(1) For purposes of this rule, a person is considered incapable of indicating intent if:
(a) his I.Q. is 49 or less or he has a mental age of seven or less, based on standardized tests;
(b) he has been judged legally incompetent; or
(c) documentation acceptable to the department supports a finding that he is incapable of indicating intent. Acceptable documentation includes but is not limited to medical, psychological or psychiatric reports prepared by a qualified professional person.
(2) Medicaid will be provided to otherwise eligible residents of Montana. The documents used to verify that an applicant is a resident of this state include, but are not limited to, electronic data sources permitted by federal and state law, driver's license, state identification card, mortgage or rental agreement, post office records, utility bill, and wage stub.
(a) Noninstitutionalized individuals:
(i) An individual age 18 and over is a resident if he is living in Montana with the intent to remain permanently or for an indefinite period.
(A) there is no durational requirement for residency;
(B) residency is retained until abandoned; and
(C) temporary absences from Montana with intent to return when the purpose of the absence is accomplished does not interrupt continuity of residence.
(ii) An individual under age 19 living with a caretaker relative who qualifies as a resident of Montana under the criteria of this rule is also considered a resident of the state. Caretaker relative is as defined in ARM 46.10.302.
(iii) A blind or disabled individual under age 21 is considered a resident of Montana if he is living in the state.
(b) Individuals receiving an SSI state supplementary payment:
(i) Any individual receiving a state supplementary payment from Montana is considered a resident of Montana.
(ii) Any individual receiving a state supplementary payment from a state other than Montana is considered a resident of the state making the supplementary payment.
(c) Institutionalized individuals:
(i) An institutionalized individual who became incapable of indicating intent at or after age 18 is a resident of Montana if he was residing in the state when he first became incapable of indicating intent.
(ii) An individual under age 18 or an individual age 18 or older who became incapable of indicating intent before 18 is a resident of Montana if his parents or legal guardian resides in the state or, when the parents live in separate states and there is no legal guardian appointed, if the parent applying for Medicaid on his behalf resides in Montana.
(iii) Medicaid eligibility may not be denied to an institutionalized individual who did not establish residency in Montana prior to entering the institution.
(d) Out-of-state institutional placements:
(i) Any individual placed in an out-of-state institution by Montana continues to be a Montana resident.
(ii) Any individual placed in a Montana institution by another state continues to be a resident of the placing state.
(3) Montana has entered into an interstate residency agreement with certain other states. This agreement sets forth rules and procedures for resolving cases of disputed residency and takes precedence over the provisions above. A copy of the agreement and list of states involved in the agreement may be obtained from the Department of Public Health and Human Services, 111 Sanders, P.O. Box 4210, Helena, MT 59620-4210.
History: 53-6-113, MCA; IMP, 53-6-131, 53-6-133, MCA; NEW, 1982 MAR p. 729, Eff. 4/16/82; TRANS, from SRS, 2000 MAR p. 476; AMD, 2020 MAR p. 925, Eff. 5/16/20.