who lives in Virginia and who receives a Title IV-E maintenance payment from another state meets the Virginia residency requirements for Medicaid. A Title IV-E Adoption Assistance child who lives in Virginia and has a Title IV-E Adoption Assistance agreement in effect with another state’s child- placing agency meets the Virginia residency requirements for Medicaid. 2. Non-IV-E Foster Care Children A non-IV-E Foster Care child placed in Virginia from another state does NOT meet the Virginia residency requirements for Medicaid unless placed with and residing in Virginia with a parent or caretaker-relative. 3. Foster Care Children with SSI A foster care child who receives Supplemental Security Income (SSI) benefits meets the Virginia residency requirement regardless of which state’s child- placing agency maintains custody. 4. Non-IV-E Adoption Assistance and Adoptive Placement Children A child who lives in Virginia with an adoptive family is considered to be living with a parent, regardless of whether a final order of adoption has been entered in court. When his adoptive parent is a Virginia resident, the child is a Virginia resident for Medicaid eligibility purposes. A Non-IV-E Adoption Assistance child whose adoption assistance agreement is signed by another state’s child- placing agency is a Virginia resident when the child lives in Virginia with the adoptive parent(s).

M0230.202 INDIVIDUALS AGE 21 OR OLDER

A. Introduction For an individual age 21 or older, the determination of state residency depends on • whether or not the individual is in an institution, and

• whether or not the individual is capable of indicating his or her intent to reside in the state. B. Age 21 Or Older NOT In An Institution For any individual age 21 or older NOT residing in an institution, the state of residence is Virginia when: • the individual is living in Virginia with or without a fixed address with the intention to reside in Virginia;

• the individual is living in Virginia and entered the state with a job commitment or seeking employment (whether or not currently employed).

• the individual is incapable of indicating intent and the individual is living in Virginia.