Purpose: Most programs are limited to Washington residents. This category explains who meets that requirement and when a person may be exempt from the residency requirement.
Subsections 1 through 4 applies to cash, the basic food program, and medical programs.
A resident is a person who:
Currently lives in Washington and intends to continue living here permanently or for an indefinite period of time; or
Entered the state looking for a job; or
Entered the state with a job commitment.
A person does not need to live in the state for a specific period of time to be considered a resident.
A child under age eighteen is a resident of the state where the child's primary custodian lives.
With the exception of subsection 5 of this section, a client can temporarily be out of the state for more than one month. If so, the client must supply the department with adequate information to demonstrate the intent to continue to reside in the state of Washington.
Basic food program assistance units who are not categorically eligible do not meet residency requirements if they stay out of the state more than one calendar month.
A client may not receive comparable benefits from another state for the cash and basic food programs.
A former resident of the state can apply for the GA-U program while living in another state if:
The person:
Plans to return to this state;
Intends to maintain a residence in this state; and
Lives in the United States at the time of the application.
In addition to the conditions in subsection 7 a, i, ii,, and iii being met, the absence must be:
Enforced and beyond the person's control; or
Essential to the person's welfare and is due to physical or social needs.
Residency is not a requirement for detoxification services.
A person is not a resident when the person enters Washington state only for medical care. This person is not eligible for any medical program. The only exception is described in subsection 10 of this section.
It is not necessary for a person moving from another state directly to a nursing facility in Washington state to establish residency before entering the facility. The person is considered a resident if they intend to remain permanently or for an indefinite period unless placed in the nursing facility by another state.
For purposes of medical programs, a client's residence is the state:
Paying a state Supplemental Security Income (SSI) payment; or
Paying federal payments for foster or adoption assistance; or
Where the noninstitutionalized individual lives when Medicaid eligibility is based on blindness or disability; or
Where the parent or legal guardian, if appointed, for an institutionalized:
Minor child; or
Client twenty-one years of age or older, who became incapable of determining residential intent before reaching age twenty-one.
Where a client is residing if the person becomes incapable of determining residential intent after reaching twenty-one years of age; or
Making a placement in an out-of-state institution; or
For any other institutionalized individual, the state of residence is the state where the individual is living with the intent to remain there permanently or for an indefinite period.
In a dispute between states as to which is a person's state of residence, the state of residence is the state in which the person is physically located.
When an eligible Medicaid recipient moves to Washington and their previous state refuses to provide the medical services in Washington, the appropriate Medicaid program can be authorized in Washington.
An Indefinite Period of Time
The person must satisfactorily demonstrate their intent to continue to reside in Washington.
EXAMPLE
A student is enrolled in college in Washington for her senior year and came here from Oregon. The student has a young child. Graduation is in June, but the student has applied for graduate school in the State. If approved for graduate school, they will stay for another two years. This household is in the State for an indefinite period and meets residency requirements.
EXAMPLE
A child is here for the balance of the school year and will return home to the custodial parent in another state in June. The child is not considered a resident since the child is not here permanently and remains a member of her custodial parent’s household.
EXAMPLE
A family is here from Montana and plans to return as soon as their child has completed cancer treatment at Fred Hutchinson’s. The family will be here for a minimum of six months and could possibly be longer depending on the progress the daughter makes from the treatment.
For the Basic Food Program, this family is considered a resident as they will be here for an indefinite period of time. As long as the family is not receiving Food Assistance from Montana, we can determine eligibility for the Basic Food Program in Washington.
NOTE:
Residency depends on a person’s intent at the time of application.
Primary Custodian of a Child
The parent considered the primary custodian of a minor child is the parent who:
Physically lives with the child 51 percent of the time;
Is named as the custodial parent in a court-ordered custody decree and the parents are following the orders in the decree; or
Applies for Medicaid for the child when there is shared custody.
Temporarily Out of State
A person may be temporarily out of State. There isn’t a specified period before someone loses Washington State residency. However, the person must demonstrate their intent to continue to reside in Washington.
EXAMPLE
A client who is receiving TANF must stay with her ill grandmother in another state. She may be gone for several months but she is maintaining her apartment in Washington. Therefore she is considered a resident of Washington.
EXAMPLE
A client leaves Washington to take a temporary job in another state. She is planning to return when the job ends which may be in about 3 to 6 months. She will be renting an apartment in the other state and will not be keeping her residence or belongings here. She is no longer considered a resident of Washington State.
Special Circumstances for Nursing Facilities
Persons who come to Washington solely for medical care in a nursing facility may be considered residents of Washington. They can even maintain a residence in another state if they hope to return. However if a person is placed in a nursing facility by another state, the person is considered a resident of the state that placed them.
The department will not deny or terminate Medicaid eligibility for a Washington resident who is absent temporarily and will return. For example, a client who goes to a border facility for rehabilitation for 4 to 6 weeks and will return to Washington is not considered a resident of the border state and Washington will provide Medicaid benefits.
SSI Recipients
When an SSI recipient moves to Washington and continues to receive their state supplemental payment (SSP) benefit from the other state, the state paying the benefit is considered to be the person’s state of residence. However, if the other state refuses to provide medical services in Washington, then we will authorize the appropriate medical program in our state.
Modification Date: October 28, 2007
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