Section 218-RICR-10-00-1.5 - Residency RequirementsThe financial and Social Services Programs of the Department of Human Services (DHS) exist primarily to meet the needs of residents of the state. Therefore, as a factor of eligibility, an individual who is applying or reapplying for benefits or services from Rhode Island must be a resident of the state. Any person living in the state voluntarily with the intent of making the state his/her home, for whatever reason, is a resident of the state.
1.5.1Verification of ResidencyA. At the time of initial application, self-attestation of Rhode Island residency is accepted and/or verified electronically and the intent to remain is accepted unless required for the evaluation of resources or income that has been earned by the applicant in another state. In addition, electronic data matches verified through information exchanges are conducted on a regular basis in conjunction with the post-eligibility verification process.B. Current acceptable forms of residency document verifications are, but not limited to, the following: 9. City or town tax statement; and/or1.5.2Denial of Eligibility on Basis of ResidenceA. Eligibility based on residency may not be denied due to the following: 1. A person has not lived in the state of a specified period;2. An individual in an institution, who satisfies the rules set forth in 210-RICR- 40-05-1.9.3 (A)(2), did not establish residence in the state before entering the institution;3. A person is temporarily absent from the state if the person intends to return when the purpose of the absence has been accomplished, unless another state has determined that the person is a resident there.B. Residence is retained until abandoned. Temporary absence from the state, with subsequent returns to the state, or intent to return when the purposes of the absence have been accomplished, does not interrupt the continuity of residence.1.5.3Absence of a RecipientA. A recipient who leaves Rhode Island with the intent to reside in another state is considered to have abandoned residence and is not eligible to continue to receive assistance from Rhode Island. He/She is advised of his/her right to apply for assistance in the state to which he/she is moving. Assistance is not continued beyond the final benefit distribution of the month in which he/she leaves.B. A recipient receiving a benefit who leaves Rhode Island and who has intent to return and maintains his/her residence here, is notified by receiving a notice that assistance will be discontinued for the next effective benefit distribution, unless he/she has notified DHS that he/she has returned to the state prior to that discontinuance. Any interim benefit distribution may be forwarded unless the recipient notifies the agency that he/she has been accepted in another state. However, any benefit distribution beyond the next effective benefit month cannot be forwarded.1.5.4Interstate-Agreements on ResidencyThere may be written agreements between states setting rules and procedures for resolving cases of disputed residence. However, there can be no criteria which would result in the loss of residence in both states and a procedure to provide Medicaid pending resolution of the dispute must be included.
218 R.I. Code R. 218-RICR-10-00-1.5