4140 Institutional Assistance Planning- There is no cash assistance eligibility for an individual residing in an institution except for specialized living arrangements. (See 4160.) However, eligibility may be provided to cash assistance applicants and recipients who are temporarily absent from their homes for short term care (including diagnosis) in a hospital or other medical institution. (See 4130).

This category of assistance planning applies to individuals who reside in an establishment where food and shelter are furnished to four or more persons unrelated to the proprietor and, in addition, some treatment or services are provided which meet some need beyond the basic provision of food and shelter. The type of institution (public or private), the purpose of being in the institution (medical or nonmedical), the length of stay, and whether Medicaid makes substantial payments on behalf of the individual are factors that determine whether the individual will establish, retain, or lose eligibility for assistance and the amount of income protected to meet maintenance needs. Institutional living arrangements include but are not limited to nursing facilities, hospitals, psychiatric facilities, licensed nonmedical residential care facilities, and other facilities (such as certain elderly high rises) which meet the above definition. In some instances, the determination of whether a living arrangement meets the definition of institution will need to be made on a case by case basis. What is important is that the arrangement meet all of the previously mentioned criteria (i.e., food, shelter, and some service provided to 4 or more persons).

4141 Penal Institutions - There is no eligibility for an individual who is:

1. Physically residing in a jail or penitentiary.
   
   

2. An accused person or convicted criminal under the custody of the juvenile or adult criminal justice system.
   
   A person can receive assistance if there is no indication of custody, or if in a status of:
   
   

1. pardoned;

2. released on his or her own recognizance;

3. on probation, parole, bail or bond; or

4. participating in a prison diversion program which is operated by a privately supported facility (i.e., a facility which operates without financial or administrative support from the State).
   
   

3. In rare instances a person considered in custody could also be in a status indicated in (a), (b), (c), or (d) above. Such person could receive assistance. Either the court record or a document in the possession of the client should be available to clearly establish any of these statuses.
   
   

NOTE: Since "house arrest" is a term used across the state for a variety of situations, this status cannot be used to confirm eligibility requirements. It is only an indication to look for applicability of another status above in determining eligibility. It is recognized that many clients considered in house arrest will be eligible for assistance as there will be no actual custody indication.