State of Wisconsin Department of Health Services

Release 24-02 August 22, 2024

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6.2 Intent to reside

The intent to reside requirement applies to any adultAn adult is anyone age 18 or older. age 18 or older who is capable of indicating intent. An adult is incapable of, and thus exempt from, indicating intent when:

1. His or her I.Q. is 49 or less or he or she has a mental age of 7 or less, based on tests acceptable to Wisconsin's DHSDepartment of Health Services; or
2. He or she is judged legally incompetent by a court of record; or
3. Medical documentation obtained from a physician, psychologist, or other person licensed by Wisconsin in the field of developmental disabilityThe law defines disability for Medicaid as "The inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." supports a finding that he or she is incapable of indicating intent.

If the applicantA person who has submitted a request for coverage for whom no decision has been made regarding eligibility/memberA recipient of Medicaid; formerly referred to as a "client." is incapable of indicating intent, the guardian or person acting on behalf of the applicant/member can indicate the applicant's/member's intent to reside.

“Intent to reside” does not mean an intent to stay permanently or indefinitely in the state, nor does it require an intent to reside at a fixed address.

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The information concerning the Medicaid program provided in this handbook release is published in accordance with: Titles XI and XIX of the Social Security Act; Parts 430 through 481 of Title 42 of the Code of Federal Regulations; Chapters 46 and 49 of the Wisconsin Statutes; and Chapters HA 3, DHS 2, 10 and 101 through 109 of the Wisconsin Administrative Code.

Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.

Publication Number: P-10030