Current through Register 1531, September 27, 2024
As a condition of eligibility, an applicant or member must be a
resident of the Commonwealth of Massachusetts.
(A) Unless otherwise specified
(1) individuals 21 years of age or older are
residents of the Commonwealth if they are living in the Commonwealth and either
(a) intend to reside in the Commonwealth,
with or without a fixed address; or
(b) have entered the Commonwealth with a job
commitment or are seeking employment, whether or not they are currently
employed; or
(2)
individuals 21 years of age or older who are not capable of stating intent as
defined in
42 CFR
435.403(c) are residents of
the Commonwealth if they are living in the Commonwealth.
(3) For any other non-institutionalized
individuals 21 years of age or older not subject to 130 CMR 503.002(A)(1) or
(2), their residence is determined in accordance with
45 CFR
233.40, the rules governing residence under
the Transitional Assistance to Families with Dependent Children (TAFCD)
program.
(B) Unless
otherwise specified
(1) individuals younger
than 21 years old are residents of the Commonwealth if they are capable of
indicating intent and are either married or emancipated from their parents and
meet the requirements of 130 CMR 503.002(A)(1); or
(2) individuals younger than 21 years old not
described in 130 CMR 503.002(B)(1) are residents of the Commonwealth if they
are
(a) living in the Commonwealth, with or
without a fixed address; or
(b)
living with their parent or caretaker who is a resident of the Commonwealth in
accordance with the requirements of 130 CMR 503.002(A)(1).
(C) Individuals of any age who are
receiving a state supplementary payment (SSP) are residents of the Commonwealth
if the Commonwealth is the state paying the SSP.
(D) Individuals of any age who are receiving
federal payments for foster care and adoption assistance under title IV-E of
the Social Security Act are residents of the Commonwealth if
the Commonwealth is the state where the individuals live.
(E)
(1) The
individual's residency is considered verified if the individual has attested to
Massachusetts residency and the residency has been confirmed by electronic data
matching with federal or state agencies or information services.
(2) If residency cannot be verified through
electronic data matching or there is conflicting information, the MassHealth
agency may require documentation to validate residency.
(F) Acceptable proof of Massachusetts
residency includes the following, as well as any other verification allowed as
determined by the MassHealth agency:
(1) copy
of deed and record of most recent mortgage payment (if mortgage is paid in
full, provide a copy of property tax bill from the most recent year);
(2) current utility bill or work order dated
within the past 60 days;
(3)
statement from a homeless shelter or homeless service provider;
(4) school records (if school is private,
additional documentation may be requested);
(5) nursery school or daycare records (if
school is private, additional documentation may be requested);
(6) Section 8 agreement;
(7) homeowner's insurance
agreement;
(8) proof of enrollment
of custodial dependent in public school;
(9) copy of lease and record of most recent
rent payment; or
(10) affidavit
supporting residency signed under pains and penalties of perjury that states
the individual is not visiting Massachusetts for personal pleasure or to
receive medical care in a setting other than a nursing facility.
(G) Examples of applicants or
members who do not meet the residency requirement for MassHealth are
(1) individuals who came to Massachusetts for
the purpose of receiving medical care in a setting other than a nursing
facility, and who maintain a residence outside of Massachusetts;
(2) individuals visiting Massachusetts for
personal pleasure, who maintain a residence outside of Massachusetts;
and
(3) individuals whose
whereabouts are unknown.
(H) Inmates of penal institutions may not
receive MassHealth benefits except under one of the following conditions, if
they are otherwise eligible for MassHealth:
(1) they are inpatients in a medical
facility; or
(2) they are living
outside of the penal institution, are on parole, probation, or home release,
and are not returning to the institution for overnight stays.