North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.1 - Eligibility for Medicaid › Section 75-02-02.1-16 - State of residence

Current through Supplement No. 393, July, 2024
A resident of the state is an individual who is living in the
				  state voluntarily and not for a temporary purpose. Temporary absences from the
				  state with subsequent returns to the state, or intent to return when the
				  purpose of the absence has been accomplished, do not interrupt continuity of
				  residence. Residence is retained until abandoned or established in another
				  state.
1. For individuals entering the
				state, the earliest date of eligibility is the date of entry. Residence may not
				be established for individuals who claim residence in another state.
2. Individuals under age twenty-one.
a. For any individual under age twenty-one
				who is living independently from the individual's parents or who is married and
				capable of indicating intent, the state of residence is the state where the
				individual is living with the intention to remain there.
b. For any individual who is receiving foster
				care or adoption assistance payments, under title IV-E, from another state and
				is living in North Dakota, North Dakota is the state of residence for Medicaid
				purposes.
c. For any individual
				under age twenty-one not residing in an institution, whose Medicaid eligibility
				is based on blindness or disability, the state of residence is the state in
				which the individual is living.
d.
				For any other noninstitutionalized individual under age twenty-one, the state
				of residence is the state in which the child is living with the child's parent
				or caretaker relative on other than a temporary basis. A child who comes to
				North Dakota to receive an education, special training, or services in a
				facility such as the Anne Carlsen facility, a maternity home, or a vocational
				training center is normally regarded as living temporarily in the state if the
				intent is to return to the child's home state upon completion of the education
				or service. A child placed by an out-of-state placement authority, including a
				court, into the home of relatives or foster parents in North Dakota on other
				than a permanent basis or for an indefinite period is living in the state for a
				temporary purpose and remains a legal resident of the state of origin unless
				the interstate compact on the placement of children is silent regarding
				Medicaid coverage. If the interstate compact on the placement of children is
				silent, the child must be considered a resident of North Dakota for Medicaid
				purposes. A resident of North Dakota who leaves the state temporarily to pursue
				educational goals (including any child participating in job corps) or other
				specialized services (including a child placed by a North Dakota placement
				authority, including a court, into the home of out-of-state relatives or foster
				parents) does not lose residence in the state.
e. For any institutionalized individual,
				under age twenty-one, who is neither married nor living independently,
				residence is that of the parents or legal guardian at the time of placement or
				the state of residence of the parent or legal guardian at the time of Medicaid
				application if the child is institutionalized in the same state. Only if the
				parental rights have been terminated, and a guardian or custodian appointed,
				may the residence of the guardian or custodian be used. If the individual has
				been abandoned by the individual's parents and does not have a guardian, the
				individual is a resident of the state in which the individual is
				institutionalized.