Medicaid Policy                                                                 

207-1 Determining Residency

Effective Date: January 1, 2023

 

Previous Policy

 

Use the following guidelines to determine if an individual is a Utah resident.

A.  Living in the State 

The person must be physically present in the state or temporarily absent to be a resident of Utah. 

1.    A resident need not have a permanent residence or a fixed address. 

2.    Temporary absences after a person has been residing in Utah do not affect residency, if the individual intends to return to Utah when the reason for the temporary absence is accomplished.  Reasons for temporary absences may include schooling, medical care, visits, temporary employment, military service, or temporary religious or other volunteer service such as the Peace Corps.

3.    Do not deny or terminate Medicaid because of a temporary absence if the person intends to return to Utah, unless another state has decided the person is a resident in that state for the purpose of Medicaid eligibility. 

4.    To decide if the absence is temporary, you may need to find out if:

a.    the absence is for a specific period-of-time,

b.     the person is maintaining his home in Utah, or

c.      other factors exist that indicate the person intends to return to Utah when the reason for the absence ends.  

d.    For someone who has recently moved to Utah, see Section 207-6.

B. Duration  

Residency does not require a person to be in the State for a specific period-of-time before becoming a resident. The person may declare intent to be a resident effective with the first day he or she arrived in Utah.

C.  Reason for Living in Utah

Do not consider the reason why the individual is in Utah, except to the extent that the reason may indicate that the individual is not in Utah voluntarily or is in Utah only temporarily. For example:

• An individual from Arizona is visiting or traveling through the state, and is arrested for a crime and jailed. This individual is not in the state voluntarily and is not a state resident.

• An individual from Nevada is in Utah to give their baby up for adoption and intends to move back to Nevada after the baby is born. This individual is in the state temporarily and is not a state resident.

D. Citizenship  

Citizenship is not relevant to the determination of state residency.  A non-citizen may be a Utah resident even if his immigration status is temporary.  Non-citizens may have dual intent - intent to remain in the U.S. if permitted to stay and intent to leave if Department of Homeland Security requires them to leave.

E. Intent  

An individual who is capable of expressing intent may do so on the application form.   Unless there is an indication that the person does not meet residence requirements, accept the applicant's statement.  See Section 207-2 for information on "Who is Capable of Expressing Intent" and Section 207-5 for "Factors Indicating No Intent to Reside in Utah."

F. Residents of Public Institutions Such as Jails or Prisons 

1.    An individual residing in a public institution such as a jail or prison is a resident of Utah if the person was a resident before being placed.  An individual who lived in another state, but was arrested and placed in jail in Utah is not a Utah resident.

2.    If another state places the person in a public institution in Utah, the individual is not a Utah resident.  Residency does not change from the previous state.  (See Sec. 207-5 and 207-6)

3.    State residency does not change when an individual in a public institution goes directly to a hospital for an inpatient stay.  (See Sec. 215-6 for policy on receiving Medicaid during an inpatient hospital stay.)

G.  Residents of Other Institutions

1.    Any individual placed in an institution by another state is a resident of that state.  This includes individuals from another state placed in a Utah nursing home or hospital.  (Sec. 207-5)

2.    A competent individual who leaves an institution after having been placed by another state is a resident of the state in which the individual is physically located.

3.    For residents of an institution who are not placed by another state, see sec. 207-3 and 207-4.

H. Individuals Receiving a State Supplementary Payment (SSP)  

An individual of any age who receives an SSP is a resident of the state paying the SSP.  If an individual receiving an SSP from another state moves to Utah, see Sec. 207-5.

I.   Individuals Receiving Title IV-E Payments  

An individual of any age who receives federal payments for foster care or adoption assistance under Title IV-E is a resident of the state in which the individual lives.  A IV-E eligible foster child placed in another state by Utah will receive Medicaid from the state in which the child is placed.  Utah will continue to make the IV-E foster care payment.  A IV-E eligible child with a Utah Adoption Assistance Agreement who moves to another state will receive Medicaid from the state in which the child resides.

J.   Cases of Disputed Residency Between Two states 

If an individual has come to Utah from anther state, and the two states cannot resolve which state is the person's state of residency, the individual is a resident of the state in which the individual is physically located.