(a) No period of residence in this state shall be required as a condition for eligibility for medical assistance under this chapter, but an individual who does not reside in this state shall not be eligible.
Terms Used In Tennessee Code 71-5-120
Applicant: means any person who has applied for benefits under this part. See Tennessee Code 71-5-103
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Medical assistance: means payment of the cost of care, services and supplies necessary to prevent, diagnose, correct or cure conditions in the person that cause acute suffering, endanger life, result in illness or infirmity, interfere with the person's capacity for normal activity, or threaten some significant handicap and that are furnished an eligible person in accordance with this part and the rules and regulations of the department. See Tennessee Code 71-5-103
Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Resident: means any individual who is living within the state, with the intent that such person's permanent home be within the state, and not temporarily. See Tennessee Code 71-5-103
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) The bureau of TennCare shall adopt rules for determining whether an applicant is a resident of this state subject to the requirements of federal law. The rules shall require that state residency is not established unless the applicant does both of the following:
(1) The applicant produces one (1) of the following:
(A) A current Tennessee rent or mortgage receipt or utility bill in the adult applicant’s name;(B) A current Tennessee motor vehicle driver’s license or identification card issued by the Tennessee department of safety in the adult applicant’s name;(C) A current Tennessee motor vehicle registration in the adult applicant’s name;(D) A document showing that the adult applicant is employed in this state;(E) A document showing that the adult applicant has registered with a public or private employment service in this state;(F)Evidence that the adult applicant has enrolled the applicant’s children in a school in this state;(G) Evidence that the adult applicant is receiving public assistance in this state;(H) Evidence of registration to vote in this state; or(I) Other evidence deemed sufficient to the bureau or the department of human services, or both, as proof of residency in this state; and(2) The adult applicant declares, under penalty of perjury, that all of the following apply:
(A) The adult applicant does not own or lease a principal residence outside of this state; and(B) The adult applicant is not receiving public assistance outside of this state. As used in this subdivision (b)(2)(B), “public assistance” does not include unemployment insurance benefits.(c) Residency for minors shall be determined as otherwise permitted under state and federal law. A minor for the purposes of this subsection (c) is a person younger than nineteen (19) years of age.(d) A denial of determination of residency may be appealed in the same manner as any other denial of eligibility. A determination of residency shall not be granted unless a preponderance of the credible evidence supports the adult applicant’s intent to remain indefinitely in this state. In making determinations or verifications of residency, subject to the requirements of subsection (b), the department of human services shall apply the same policies and procedures as are applied in the determination of residency for other programs administered by the department to the extent permitted under or by federal law.
