PLACEMENT BY A STATE IN AN
OUT-OF-STATE INSTITUTION
§ 148.81. Placement by a state in an out-of-State institution.
For a person placed by a state in an out-of-State institution, the state of residence is determined as follows:
(1) An agency of the state, including an entity recognized under state statute as being under contract with the state for these purposes, that arranges for a person to be placed in an institution located in another state, is recognized as acting on behalf of the state making a placement. The state arranging or actually making the placement is considered the person’s state of residence irrespective of the person’s intent or ability to indicate intent. The placing state also retains responsibility for a person when placement is initiated by it because the state lacks a sufficient number of appropriate facilities to provide services to its residence.
(2) An action beyond providing information to the person and the person’s family constitutes arranging, or making, a state placement. The following actions do not constitute state placement:
(i) Providing basic information to a person about another state’s MA Program and information about the availability of health care services and facilities in another state.
(ii) Assisting a person in locating an institution in another state, if the person is capable of indicating intent and independently decides to move.
(3) When a competent person leaves the institution in which the person was placed by a state, the person’s state of residence for MA purposes is the state in which the person is physically located.
(4) A person placed in an out-of-State institution by the state is subject to the reapplication or partial reapplication requirements under Chapter 133 (relating to redetermining eligibility).
Cross References This section cited in 55 Pa. Code § 148.15 (relating to permanent move from this Commonwealth); and 55 Pa. Code § 148.51 (relating to institutionalized persons 21 years old or older).
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