You express concern that we can not afford to extend coverage to individuals who relocate in the state in order to avail themselves of improved benefits. You have been asked to propose a suitable definition of the term, and request that this Office provide guidance regarding existing legal requirements and court tests to assist you in this task. We then turn to an analysis of the term as it is used in specific statutory contexts, for example, in determining eligibility for in-state tuition and medical assistance. Finally, we review health care legislation from other states to ascertain how this issue has been resolved elsewhere.
Residence implies something more than mere physical presence and something less than domicile.
Black's Law Dictionary at 1309. Black's Law Dictionary at 897. As it has been frequently expressed, there must be a concurrence of the fact and the intent. St. John, supra, at 822. The foundational fact of residence conjoined with intention fixes the legal residence.