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Effective: October 1, 2008 |
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13.05ar3 - State Residence for MA/MinnesotaCare Families (Archive) |
Archived: November 1, 2009 |
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 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/MR. 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 applied for Minnesota Supplemental Aid (MSA), Food Support and MA on July 10. He moved to Minnesota from Illinois on July 8. Randall is still open on MA in Illinois at the time he applies in Minnesota.
Action:
Follow MSA and Food Support policy to determine eligibility for these programs. Even though MSA may be opened July 1, MA in Minnesota cannot begin until 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.
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.