Rule 23-102-1.12 - Determination of Residency (Age 21 and Older)A. Determine residency for individuals age twenty-one (21) and older as follows: 1. Not in an Institution. a) The state of residence is where the individual is living with the intent to remain there permanently or for an indefinite period, or the state where the individual is living because the individual had a job commitment or is seeking employment, either currently employed or not. If the individual is incapable of stating intent, the state of residence is where the individual is living.2. In an Institution and Became Incapable of Stating Intent before Age Twenty-One (21)a) The state of residence is:1)The state of residence of the parent who is applying for Medicaid on the individuals behalf. If a legal guardian has been appointed and parental rights have been terminated, the state of residence of the legal guardian is used instead of the parents.2)The state of residence of the parent at the time of placement. If the legal guardian has been appointed and parental rights have been terminated, the state of residence of the guardian is used instead of the parents.3)The current state of residence of the parent or legal guardian who files the application, if the individual is residing in an institution in that state. If a legal guardian has been appointed and parental rights have been terminated, the state residence of the guardian is used instead of the parents.4) The state of residence of the individual or party that files an application if the individual: (a)Has been abandoned by his parent(s),(b)Does not have a legal guardian and(c)Is residing in an institution in that state.3. In an Institution and Became Incapable of Stating Intent at or After Twenty-One (21).a) The state of residence is where the individual is physically present, except in instances where another state made the placement.4. Any Other Individual in an Institution a)The state of residence is where the individual is living permanently or for an indefinite period of time.b)When a competent individual leaves the facility in which he was placed, his residence becomes the state where he is physically located.23 Miss. Code. R. 102-1.12
42 CFR §435.403 (Rev. 2006).