Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 20 - Division of County Operations › Rule 016.20.15-002 - Medical Services Policy D-371-373 and Appendix C

Current through Register Vol. 49, No. 6, June, 2024
Arkansas Department of Human Services Division of County
				Operations
Policy Issuance Number: MS 15-19
Medical Services Policy Manual
Issuance Date: September 21, 2015
From: Delia Anderson, Director Expiration Date: Until
				Superseded
Subj: Procedure for Inmates Being Released from Custody to
				Apply for Medicaid and Case Suspension While Incarcerated
Pages to be Deleted:
Date:
Pages to be Added:
Date:
MS Appendix C
07-01-15
MS Appendix C
08-01-15
MS D-350-370
01-01-14
MS D-350-380
01-01-14
01-30-15
08-01-15
Summary of Changes:
MS Appendix C has been revised to incorporate acceptable
				documents that will prove identity.
MS D-370 has been revised to incorporate the policy reference
				number for the exception for inmates to receive Medicaid.
MS D-371-D-373 have been developed to incorporate procedures
				for an inmate being released from custody to apply for Medicaid forty five days
				before being released and an inmate's case can be suspended up to a year while
				incarcerated.
Inquiries to:
Kristie Hayes, 501-682-8259,
				Kristie.hayes@dhs.arkansas.gov
Carla Droughn, 501-682-8254, carla.droughn@dhs.arkansas.gov
				Renita Honorable, 501-682-1562, renita.honorable@dhs.arkansas.gov
Medical Services Policy Manual, Section D
D-300
State Residency
MS Manual 01/01/14
Residency regulations are intended to assure uniform
				application of residency rules and to assure that no otherwise eligible
				individual is denied Medicaid because no State recognizes him as a
				resident.
D-310
State Residency Determinations
MS Manual 01/30/15
State residency determinations are as follows:
1. An individual placed in an out-of-state
			 institution is a resident of the State making arrangement for placement
			 regardless of the individual's indicated intent or ability to indicate
			 intent;
2. An individual receiving
			 State Supplementation of SSI is a resident of the State making said
			 payments;
3. A
			 non-institutionalized individual age 21 or over is a resident of the State
			 where he is living, and a. Intends to remain permanently or for an indefinite
			 period of time, or b. which he entered with a job commitment or seeking
			 employment.
Exception:
An individual
				aged 18-22 and a full-time student at an Arkansas school, is
not
a resident of Arkansas if:
a Neither parent lives in Arkansas,
b The student is claimed as a tax dependent
			 by someone in a state other than Arkansas, and
c The student is applying on his or her own
			 behalf.
4. An
			 institutionalized individual who became incapable of indicating intent at or
			 after age 21 is a resident of the State where the institution is located,
			 unless another state arranged placement in the institution.
5. An institutionalized individual who became
			 incapable of indicating intent before age 21 is a resident of the State of:
i. His parents or legal guardian, if one has
			 been appointed, at the time of placement; or
ii. The parent applying on his behalf, if the
			 parents reside in separate States and a legal guardian has not been appointed;
6. For any other
			 institutionalized individual not covered by step #4 or #5 above, the individual
			 is a resident where he/she is living and intends to reside.
When more than one State could be an individual's residence,
				and you cannot determine the jurisdiction of residence based on the above
				rules, the residence is where the individual is physically located at
				present.
T
Note:
For purposes of
				State residency - an institution is a Title XIX Long Term Care Facility and an
				individual is considered to be incapable of indicating intent to reside in the
				State if:
1. He has an IQ of 49 or less
			 or a mental age of seven (7) or less, based on tests acceptable to the State's
			 Division of Developmental Disabilities Services (DDS); or
2. He is judged legally incompetent;
			 or
3. Medical or other documentation
			 acceptable to the State supports a finding of incapability of indicating
			 intent.