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Effective: December 1, 2006 |
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13.05ar1 - State Residence for MA/MCRE Families (Archive) |
Archived: August 1, 2008 |
This section covers state residence rules for:
l All MA and Medicare Savings Programs (MSP).
l MinnesotaCare parents and caretakers of dependent children.
l MinnesotaCare pregnant women.
l MinnesotaCare children under 21.
There are special rules for certain populations. See the following sections:
l Migrant Agricultural Workers.
l Foster Care.
Establishing Minnesota Residence.
Verification of State Residence.
Overlapping State Coverage - MA.
Former Minnesota Resident - MA.
Establishing Minnesota Residence
Federal residence rules require that clients must be Minnesota residents and they must intend to remain in Minnesota. Do not require a fixed or permanent address.
People establish Minnesota residence by:
l Being physically present in the state.
l Residing in Minnesota voluntarily.
l Not keeping a home outside of Minnesota.
Exception: Migrant agricultural workers and family members traveling with them are Minnesota residents while they are working or seeking work in agricultural jobs. They may have homes outside of Minnesota and do not have to intend to remain.
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 verification of state residence. Accept people’s statements about intent to remain in Minnesota.
If residence is unclear or if there is inconsistent information, ask for additional information such as:
l Whether the client continues to maintain a home outside Minnesota.
l Where the client receives mail.
l Where the client keeps most personal possessions.
l Where the client registered to vote most recently.
l The address on the client's drivers' license or ID card.
l Where the client files taxes.
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.
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 If a person moves to Minnesota and establishes residence after the first day of the month, Minnesota MA can begin no earlier than the move date.
l MA eligibility is not retroactive to the beginning of the month.
Overlapping State Coverage - MA
People may not receive MA from more than one state at a time. If an applicant wants MA to begin in Minnesota before the other state is able to close medical coverage:
l Request a written statement from the applicant asking the other state to close MA eligibility effective the date the applicant moved. Send a copy to the other state.
l Ask the other state to suppress payment beginning with the date you approve MA.
l Ask the applicant to turn over any MA cards from the other state for any period that MA will be open in Minnesota.
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.