Iowa Admin. Code r. 441-75.53 - Recovery

Current through Register Vol. 44, No. 20, April 6, 2022

Notwithstanding the provisions of rule 441-75.10 (249A), the following rules shall apply when determining eligibility for persons under FMAP or FMAP-related coverage groups.

(1) Definition of resident. A resident of Iowa is one:
a. Who is living in Iowa voluntarily with the intention of making that person's home there and not for a temporary purpose. A child is a resident of Iowa when living there on other than a temporary basis. Residence may not depend upon the reason for which the individual entered the state, except insofar as it may bear upon whether the individual is there voluntarily or for a temporary purpose; or
b. Who, at the time of application, is living in Iowa, is not receiving assistance from another state, and entered Iowa with a job commitment or seeking employment in Iowa, whether or not currently employed. Under this definition the child is a resident of the state in which the specified relative is a resident.
(2) Retention of residence. Residence is retained until abandoned. Temporary absence from Iowa, with subsequent returns to Iowa, or intent to return when the purposes of the absence have been accomplished does not interrupt continuity of residence.
(3) Suitability of home. The home shall be deemed suitable until the court has ruled it unsuitable and, as a result of such action, the child has been removed from the home.
(4) Absence from the home.
a. An individual who is absent from the home shall not be included in the eligible group, except as described in paragraph"b."
(1) A parent who is a convicted offender but is permitted to live at home while serving a court-imposed sentence by performing unpaid public work or unpaid community service during the workday is considered absent from the home.
(2) A parent whose absence from the home is due solely to a pattern of employment is not considered to be absent.
(3) A parent whose absence is occasioned solely by reason of the performance of active duty in the uniformed services of the United States is considered absent from the home. "Uniformed service" means the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanographic and Atmospheric Administration, or Public Health Service of the United States.
b. The needs of an individual who is temporarily out of the home are included in the eligible group if otherwise eligible. A temporary absence exists in the following circumstances:
(1) An individual is anticipated to be in the medical institution for less than a year, as verified by a physician's statement. Failure to return within one year from the date of entry into the medical institution will result in the individual's needs being removed from the eligible group.
(2) A child is out of the home to secure education or training as defined in paragraph 75.54(1)"b" as long as the child remains a dependent.
(3) A parent or specified relative is temporarily out of the home to secure education or training and was in the eligible group before leaving the home to secure education or training. For this purpose, "education or training" means any academic or vocational training program that prepares a person for a specific professional or vocational area of employment.
(4) An individual is out of the home for reasons other than reasons in subparagraphs 75.53(4)"b"(1) through (3) and intends to return to the home within three months. Failure to return within three months from the date the individual left the home will result in the individual's needs being removed from the eligible group.

Notes

Iowa Admin. Code r. 441-75.53
ARC 0579C, IAB 2/6/2013, effective 4/1/2013

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