(a) Except as provided in subdivision (f), an individual is a resident of this state if he or she is 21 years of age or older, is not residing in an institution, is living in the state, and any of the following apply:
(1) The individual intends to reside in this state, including individuals who do not have a fixed address.
(2) The individual has entered this state with a job commitment or is seeking employment in this state, regardless of whether he or she is currently employed.
(3) The individual is incapable of indicating intent.
(b) Except as provided in subdivision (f), an individual that is 21 years of age or older, is residing in an institution, and became incapable of indicating intent before reaching 21 years of age is a resident of this state if any of the following apply:
(1) The individual’s parents reside in separate states and the parent applying for Medi-Cal on the individual’s behalf is a resident of this state under this section.
(2) The parental rights have been terminated and a legal guardian has been appointed for the individual and the legal guardian applying for Medi-Cal on the individual’s behalf is a resident of this state under this section.
(3) The individual’s parent or parents, or legal guardian if parental rights have been terminated, was a resident of this state under this section at the time the individual was placed in the institution.
(4) The individual is institutionalized in this state and the parent or parents, or legal guardian if parental rights have been terminated, applying for Medi-Cal on the individual’s behalf is a resident of this state under this section.
(5) The individual is institutionalized in this state, has been abandoned by his or her parent or parents, does not have a legal guardian, and the individual or party that filed the Medi-Cal application on the individual’s behalf is a resident of this state under this section.
(c) Except as provided in subdivision (f) and except where another state has placed the individual in the institution, an individual is a resident of this state if he or she is 21 years of age or older, is institutionalized in this state, and became incapable of indicating intent on or after reaching 21 years of age.
(d) Except as provided in subdivision (f), an individual is a resident of this state if he or she is 21 years of age or older, is institutionalized in this state, and intends to reside in this state.
(e) Except as provided in subdivision (f), an individual that is under 21 years of age is a resident of this state if one of the following apply:
(1) The individual is not residing in an institution, is capable of indicating intent, is married or is emancipated from his or her parents, is living in this state, and one of the following apply:
(A) The individual intends to reside in this state, which includes an individual who does not have a fixed address.
(B) The individual has entered this state with a job commitment or is seeking employment in this state, regardless of whether he or she is currently employed.
(2) The individual is not described in paragraph (1) and is not living in an institution, and any of the following apply:
(A) The individual resides in this state, including without a fixed address.
(B) The individual resides with his or her parent or parents or a caretaker relative who is a resident of this state under this section.
(3) The individual is institutionalized, is not married or emancipated, and any of the following apply:
(A) The individual’s parent or parents, or legal guardian if parental rights have been terminated, was a resident of this state under this section at the time of placement in the institution.
(B) The individual is institutionalized in this state and his or her parent or parents, or legal guardian if parental rights have been terminated, who files the application on the individual’s behalf is a resident of this state under this section.
(C) The individual is institutionalized in this state, has been abandoned by his or her parents, does not have a legal guardian, and the individual or party that files the application on the individual’s behalf is a resident of this state under this section.
(f) An individual who is receiving a state supplementary payment (SSP) is a resident of the state paying the SSP.
(g) An individual who lives in this state and is receiving foster care or adoption assistance under Title IV-E of the federal Social Security Act is a resident of this state.
(h) (1) If this state or an agent of this state arranges for an individual to be placed in an institution located in another state, the individual is a resident of this state.
(2) The following actions do not constitute a placement by this state:
(A) Providing basic information to the individual about another state’s Medicaid program and information about the availability of health care services and facilities in another state.
(B) Assisting an individual to locate an institution in another state when the individual is capable of indicating intent and independently decides to move to the other state.
(3) When a competent individual leaves the facility in which he or she was placed by this state, that individual’s state of residence is the state where the individual is physically located.
(4) If this state initiates a placement in another state because it lacks an appropriate facility to provide services to the individual, the individual is a resident of this state.
(i) For the purposes of this section and Section 14007.1, the following definitions apply:
(1) “Incapable of indicating intent” means when an individual is considered to be any of the following:
(A) Determined to have an I.Q. of 49 or less or to have a mental age of 7 years or younger based upon tests administered by a properly licensed mental health or developmental disabilities professional.
(B) Found to be incapable of indicating intent based on medical documentation provided by a physician, psychologist, or other person licensed by the state in the field of mental health or developmental disabilities.
(C) Been judicially determined to be legally incompetent.
(2) “Institution” shall have the same meaning as that term is defined in Section 435.1010 of Title 42 of the Code of Federal Regulations. For the purposes of determining residency under subdivision (h), the term also includes licensed foster care homes providing food, shelter, and supportive services to one or more persons unrelated to the proprietor.
(j) To the extent otherwise required by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department shall adopt emergency regulations implementing this section no later than July 1, 2015. The department may thereafter readopt the emergency regulations pursuant to that chapter. The adoption and readoption, by the department, of regulations implementing this section shall be deemed to be an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review by the Office of Administrative Law.
(k) This section shall be implemented only if and to the extent that federal financial participation is available and any necessary federal approvals have been obtained.
(l) This section shall become operative on January 1, 2014.
(Added by Stats. 2013, 1st Ex. Sess., Ch. 4, Sec. 18. (SB 1 1x) Effective September 30, 2013. Section operative January 1, 2014, by its own provisions.)
Last modified: October 25, 2018