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Categorical Eligibility

In addition, to establish technical eligibility for nursing home Medicaid, an applicant must be (i) a U.S. Citizen or lawfully admitted alien, (ii) a resident of the State where benefits are sought and (iii) have been treated for a continuous period of 30 days in a medical facility. 42 C.F.R. § 435.211. [Note 7]. By way of example, the technical eligibility criteria and the citations are summarized as follows:

Note 7: Georgia ABD Manual Section 2235, Length of Stay.

Note 8: The following documentation should be sufficient to establish citizenship: birth certificate, U.S. Passport, United States Citizen Identification Card, Report of Birth Abroad of a Citizen of the United States, Certification of Birth issued by a foreign service post. Section 203 of the Immigration and Nationality Act refers to 8 USC § 1153, but subsection (a)(7) no longer exists. 8 USC § 1641 refers to 203 as in effect as of April 1, 1980 in defining qualified aliens.

Note 9: The generic definition of resident is the state where someone is living and intends to reside. 42 C.F.R. § 435.403(h). For purposes of Medicaid, 42 C.F.R. § 435.403(d) expands that definition to include individuals meeting the conditions in paragraphs (e) through (i). Resident also includes adults who are incapable of indicating intent. 42 C.F.R. § 435.403(c).

In addition, long-term care classes of assistance have a 30 day length of stay requirement to establish eligibility.

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