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3.1.8 INTERSTATE pLACEMENTS

3.1.8.1 Reciprocal Agreement

3.1.8.2 Disputes

 

An interstate placement occurs when a state or state contracted agency arranges for an individual to be admitted to an institution in another state.

 

"Arranges for" means any action by a state or state-contracted agency beyond providing information to the person or the person's family (or both). Do not consider the following to indicate interstate placement:

 

  1. Giving information to individuals about another state's MA program.
     

  2. Giving information to persons about the availability of health care services and facilities in another state.
     

  3. Helping a person locate an institution in another state when that person is capable of indicating intent and independently decides to move.

 

When a state or state-contracted agency makes the placement, the state making the placement is the person's MA residence.  The person's intent makes no difference.  If Wisconsin places a person into an institution in Minnesota, Wisconsin remains the state of residence for MA even if the person expresses an intent to reside in Minnesota.

 

If Minnesota places a person in Wisconsin, Minnesota is the MA residence despite an indicated intent by the person to make his/her home in Wisconsin.

 

Follow this rule even when placement is made by a state because that state lacks a sufficient number of appropriate facilities to provide services to its residents.

 

Use the general rule of residency when a competent person leaves an institution in which s/he was placed by another state.  But if the person is not able to indicate intent, MA residence continues to be that of the state that made the placement.

 

3.1.8.1 Reciprocal Agreement

Wisconsin has a reciprocal agreement with some other states (see the list below) that persons who are in out-of-state institutions, but were not placed there as a result of an interstate placement, are the residents of the state where the institution is.  For example, a person institutionalized in Wisconsin who would otherwise be considered a resident of Minnesota is a Wisconsin resident for MA purposes.

 

These are the states with whom we have this agreement:

 

Alabama

Kentucky

Pennsylvania

Arkansas

Maryland

S. Carolina

California

Minnesota

S. Dakota

Florida

Mississippi

Texas

Georgia

New Mexico

Virginia

Idaho

N. Dakota

W. Virginia

Kansas

Ohio

 

 

3.1.8.2 Disputes

The state in which the person is physically present is the MA residence when two or more states disagree about the person's residence.

 

If you determine that a state other than Wisconsin is the person's legal residence, contact the other state about providing MA coverage.  

 

 

This page last updated in Release Number : 02-03

Release Date : 07/01/02

Effective Date : 07/01/02