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Effective: December 1, 2006 |
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13.05.05ar1 - Institutional Residence (Archive) |
Archived: November 1, 2009 |
This section provides guidance on the federal regulations that apply when MA clients enter institutions, such as long-term care facilities and regional treatment centers, directly from other states.
The state of residence for people who live in institutions such as long-term care facilities is the state in which they are physically present on the date of application.
Example:
Martha moves to a Minnesota nursing home from her home in Michigan to be closer to her son. She is expected to remain in the nursing home indefinitely. Her son files an MA application on her behalf.
Action:
Martha is considered a Minnesota resident.
If a resident of an institution meets either of the following criteria:
l Under age 21.
l Age 21 and over but became incapable of showing intent to reside in the state before reaching age 21.
the state of residence is
l The current state of residence of the parent filing the application.
l The current state of residence of the legal guardian filing the application if the state terminated parental rights after placement.
l The state where the institution is if all of these apply:
n The parents abandoned the client.
n The client does not have a legal guardian.
n An agent of another state has not placed the client.
Age 21 and over placed in an institution by another state
l If an agent of another state places a client in a Minnesota facility, the client remains the financial responsibility of the placing state.
l If Minnesota agents place a client in an out-of-state facility, the client remains Minnesota's financial responsibility.
Making a placement includes any action that leads to placement except:
l Providing information about another state's assistance programs or the availability of services and facilities in another state.
l Helping a client locate services or a facility in another state if that client is capable of showing intent and independently decides to move there.
Minnesota and North Dakota have an interstate agreement that governs state residence for people who reside in one state and enter a nursing facility in the other state. The agreement applies only to skilled nursing facilities (nursing homes). It does not apply to any other type of living arrangement such as assisted living, boarding homes, or receipt of waivered services.
l North Dakota to Minnesota.
A person who moves to a Minnesota nursing facility from North Dakota remains North Dakota's financial responsibility:
n For 24 months following the date of admission if the person has no community spouse living in North Dakota.
n For at least 24 months following the date of admission and indefinitely after the 24 months as long as the person has a community spouse living in North Dakota.
l Minnesota to North Dakota.
A person who moves to a North Dakota nursing facility from Minnesota remains Minnesota's financial responsibility:
n For 24 months following the date of admission if the person has no community spouse living in Minnesota.
n For at least 24 months following the date of admission and indefinitely after the 24 months as long as the person has a community spouse living in Minnesota.