A Overview

 

 

 

Revised 11/24/2020

 

Policy

A person must be a resident of Arizona to qualify for AHCCCS Medical Assistance (MA).

Residency policy is covered in four sections:

·        Special rules for state residence;

·        General rules for state residence;

·        Temporary absence from the state; and

·        Customers moving into the state.

 

1)    Special Rules for State Residence

The following rules are used first when determining a customer’s state of residence:

·        A customer getting a State Supplementary Payment (SSP) is a resident of the state paying the SSP.

·        A customer getting Title IV-E Foster Care or Adoption Subsidy payments is a resident of the state where he or she is living.

·        When a state agency places a customer in an institution in another state, the customer remains a resident of the original state.

·        A customer is considered a resident of the state where their home property is located when all of the following conditions exist:

o       The customer is institutionalized in Arizona;

o       The customer has a home property located out of state; and

o       The customer's spouse or dependent still lives in the out-of-state home property.

 

 

2)    General Rules for State Residence

For all other people, use the rules in the table below.

If the customer is…

And is…

Then …

An adult (18 or older)

OR

Under age 18, but is married, divorced or emancipated

Able to say in what state he or she intends to live

The customer is a resident of the state where he or she is living when the customer:

·        Intends to live in the current state (even without a fixed address); or

·        Entered the state with a job offer or looking for work.

Unable to indicate intent

The state of residence is where the customer is living.

A child under age 18 who is not emancipated and never married

Not in an institution

The state of residence is:

·        The state of residence of the parent or caretaker with whom the child lives; or

·        The state where the child is physically living when not living with a parent or caretaker.

In an institution placed by a state agency

The state of residence is:

·        The parent's or legal guardian's state of residence at the time the child was placed in the institution; or

·        The parent’s or legal guardian’s current state of residence if the customer is institutionalized in that state; or

·        The state of residence of a customer who files an application, if the child has been abandoned by the parents, does not have a legal guardian, and is in an institution in that state.

 

3)    Temporary absence from the state

A customer who is only temporarily absent from the state is still a resident of that state.  A customer is considered temporarily absent when he or she intends to return to the state when the reason for the absence is completed, and has not become a resident of another state.

NOTE          Unless the customer was placed in an out of state institution by AHCCCS, the customer can only get emergency services when absent from Arizona.

 

4)    Customers Moving into the State

A person can apply for AHCCCS MA before becoming an Arizona resident, but must become an Arizona resident before the application can be approved.  When a person moves to Arizona, the earliest date benefits can start is the date the person arrived in the state.

When a person applying for AHCCCS moved to Arizona but is receiving benefits in another state, the benefits must be discontinued in the other state.

 

Definitions

Term

Definition

Emancipated

A minor freed from control by his or her parents or guardians.  The parents or guardians are also freed from all responsibility for the child.

Institution

A place that provides food, shelter, and some treatment or services to four or more people who are not related to the owner.

Medical Institution

An institution that is licensed by the state to provide professional medical services.

State Supplementary Payments (SSP)

Payments made by a state to supplement SSI Cash benefits.

Unable to indicate intent

Meets any of the following:

·        Has an I.Q. of 49 or less or has a mental age of 7 or less;

·        Is judged legally incompetent; or

·        Is found incapable of indicating intent based on medical documentation obtained from a physician, psychologist, or other person licensed by the State in the field of intellectual disability.

 

Proof

For ALTCS, the customer’s declaration on the application is accepted as proof of Arizona residency, unless there is evidence to the contrary.

For all other programs, when Arizona residency is not verified electronically, the customer must provide proof.

Proof of Arizona residency includes:

·        Rent or mortgage receipts;

·        Landlord statements;

·        A statement from the nursing facility or other institution;

·        An Arizona driver’s license or state ID card;

·        Arizona vehicle registration;

·        A statement from an employer; or

·        Utility bills or receipts.

 

Legal Authority

Program

Legal Authorities

All programs (except KidsCare)

42 CFR 435.403

42 CFR 435.952

42 CFR 435.956

ARS 36-2933

AAC R9-22-304(B) and (C)

AAC R9-22-305(3)

KidsCare

42 CFR 457.320(e)