Minnesota Health Care Programs

1.4 State Residency

Minnesota Health Care Programs (MHCP) are only available to Minnesota residents.

People Age 21 or Older

People age 21 or older are a Minnesota resident if one of the following applies:

The person is living in Minnesota AND intends to reside in the state. This includes people without a fixed address.
The person is living in Minnesota AND has entered the state with a job commitment or is seeking employment (whether or not currently employed).

If a person is not capable of indicating intent, the person is a Minnesota resident if they are living in Minnesota. A person is not capable of indicating intent if they meet any of the following:

Have an I.Q. of 49 or less
Have a mental age of seven or less
Is determined legally incompetent by a court
Is found incapable of indicating intent by a physician, psychologist, or other person licensed by the state in the field of intellectual disability

People Younger Than Age 21

People under age 21 who are emancipated follow the policy for people age 21 or older. Otherwise, people under age 21 are a Minnesota resident if one of the following applies.

The person is living in Minnesota, including people without a fixed address
The person resides with a parent or caretaker who is a Minnesota resident

Living in Minnesota

A person is living in Minnesota if they reside in the state. To reside in the state means the person has made Minnesota their home.

If a person is not physically present in Minnesota, a person is living in Minnesota if they meet a condition for temporary absence.

People visiting Minnesota, including for the purpose of obtaining medical care, do not reside in Minnesota and are not residents of the state.

Inconsistent Information Regarding State Residency

People are not required to provide proof of residency unless the person’s attestation related to residency is inconsistent with other information provided by the person or known to the agency. The person may have to provide proof of residency to resolve the inconsistency.

A person's immigration status cannot be used to establish an inconsistency in state residency. Additional information about state residency can only be requested if information other than immigration status is inconsistent with attested state residency.

Examples of inconsistent information regarding state residency include, but are not limited to:

Receipt of a Public Assistance Reporting Information System (PARIS) interstate match
Returned mail with an out of state forwarding address
Other information or circumstances that may yield information about state residency

Acceptable proof of state residency includes, but is not limited to:

Correspondence showing a person receives mail at the address given
A copy of a valid Minnesota drivers’ license or ID card. A valid driver’s license is a license that is not expired, suspended, revoked or canceled. The license must contain the person’s current address. If the person moves, they must get a new Minnesota drivers’ license within 30 days. A Minnesota driver’s license is not valid if the person also possesses a driver’s license issued by another state.
The most recent federal or state tax forms showing the person’s current address
A copy of a Minnesota property tax statement
A copy of a rental or lease agreement
Documentation that the person came to Minnesota in response to an offer of employment
Documentation that the person has looked for work, such as completed job applications or documentation from employers, the local job service office or temporary employment agencies
An affidavit from a person engaged in public or private social services, legal services, law enforcement or health services that states he or she knows the person and believes the person resides in Minnesota
For preschool, elementary and secondary school-age children, a copy of a student identification card, report card, day care receipt or other documentation of school or day care registration
A completed Proof of Residence (DHS-6035A) form

People who are a Resident of Another State

People cannot be residents of more than one state. Generally, if another state has determined a person to be a resident of their state then they are not a Minnesota resident.

In cases where two or more states cannot resolve which state is the state of residence, the person is a resident of the state in which they are physically located.

Overlapping State Coverage

People must not receive Medical Assistance (MA) from more than one state at a time. However, a person who has MA coverage in another state may be eligible for MA coverage in Minnesota when the person:

Meets all other eligibility factors for a Minnesota Health Care Program
Has requested the other state close coverage, and
Cannot reasonably access coverage from the other state

Residency Rules for Certain Populations

The following groups of people have special rules for determining their state of residency:

People, of any age, who receive a State Supplementary Payment (SSP) are residents of the state paying the SSP. SSP is a state paid supplement to federally funded Supplemental Security Income (SSI). Minnesota Supplemental Aid (MSA) is Minnesota’s SSP. A person who receives MSA is a Minnesota resident. A person who receives a SSP from another state is not a Minnesota resident.
People who receive Title IV-E or state-funded adoption assistance or foster care
People who reside in an institution

Legal Citations

Code of Federal Regulations, title 42, section 435.403

Minnesota Statutes, section 256B.056, subdivision 1

Minnesota Statutes, section 256.01, subdivision 18a

Minnesota Statutes, section 256L.09