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Effective: June 1, 2010 |
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13.05ar5 - State Residence for MA/MinnesotaCare Families |
Archived: October 1, 2011 |
This section covers state residence rules for:
l MA.
l Medicare Savings Programs (MSP).
l MinnesotaCare parents and caretakers of children under age 21.
l MinnesotaCare pregnant women.
l MinnesotaCare children under age 21.
There are special rules for certain populations. See the following sections:
l Foster Care.
Establishing Minnesota Residence.
Verification of State Residence.
Overlapping State Coverage - MA.
Former Minnesota Resident - MA.
Establishing Minnesota Residence
People establish Minnesota residence by:
l Living in the state with the intent to remain here permanently or for an indefinite period of time; or
l Living in the state with a job commitment or seeking employment, whether or not they are currently employed.
An individual who is involved in work of a transient nature or who goes from state to state seeking employment has two choices:
l Establish residence in the state where he or she is employed or seeking employment; or
l Claim one particular state as his or her home.
Example:
A migrant worker resides in Texas. During the agricultural season he travels to several different states.
Action:
The migrant worker may retain Texas as his residence or may change his residence as he goes from state to state.
Example:
Arthur, his wife and two children are enrolled in MinnesotaCare. Arthur works on a fishing boat in Alaska for six months in the summer. His wife and children remain in Minnesota. Arthur is approved for MA in Alaska for the time he is living there.
Action:
Do not consider Arthur a member of his wife’s and children’s household while he is receiving MA in Alaska even though Arthur intends to return to his family’s household when his job in Alaska ends. Do not deem his income or assets to the household. Consider him an absent parent and apply child support referral requirements accordingly.
Example:
Michele and her three children are enrolled in MA. Her job as a pharmaceutical salesperson requires her to travel to other states and to reside there for weeks at a time. Michele always returns to her home in Minnesota when her job in the other state is finished. She does not apply for MA while living in the other states.
Action:
Continue to consider Michele a Minnesota resident. She is a member of her children’s household. Apply regular deeming rules.
Children under age 18 are residents of the state where their parent or caretaker lives, with the following exceptions:
l Children receiving adoption assistance or foster care.
l Children who are institutionalized.
l Children who are not living in an institution and whose eligibility is based on blindness or disability are residents of the state where they are living with the intent to remain.
l Children who are emancipated or married are residents of the state where they are living with the intent to remain, unless they are incapable of indicating intent.
Note: Incapable of indicating intent means the child:
m has an I.Q. of 49 or less,
m has a mental age of age seven or less,
m is determined incompetent by a court, or
m is found incapable of indicating intent by a psychologist, physician or mental retardation professional.
People lose Minnesota residence when they physically leave the state with the intention of living in another state or country unless they meet a condition for Temporary Absence from Minnesota.
Verification of State Residence
Do not require the client to verify residence or intent to remain unless there is inconsistent information.
Consider receipt of a Public Assistance Reporting Information System (PARIS) interstate match for an enrollee to be inconsistent information about the enrollee’s state residence and require verification of state residence.
If there is inconsistent information, require verification to demonstrate that the client is living in Minnesota and intends to live here permanently or for an indefinite period or that he or she came to Minnesota with a job commitment or is seeking employment. Possible verifications include but are not limited to:
l A statement indicating the client does not maintain a home outside Minnesota.
l Correspondence showing the client receives mail at the address given.
l A client statement regarding where the client keeps most personal possessions.
l Copy of a recent voter registration card.
l Copy of a valid drivers' license or ID card showing the client's current address.
Note: 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 the address must be changed within 30 days. A Minnesota driver’s license is not valid if the person possesses a driver’s license issued by another state.
l The most recent tax forms showing the client's current address.
l Copy of a Minnesota property tax statement
l Copy of a rental or lease agreement.
l Documentation that the client came to Minnesota in response to an offer of employment.
l Documentation that the client has looked for work, such as completed job applications or documentation from employers, the local job service office, or temporary employment agencies.
l Affidavit from a person engaged in public or private social services, legal services, law enforcement, or health services that states the person knows the client and believes the client resides in Minnesota.
l For preschool, elementary and secondary school-age children, copy of a student identification card, report card, daycare receipt or other documentation of school or daycare registration.
l A completed Proof of Residence (DHS-6035A) form.
