301 RESIDENCY (MAM)

SR 14-17 Dated 09/14

Previous Policy

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Individuals must be current residents of New Hampshire to be eligible for medical assistance. They do not need to have lived here for any length of time.

Exception: An individual aged 18-22 and a full time student in NH is not considered a resident of NH when determining eligibility for medical assistance if:

neither of the individual's parents live in NH;

the student is claimed as a tax dependent by someone in another state; and

the student is applying on his or her own behalf.

Individuals who meet the criteria above are considered to be in NH temporarily and are not considered to be NH state residents during the medical assistance eligibility determination process.

When determining state of residence for medical assistance-only individuals, take into account such variables as institutional status, age, and ability to express intent.

Whenever a state agency places an individual in an institution, the state placing the individual is considered the individual's state of residence.

When two or more states cannot resolve which is the state of residence, the state where the individual is physically located is the state of residence for medical assistance purposes.

Individuals are not eligible when they are only temporarily in New Hampshire (e.g., here on vacation or to enter temporarily into a New Hampshire medical facility). Individuals are not eligible if they consider another state "home," maintaining a principal residence or voter or car registration in another state with an intent to return to that state.

 

References: He-W 606.10; He-W 606.11; RSA 167:78,XXIV; RSA 167:79,II; 42 CFR 435.403; 42 CFR 435.956; 45 CFR 233.40; 42 USC 608(a)(10)