10A NCAC 23E .0103       RESIDENCE

(a)  The requirements stated in 42 CFR 435.403 shall apply to determine residence in the state except for provisions in Paragraph (b) of this Rule.

(b)  Residents of the state of Georgia who enter a long term care facility in N.C. within 40 miles of the resident state's border shall retain residence in the prior state.  Residents of N.C. who enter a long term care facility in Georgia within 40 miles of the N.C. border retain N.C. residency.

(c)  An individual visiting in the state without intent to remain shall be ineligible for Medicaid.

(d)  An individual who moves to another state and intends to remain living in that state shall not be eligible for N.C. Medicaid.

(e)  County residence:

(1)           Any client who moves from one county to another North Carolina county shall continue to receive assistance if eligible.

(2)           An individual ordinarily has residence in the county in which he resides.  However, if he is in a hospital, mental institution, intermediate care facility, skilled nursing home, boarding home, confinement center or similar facility, the county in which the facility is located shall not be his legal residence.  Except for (e)(3) in this Rule, the county of legal residence shall be the county in which the individual lived in a private living arrangement prior to entering a facility.

(3)           If an individual who became disabled prior to age 18 has remained in a facility, he remains a resident of the county and state in which his parent(s) had residence immediately prior to his reaching age 18.  If, as an adult, he is applying for assistance and it is not possible to trace his county of residence as a minor, he shall establish residence based on his intent to remain regardless of his parent's current legal residence.

(f)  The client's statement shall be accepted as verification unless there is reason to doubt it.  If there is doubt, evaluation of the statement shall be substantiated for:

(1)           Temporary absence by determination of the reason for absence, expected duration of the absence, and continued maintenance of home in county of residence;

(2)           Entering the state for employment purposes by verified employment, contacts with prospective employers, health department records, Employment Security Commission or Rural Manpower office registration, home in another state with lease or other legal agreement for rental or purchase, or documents proving separation from dependents in another state;

(3)           Intent to remain by documents proving disposition of home in prior state, auto registration and drivers license changed to N.C. within 30 days, change in address with former post office or other sources from which income is received and change in voter registration, tax listing;

(4)           Incapability of stating intent by verification of representative payee for benefit payments, receipt of benefits on basis of mental illness or retardation, care is provided in a mental retardation facility or power of attorney or guardian has been appointed for him.


History Note:        Authority G.S. 108A-54; G.S. 150B-14(c); 42 C.F.R. 435.403;

Eff. September 1, 1984;

Amended Eff. August 1, 1990;

Transferred from 10A NCAC 21B .0303 Eff. May 1, 2012.