N.M. Admin. Code § 8.200.410.14 - RESIDENCE
To be eligible for medicaid, an applicant or eligible recipient must be living in New Mexico on the date of application and final determination of eligibility and have demonstrated an intention to remain in the state.
A.
Establishing
residence: Residence is established by living in the state and carrying
out the types of activities associated with day-to-day living, such as
occupying a home, enrolling a child in school or getting a state driver's
license. An applicant or recipient who is homeless is considered to have met
the residence requirements if they intend to remain in the state.
B.
Recipients receiving benefits
out-of-state: An applicant or an eligible recipient who receives
financial or medical assistance in another state which makes residence in that
state a condition of eligibility are considered residents of that state until
the ISD office receives verification from the other state agency indicating
that it has been notified by an applicant or eligible recipient of the
abandonment of residence in that state.
C.
Individuals court ordered into full
or partial responsibility of the state children youth and families department
(CYFD): When CYFD places a child in a new state of residence, the new
state of residence is responsible for the provision of medicaid; however, the
state must provide limited medicaid coverage for medicaid services that are
part of the state medicaid benefit package and not available in the new state
of residence.
D.
Abandonment: Residence is not abandoned by temporary absences.
Temporary absences occur when an eligible recipient leaves the state for
specific purposes with time-limited goals. Residence is considered abandoned
when the applicant or the eligible recipient leaves the state for any of the
following reasons:
(1) intends to establish
residence in another state;
(2) for
no specific purpose with no clear intention of returning;
(3) applies for financial, food or medical
assistance in another state which makes residence in that state a condition of
eligibility; or
(4) for more than
30 consecutive calendar days, without notifying HSD of his or her departure or
intention of returning.
E. Evidence of immigration status may not be
used to determine that an individual is not a state resident per
42 CFR
435.956(c)(2).
Notes
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