Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 477 - MEDICAID ELIGIBILITY
Chapter 6 - STATE RESIDENCY
Section 477-6-002 - RESIDENCE OF APPLICANTS ENTERING THE STATE INTO A LICENSED HOME
Current through March 20, 2024
The intent of an applicant to establish Nebraska residence must be investigated if the applicant comes into the state and immediately enters a home licensed by the Nebraska Department of Health and Human Services, Division of Public Health (nursing home or alternate care facility).
To determine the applicant's intent to establish residence in Nebraska, the applicant's purpose for entering the state must be considered.
The applicant is a Nebraska resident if his/her purpose for entering the state was because s/he
1. Desired to be near to close friends or relatives in the state;
2. Previously resided in the state; or
3. Has other contacts in the state.
If none of these conditions exist, the applicant's intent to establish residence shall be evaluated by the Department. If the applicant states that s/he plans to establish residence, but the situation seems to indicate otherwise, other factors are reviewed, including when the applicant entered the state, whether the applicant maintains a residence or owns property (including real and/or personal property) in another state, and the place of residence of the applicant's spouse and other immediate family members, if any.
Relevant factors to take into consideration include if the applicant was eligible for Medicaid in the state in which s/he previously resided, how the applicant was referred to the facility in Nebraska, and where the applicant would reside if s/he moved out of the facility in Nebraska, and any other related factors.
