N.M. Admin. Code § 8.291.410.15 - RESIDENCE
To meet MAP requirements for eligibility, applicants or recipients must be living in New Mexico on the date of application or final determination of eligibility and have demonstrated an intention to remain in the state.
A. Establishing residence:
Residence in New Mexico 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 child(ren) in school, getting a state driver's license, or
renting a post office box. An applicant or recipient who is homeless is
considered to have met the residence requirements if he or she intends to
remain in the state.
B. Recipients
receiving benefits out-of-state: Applicants or recipients who receive 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 recipient of the abandonment of residence in
that state.
C. Applicants or
recipients court ordered into full or partial responsibility of the state
children youth and families department (CYFD): When CYFD places an applicant or
recipient in a new state of residence, the new state of residence is
responsible for the provision of medicaid; however, New Mexico must provide
limited coverage for services that are part of the New Mexico MAD benefit
package and not available in the new state of residence.
D. Abandonment: Residence is not abandoned by
temporary absences. Temporary absences occur when applicants or recipients
leave New Mexico for specific purposes with time-limited goals. An applicant or
recipient may be temporarily absent from the state is the person intends to
return when the purpose of the absence has been accomplished, unless another
state has determined he or she is a resident there for the purposes of MAP
enrollment. Residence is considered abandoned when the applicant or recipient
leaves New Mexico 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 calendar days, without notifying HSD of his or her departure or intention of
returning.
E. Dispute in
residency: If there is a dispute in state residency, the applicant or recipient
may be considered a resident in the state in which he or she is physically
located.
F. 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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