Medical - Kansas Economic and Employment Services Manual

2000 General Eligibility

08-17

2150 Residence - A client must be a resident of the state.

 

A resident is one who is living in the state voluntarily and not for a temporary purpose (i.e., with no intention of leaving). Temporary absence from the state, with subsequent returns to the state, or intent to return when the purpose of the absence has been accomplished shall not interrupt continuity of residence. See also 2223 regarding temporary absence of children or parents. In addition, individuals who continue to receive a Kansas state supplementary payment while living out-of-state are regarded as Kansas residents.

 

The following provisions apply to a non-institutionalized individual:

 

1.  An individual who is legally competent and capable of acting in his or her own behalf shall choose his or her state of residence as either the state the individual is living with the intent to reside (including without a permanent address), or the state the individual entered with a job commitment or for seeking employment (even if not currently employed).

 

2.  The state of residence for each individual who is not legally competent or capable of acting in their behalf shall be either the state in which the individual is living (including without a permanent address) or the state in which the individual’s parent or caretaker resides (if living with the parent or caretaker).

For an institutionalized individual, see 2152.

 

 

2165 Reserved

 

2166 Reserved

 

2167 Reserved

 

2151 Duplicate Benefits - Residence can be established in a month regardless of whether the person has received benefits from another state in that month.

 

Persons who move from another state can receive medical benefits in Kansas in the month he or she moves from that state.  The person must be otherwise eligible for Medicaid or CHIP. This would not apply, however, to the MediKan program.

 

2152 Institutionalization - The state of residence for an institutionalized individual shall be:

 

  1. The state in which the individual’s parent or guardian resides, if the individual is legally incompetent and became incapable of stating intent before the age of 21;
     
  1. The state in which the individual is living and intends to reside, if the individual is legally competent and capable of stating intent; or

  1. The state that placed the individual in the out-of-state institution. Providing basic information to individuals about another state's Medicaid program or about the availability of health care services and facilities in another state does not constitute a placement action. This would also include assisting an individual in locating an institution in another state provided the individual was capable of intent and independently decided to move. Individuals who are placed in care facilities outside of Kansas by an appropriate agency retain their Kansas residence.

 


Individuals are considered incapable of intent if: their IQ is 49 or less; or they have a mental age of 7 or less based on reliable tests; or they are judged legally incompetent; or there is medical and social documentation to support a finding that they are incapable of intent.