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

 

For all programs except the Food Assistance Program, 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.

 

For Medical programs, 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.

For the Food Assistance Program, Individuals must live in the state, but are not required to have the intent to permanently reside in the state in which they make application. Individuals in the state solely for vacation purposes are not considered residents. A fixed living or mailing address is not required. Homeless individuals are considered residents.

Temporary absence from the state exists when a visit for a period of less than one calendar month is made out of the state and the intent is to return. Household members away from home because of a vacation or illness will maintain their household member status if they are in the home during any part of the calendar month. If the absence is to cover a full calendar month, the individual(s) should be removed from the household. When a client notifies the agency of a move to another state with the intent to reside there, the client must be informed in writing that assistance is being discontinued giving timely and adequate notice.

 

2151 Duplicate Benefits - Residence can be established in a month regardless of whether the person has received benefits from another state in that month. However for cash and food assistance purposes, benefits cannot be provided in any month in which the client has received such benefits in another state. In addition, for food assistance purposes, (1) no individual may participate as a member of more than one household, unless an individual is a resident of a shelter for battered persons and children as defined in 2543 and was a member of a household containing the person who has abused her; and (2) no individual may participate in the Food Assistance Program and the Food Distribution Program on Indian Reservations (FDPIR) in the same month. Also see KEESM 11221.1 and 4212.2. Persons disqualified from FDPIR for fraud cannot participate in food assistance until the disqualification period has expired. Verification of whether a person is getting FDPIR or not needs to now include a question about fraud disqualification.

 

Persons who move from another state can receive medical or child care benefits in Kansas in the month he or she moves from that state. For medical, the person must be otherwise eligible for Medicaid (including being otherwise eligible for TANF except for the prohibition around duplicate payments) or Title 21. This would not apply, however, to the MediKan program.

 

2152 Institutionalization (Applicable to Medical Only) - For medical assistance, 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 DCF 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.