Example:
Monica is pregnant. She recently moved to Minnesota from Iowa. She is staying in a motel while she looks for an apartment. She states on the application that she plans to remain in Minnesota. She gave up her apartment in Iowa and applied for a Minnesota driver's license.
Action:
Monica meets the state residence requirement for MA and for MinnesotaCare for pregnant women and families and children.
Example:
George, age 20, left his job in Wisconsin to stay with his mother in Minnesota. She is recovering from surgery. He is not sure how long he will stay at his mother's home. He has his mail forwarded to her address. When his mother recovers, he plans to return to Wisconsin. He rents a room from a friend in Wisconsin.
Action:
George does not meet the state residence requirement for MinnesotaCare and MA because he maintains a home in Wisconsin and does not intend to remain in Minnesota.
Example:
Mary and her children came to Minnesota from Illinois to get away from an abusive spouse. They are staying at a battered women’s shelter. Mary is not sure how long she will live in Minnesota. She does not intend to return to Illinois. Mary’s husband is still living in their home in Illinois.
Action:
Mary and her children meet state residency requirements for MA and MinnesotaCare because she is living in Minnesota for an indefinite period.
The policies in this section apply to MA. They do not apply to MinnesotaCare.
A person is not a Minnesota resident until entering the state.
l Minnesota MA can begin no earlier than the date the person is physically present in the state with the intent to make Minnesota his or her home.
Note: Agencies must process a person’s application up to approval prior to them moving to Minnesota if the person is elderly or disabled and cannot live outside of an institution, such as a long-term care facility (LTCF) or an ICF/DD . Approve the eligibility the day the person moves to the Minnesota institution.
l MA eligibility is not retroactive to the beginning of the month.
Example:
Jerry applied for MA on May 20. He arrived in Minnesota from Texas on May 10 and intends to make Minnesota his home.
Action:
Approve MA eligibility for Jerry to begin on May 10, if all eligibility factors are met.
Overlapping State Coverage - MA
People may not receive MA from more than one state at a time. If a client wants MA to begin in Minnesota before the other state is able to close medical coverage:
l Obtain a release from the client to contact the other state.
l Request a written statement from the client asking the other state to close MA eligibility effective the date the client moved to Minnesota with the intent to make Minnesota his or her home. Send a copy to the other state.
l Ask the other state to send a copy of the notice closing the client’s coverage.
l Ask the other state to suppress payment beginning with the date of Minnesota MA approval.
l Ask the applicant to turn over any MA cards from the other state for any period that MA will be open in Minnesota.
l Document in case notes all actions taken to ensure Minnesota MA does not overlap with coverage in the other state.
l Open eligibility before receiving the closing notice from another state if all other eligibility factors are met.
Example:
Randall moved to Minnesota from Illinois on July 8. He applied for Minnesota MA on July 10. Randall is still open on MA in Illinois at the time he applies in Minnesota.
Action:
The earliest date Minnesota MA can begin is July 8. Require Randall to sign a release to contact Illinois and a written statement requesting that Illinois close his case. Ask Illinois to send a copy of the closing notice. Document your actions in case notes and approve MA. Do not wait to receive the closing notice from Illinois. Coverage may begin on July 8 even if Illinois is unable to end Randall’s health care coverage until a future date.
Note: To locate phone numbers, addresses and links to Web sites for other state agencies go to http://www.aphsa.org/Links/links-state.asp. Information for specific county or regional eligibility offices can be found on each State’s web site.
Former Minnesota Residents - MA
People who move to other states may apply for MA for retroactive coverage for bills incurred while they were still Minnesota residents.