Rule 23-102-9.9 - Non-Inmate Status - Potentially Eligible for MedicaidA. Admittance as an inpatient in a hospital, nursing facility, juvenile psychiatric facility or intermediate care facility interrupts inmate status.B. If otherwise eligible, the individual can be approved for Medicaid. This does not include medical facilities on the grounds of or under the control of a penal facility.C. Situations in which Medicaid is potentially available if all factors of eligibility are otherwise met:1. Infants living with the inmate in the public institution;2. Paroled individuals; Individuals in violation of the terms of their parole remain potentially eligible for Medicaid even though SSI or Social Security Disability benefits have been terminated due to fugitive status. a) These individuals can qualify or continue to qualify for Medicaid unless or until they are under the direct control of the penal system, at which time, they fall under the "inmate" rule discussed previously.3. Individuals on probation;a) Individuals in violation of the terms of their probation remain potentially eligible for Medicaid even though SSI Social Security Disability benefits have been terminated due to fugitive status. These individuals can qualify or continue to qualify for Medicaid unless or until they are under the direct control of the penal system, at which time, they fall under the "inmate" rule discussed previously.4. Individuals on house arrest or home release when not required to report to the public institution for an overnight stay;5. Individuals voluntarily living in a detention center, jail or penal facility after their case has been adjudicated and other living arrangements have been made;6. Inmates who become inpatients at a medical facility, i.e., acute care hospital, nursing facility, juvenile psychiatric facility or intermediate care facility. The individuals may be approved for the period of their inpatient care, if otherwise eligible.23 Miss. Code. R. 102-9.9
42 CFR 435.1009 (Rev. 2006).