WAC 182-503-0520 Residency requirements for medical care services (MCS).

This section applies to medical care services (MCS).

(1)  A resident is an individual who:

(a)  Currently lives in Washington and intends to continue living here permanently or for an indefinite period of time; or

(b)  Entered the state looking for a job; or

(c)  Entered the state with a job commitment.

(2)  An individual does not need to live in the state for a specific period of time to be considered a resident.

(3)  An individual receiving MCS can temporarily be out of the state for more than one month.  If so, the individual must provide the agency or the agency's designee with adequate information to demonstrate the intent to continue to reside in the state of Washington.

(4)  An individual may not receive comparable benefits from another state for the MCS program.

(5)  A former resident of the state can apply for MCS while living in another state if:

(a)  The individual:

(i)  Plans to return to this state;

(ii) Intends to maintain a residence in this state; and

(iii) Lives in the United States at the time of the application.

(b)  In addition to the conditions in (a)(i), (ii), and (iii) of this subsection being met, the absence must be:

(i)  Enforced and beyond the individual's control; or

(ii)  Essential to the individual's welfare and is due to physical or social needs.

(c)  See WAC 388-406-0035, 388-406-0040, and 388-406-0045  for time limits on processing applications.

(6)  Residency is not a requirement for detoxification services.

(7)  An individual is not a resident when the individual enters Washington state only for medical care.  This individual is not eligible for any medical program.  The only exception is described in subsection (8) of this section.

(8)  It is not necessary for an individual moving from another state directly to a nursing facility in Washington state to establish residency before entering the facility.  The individual is considered a resident if they intend to remain permanently or for an indefinite period unless placed in the nursing facility by another state.

(9)  An individual's residence is the state:

(a)  Where the parent or legal guardian resides, if appointed, for an institutionalized individual twenty-one years of age or older, who became incapable of determining residential intent before reaching age twenty-one;

(b)  Where an individual is residing if the individual becomes incapable of determining residential intent after reaching twenty-one years of age;

(c)  Making a placement in an out-of-state institution; or

(d)  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.

(10)  In a dispute between states as to which is an individual's state of residence, the state of residence is the state in which the individual is physically located.