Wash. Admin. Code § 182-503-0525 - Washington apple health-Residency requirements for an institutionalized person
(1) An
institutionalized person is a person who resides in an institution as defined
in WAC 182-500-0050. The term "person"
used in this section means an "institutionalized person" unless otherwise
indicated. It does not include persons who receive services under a home and
community-based waiver program. When a state is making a placement for a person
in another state, the term institution also includes foster care homes,
licensed as described in 45
C.F.R. 1355.20.
(2) The agency must determine whether a
person is capable of indicating their intent to reside in Washington state when
deciding whether that person is a resident of the state. The agency determines
that persons who meet the following criteria are deemed incapable of indicating
intent to reside in the state:
(a) The person
is judged legally incompetent by a court of law;
(b) A physician, psychologist or licensed
medical professional in the field of intellectual disabilities has determined
that the person is incapable of indicating intent; or
(c) The person is incapable of declaring
intent due to a documented medical condition.
(3) When a person is placed in an
out-of-state institution by the agency, its designee or by a department of
social and health services-contracted agency, the state arranging the placement
is considered the person's state of residence, unless the person is capable of
expressing intent and:
(a) Indicates a desire
to change his or her state of residence; or
(b) Asks the current state of residence for
help in relocating. This may include assistance in locating an institutional
placement in the new state of residence.
(4) If another state has not authorized the
placement in the institution, as described in subsection (3) of this section,
the agency or its designee uses one of the following criteria to determine the
state of residence for a person who is age twenty or younger:
(a) The state of residence is the state where
the parent or legal guardian is a resident at the time of the placement in the
institution. To determine a parent's or legal guardian's place of residence,
follow rules described in WAC
182-503-0520 for a
noninstitutionalized person.
(b)
The state of residence is the state where the parent or legal guardian
currently is a resident if the person resides in an institution in that
state.
(c) If the parents of the
person are separated and live in different states, the state of residence is
that of the parent filing the application.
(d) If the parental rights are terminated and
the person has a legal guardian, the state of residence is where the legal
guardian is a resident.
(e) If the
person has both a guardian of the estate and a guardian of the person, the
state of residence is where the guardian of the person is a resident, unless
the state has laws which delegate guardianship to a state official or agency
for persons who are admitted to state institutions. In that case, the state of
residence for the person is the state where the institution is located (unless
another state has authorized the placement).
(f) If the person has been abandoned by the
parents or legal guardian, and an application is filed on their behalf by
another party, the state of residence is the state where the person is
institutionalized. The term abandoned also includes situations where the
parents or legal guardian are deceased.
(5) A person age twenty-one or older that is
capable of indicating intent is considered a resident of the state where he or
she is living and intends to reside.
(6) A person age twenty-one or older who
became incapable of indicating intent at age twenty-one or older is considered
a resident of the state where the person is physically residing, unless the
person has been placed in the institution by another state.
(7) A person age twenty-one or older who
became incapable of indicating intent before the age of twenty-one is
considered a resident of the state where the parents or legal guardian were
residents at the time of the placement in the institution.
(8) If a noninstitutionalized person moves
directly from another state to an institution in Washington state, it is not
necessary for the person to establish residency in Washington state prior to
entering the facility. The person is considered a resident if he or she intends
to reside in the state unless the placement was made by the other
state.
(9) A person of any age who
receives a state supplemental payment (SSP) is considered a resident of the
state that is making the payment.
(10) In a dispute between states, the state
of residence is the state in which the person is physically located.
Notes
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