3.3 Determining State Residency

3.3.1 Under Age 21
3.3.2 Age 21 and Over

3.3.1 Under Age 21

Not in an institution

A person under age 21 and not residing in an institution is a Wisconsin resident if he or she is:

Age 18 or under age 18 and emancipated from his or her parents, or married, and is:

1. Living in Wisconsin with the intent to remain living in Wisconsin, or
2. Living in Wisconsin and entered Wisconsin with a job commitment or to seek employment.

Under age 18 and not emancipated from his or her parents and not married, and is living in Wisconsin.

Note: For individuals received Medicaid based on receipt of Title IV-E assistance or if the individual receives State SSI, see section 3.4.

Living in another state when Wisconsin or one of its county agencies has legal custody of him or her.

Living here and is eligible based on blindness or disability.

In an institution

The residence of a person under age 21 living in a Wisconsin institution when his or her parents or legal guardian lives outside of Wisconsin is the state in which the parent or legal guardian states the institutionalized person is present, and intends to stay.

If the parents have abandoned him or her and no legal guardian has been appointed, his or her residence is the state in which the institution is located, and the person making the Medicaid applicationA request for BadgerCare Plus coverage. The request must be on the Department's application or registration form and must contain name, address, and a valid signature. The applicant must submit a signed and completed application form to complete the application process. must reside in the same state.

If he or she is married, his or her residence is the institution's state.

3.3.2 Age 21 and Over

Not in an Institution

The residence of an individual over age 21 who is not institutionalized is Wisconsin if he or she is:

Living in Wisconsin with the intent to remain living in Wisconsin, or
Living in Wisconsin and entered Wisconsin with a job commitment or to seek employment.

If he or she is incapable of expressing intent, an individual is a resident if he or she is living in Wisconsin.

In an institution

The residence of a person who became incapable of indicating intent before age 21 is determined in the same way as the residence of an institutionalized person under age 21.

The residence of a person who became incapable of indicating intent at age 21 or older is Wisconsin, unless the placement was arranged by another state.

For all others, the person is a Wisconsin resident if he or she intends to reside in Wisconsin

This page last updated in Release Number: 13-02
Release Date: 10/25/13
Effective Date: 10/01/13