Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 2 › Subtitle 09 - MEDICAL CARE PROGRAMS › Chapter 10.09.24 - Medical Assistance Eligibility › Section 10.09.24.05-5 - Nonfinancial Eligibility Requirements - Other

Current through Register Vol. 51, No. 14, July 12, 2024
A. Caretaker Relative. To be eligible for
				  Medical Assistance as a caretaker relative, an applicant or recipient shall be
				  a caretaker relative as defined at Regulation .02 of this chapter.
B. Inmate of a Public Institution.
(1) To be eligible for Medical Assistance, an
				  applicant or recipient may not be incarcerated as an inmate of a public
				  institution.
(2) Public
				  Institution.
(a) A public institution is a
				  publicly owned and operated nonmedical facility in which an individual lives
				  and receives treatment or services provided by the facility.
(b) A public institution does not include a
				  medical institution, nursing facility, or a publicly operated community
				  residence serving no more than 16 residents.
(3) Inmate Status.
(a) An individual is considered incarcerated
				  as an inmate of a public institution if the individual resides in a public
				  institution involuntarily as a result of being accused or found guilty of a
				  criminal offense, including the duration of time in which the individual is
				  involuntarily residing in the public institution in a preadjudication or
				  pretrial status awaiting criminal proceedings, penal dispositioning, or other
				  involuntary detainment procedure.
(b) An individual may not be considered an
				  inmate of a public institution if the individual resides in a public:
(i) Institution voluntarily and not as the
				  result of a legal criminal process;
(ii) Educational or vocational training
				  institution for the purpose of receiving educational or vocational training;
				  or
(iii) Institution for the first
				  partial month of residence or for a temporary period pending other arrangements
				  appropriate to the individual's needs.
(c) Hospitalization as a Result of the
				  Commission of a Crime. An individual who is hospitalized as a result of an
				  injury sustained during the commission of a crime and has not yet been
				  incarcerated because of the hospitalization may not be considered an inmate of
				  a public institution.
(d) Retaining
				  Inmate Status. Except as provided in §B(3)(f) of this regulation, an
				  individual's inmate status continues until the criminal indictment against the
				  individual is dismissed or the individual is released from the public
				  institution.
(e) An individual who
				  is not present at the correctional facility during the day, because the
				  individual is attending a day treatment program or participating in day-time
				  employment, but who resides in a correctional facility at night, shall be
				  considered an inmate of a public institution.
(f) Inmate Admitted to Medical Institution.
				  An inmate may be covered by Medical Assistance during the period when the
				  inmate is admitted as an inpatient of a medical institution, such as a
				  hospital, nursing facility, or juvenile psychiatric facility, and is receiving
				  services covered by Medical Assistance.
(g) Individual Sent to an Institution for
				  Mental Disease (IMD).
(i) Inmate status shall
				  apply to an individual who is accused of a criminal offense and is sent
				  directly to an IMD either for a mental examination or because the individual is
				  determined mentally incompetent to stand trial.
(ii) An individual committed by a court to an
				  IMD based on a verdict of not guilty by reason of insanity may not be
				  considered an inmate of a public institution.
(4) Children Younger than 21 Years Old
				  Committed to a Correctional Facility.
(a) A
				  child committed by a court to a correctional institution due to a violation of
				  the law shall be considered incarcerated as an inmate of a public
				  institution.
(b) A child committed
				  to the custody of the Maryland Department of Juvenile Services shall be
				  considered incarcerated as an inmate of a public institution if the child is
				  placed in a State-owned and State-operated facility, and that status shall
				  continue until the child is released from the facility.
(c) A child committed to the custody of the
				  Maryland Department of Juvenile Services may not be considered an inmate of a
				  public institution if the child is living:
(i) With the child's parent, caretaker
				  relative, or legal guardian;
(ii)
				  In a group home serving no more than 16 residents; or
(iii) In a privately operated facility under
				  the jurisdiction of the Maryland Department of Juvenile Services.