DHHS - Medicaid Policy Manual
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  Medicaid Policy                                                                 

 

207-3 Determining Residency for Adults who Cannot Express Intent

Effective Date: January 1, 2014

Previous Policy

 

A. Individuals not Residing in an Institution

  1. An individual age 21 and older who is not residing in an institution is a Utah resident if voluntarily living in the state and meets one of the following two criteria:
    1. Intends to reside, including without a fixed address,

OR

    1. Entered Utah with a job commitment or to seek employment, whether or not he is currently working.   When someone has just moved to Utah, see Sec. 207-6.
  2. An individual age 21 and older not residing in an institution who is not capable of stating intent is a resident of the state in which the individual is living.

B. Individuals Residing in an Institution

  1. If an institutionalized individual age 21 or older lost the ability to state intent before age 21, the state of residence is:
    1. The state of residence of the parent applying for Medicaid on the individual's behalf, if the parent resides in a different state. (If the individual has a guardian, use the guardian's state of residence.);
    2. The parent's or legal guardian's state of residence at the time of placement; or
    3. The current state of residence of the parent or guardian filing the application if the parent or guardian resides in the state in which the individual is institutionalized.
    4. If the institutionalized individual does not have parents or a legal guardian who is responsible for the individual, use the state of residence of the individual who files the application as the state of residence for the institutionalized individual.
  2. Any institutionalized individual age 21 or older who became incapable of expressing intent at or after reaching age 21 is a resident of the state in which he or she is physically present except when another state places the individual in the institution. 
  3. If an individual age 21 or older has been placed by another state in an institution in Utah that furnishes food, shelter and some treatment or services to 4 or more persons unrelated to the proprietor, then the individual is a resident of the state that made the placement.  See Section 207-5, D. 
  4. Any other institutionalized individual age 21 or older, meaning someone who has not lost the ability to state intent, the state of residence is the state where the individual is living with the intent to reside.