2-003.02 Residence of Individuals Entering the State
The intent of an individual to establish Nebraska residence must be investigated in accordance with this regulation if the individual comes into the state and immediately enters a facility licensed by the Nebraska Department of Health and Human Services Regulation and Licensure.
Facilities include hospitals, nursing homes, or alternate care facilities.
To determine the individual's intent to establish residence in Nebraska the worker must consider the individual's purpose for entering the state. The individual is considered a Nebraska resident if his/her purpose for entering the state was because s/he:
1. Desired to be near to close friends or relatives in the state;
2. Previously resided in the state; or
3. Has other contacts in the state.
If none of the previously mentioned conditions exist, the worker must evaluate the client's intent to establish residence. If the client states that s/he plans to establish residence but the situation seems to indicate otherwise, the worker must review factors such as when the client entered the state, whether the client maintains a residence or owns property (including real and/or personal property) in another state, place of residence of the client's spouse and other immediate family members; and length of time in the Nebraska facility on private pay. The worker must also consider if the client was eligible for medical assistance in the state in which s/he previously resided, how the client was referred to the facility in Nebraska (e.g., family member, hospital staff, social service worker in the other state, etc.), where the client would reside if s/he moved out of the facility in Nebraska, and any other related factors. Before denying assistance, the worker must describe the circumstances on Form ASD-17 and submit it to the Central Office, including any information relating to the listed factors. At the Central Office a review and a decision will be made based upon the information relating to the listed factors.
{Effective 4/11/95}