State of Wisconsin Department of Health Services

Release 25-02 April 9, 2025

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3.3 Determining State Residency

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 any of the following is true:

• They are age 18 through 20 or under age 18 and emancipated from their parents, or married, and either of the following is true:
  • They are living in Wisconsin with the intent to remain living in Wisconsin.
  • They are living in Wisconsin and entered Wisconsin with a job commitment or to seek employment.
• They are under age 18 and not emancipated from their parents and not married and are living in Wisconsin.

Note	For individuals receiving Medicaid based on receipt of Title IV-E assistance or if the individual receives State SSI, see Section 3.4 Special Situations.

• They are living in another state when Wisconsin or one of its county agencies has legal custody of them.
• They are living in Wisconsin and are eligible based on blindness or disability.
• They are living in another state when their parent is a resident of Wisconsin, has legal custody of them, and they intend to reside with this parent.

Example 1

Alicia is a Wisconsin resident and intends to remain living in Wisconsin. She gives birth to her son, Max, at a hospital in Minnesota. Due to medical complications, Max is an inpatient in the hospital for three weeks immediately after his birth. Even though Max has not physically been in Wisconsin after his birth, he is a resident of Wisconsin because his parent, Alicia, has legal custody of Max and Max will reside with her in Wisconsin once he is discharged from the hospital.

In an institution

The residence of a person under age 21 living in a Wisconsin institution when their 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 them and no legal guardian has been appointed, their 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 they are married, their residence is the institution's state.

3.3.2 Age 21 and Over

Not in an Institution

An individual over age 21 who is not in an institution is a Wisconsin resident if either of the following is true:

• They are living in Wisconsin with the intent to remain living in Wisconsin.
• They are living in Wisconsin and entered Wisconsin with a job commitment or to seek employment.

If they are incapable of expressing intent, an individual is a resident if they are 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 they intend to reside in Wisconsin.

 

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The information concerning the BadgerCare Plus program provided in this handbook release is published in accordance with: Titles XI, XIX and XXI of the Social Security Act; Parts 430 through 481 of Title 42 of the Code of Federal Regulations; Chapter 49 of the Wisconsin Statutes; and Chapters HA 3, DHS 2 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-10171