Minnesota Health Care Programs

1.4.3 State Residency for People in an Institution

There are specific rules that govern state residency for people who reside in an institution. An institution is an establishment that furnishes food, shelter and some treatment or services to four or more persons unrelated to the proprietor. It also includes medical institutions, such as a skilled nursing facility, intermediate care facility for persons with developmental disabilities or an inpatient hospital.

Residency Rules for Certain Populations

The following people who reside in an institution have special rules for determining state residency:

Unless placed through the Interstate Compact on Mental Health, people who are placed by a state into an out-of-state institution are residents of the state making the placement.

A person who is placed by Minnesota into an institution in another state is a Minnesota resident. A person who is placed by another state into an institution in Minnesota is not a Minnesota resident.

“Placed by a state” means any state agency or entity under contract with the state, including a county agency, which arranges for a person to be placed in an institution located in another state. Providing information to the person or the person’s family does not constitute arranging a placement.

People Age 21 or Older

The state residency for people age 21 or older who reside in an institution is based on whether the person is capable of indicating intent. A person is incapable of indicating intent if they meet any of the following:

People age 21 or older who reside in an institution are Minnesota residents if:

People Younger Than Age 21

People younger than age 21 who reside in an institution are Minnesota residents if any of the following apply:

Legal Citations

Code of Federal Regulations, title 42, section 435.403

Minnesota Statutes, section 256B.056, subdivision 1

Minnesota Statutes, section 256L.09