Page 1940

West Virginia Income Maintenance Manual Chapter 24

West Virginia Income Maintenance Manual Page 15 Chapter 24 Long Term Care

24.5 COMMON ELIGIBILITY REQUIREMENTS Individuals receiving payment for nursing facility services must meet all common eligibility requirements in Chapter 2. This section contains additional residency requirements for nursing facility eligibility. The client meets the residency requirement when he is living in, not visiting, West Virginia with the intention of remaining permanently or for an indefinite period. 24.5.1 EXPRESSION OF INTENT TO LIVE IN WEST VIRGINIA Only a competent adult can express intent. An individual age 21 or over is presumed competent unless there is medical evidence to establish: • An IQ of 49 or less; or • A mental age of 7 or less; or • Legal incompetence. When the client is institutionalized, the client's intent is used to determine the state of residence. For any institutionalized individual age 21 or over who is incapable of expressing intent and was not placed by a state agency, the state of residence is the state in which the individual is living. 24.5.2 MINORS The state of residence for an institutionalized individual under age 21 is the state of residence of the child's parent(s) or legal guardian, if they currently live in the same state. If the child and his parent(s)/legal guardian do not live in the same state, the state the parent(s)/legal guardian lived in at the time the child was institutionalized is the child's state of residence. If a minor child has married or in some other way becomes emancipated, the child is considered capable of expressing intent.