21.02 Incapability of indicating intent

23 42 CFR §§ 435.1009 and 435.1010. 24 42 CFR §§ 435.1009 and 435.1010. This is also based on various letters from CMS to states, inquiring about the availability of federal funds participation for inmate inpatient health care. 25 42 CFR § 435.403; 45 CFR § 155.305(a)(3). Note: The Exchange rules speak in terms of residence within the Exchange’s “service area.” However, as there will be a single “service area” in Vermont, for both Medicaid and QHP enrollment, this rule speaks in terms of residence within the state. Nonfinancial eligibility requirements Part 3 – Page 15 (Sec.21.00, Sub.21.03) For purposes of this section, an individual is considered incapable of indicating intent regarding residency if the individual: Has an I.Q. of 49 or less or has a mental age of 7 years or less, based on tests acceptable to AHS; Is judged legally incompetent; or Is found incapable of indicating intent based on medical documentation obtained from a physician, psychologist, or other person licensed by the state in the field of intellectual disabilities.