Sec. 07.03.01.07. Institutions

A. In this regulation, the following terms have the meaning indicated:

(1) "Public institution" means a place of residence which affords shelter or care to two or more individuals and which is operated and managed under public auspices, as evidenced by:

(a) The ownership of ground and buildings by the State, county, or municipal government;

(b) Management in whole or in part by or through any public instrumentality, official, or employee acting in an official capacity; or

(c) The major portion of expenses being met by inclusion in the public budget and appropriation for it.

(2) Inmate of a Public Institution.

(a) "Inmate of a public institution" means an individual who is living in the public institution and plans to continue to live there, or is there by court commitment.

(b) "Inmate of a public institution" does not include an individual who:

(i) Has a definite plan to leave the institution within the current month or the following month;

(ii) Is attending a public educational or vocational training institution where living in the institution is incidental to the purpose of securing education or training; or

(iii) Is on conditional release from a public mental hospital and enters into another living arrangement free of controls by the hospital other than professional help or guidance related to his mental condition.

B. Eligibility.

(1) Tuberculosis or Mental Hospitals.

(a) Assistance may not be granted to an individual in a public or a private institution for tuberculosis or mental disease who is 64 years old or younger.

(b) Assistance may be granted to an individual who is 65 years old or older in an institution for tuberculosis or mental disease if the individual is:

(i) Certified for payment under the Medical Assistance Program; and

(ii) In one of the State mental or tuberculosis hospitals designated for payment under that program.

(2) Public Institution. The local department may not grant assistance to an inmate of a public institution except while a patient is:

(a) Certified for payment under the Medical Assistance Program for care in a public medical institution; or

(b) In an intermediate care unit that is a distinct part of a public medical institution qualified for payment under the Medical Assistance Program.

(3) Private Institution. The local department may grant assistance to an eligible individual in a private institution except as limited by this regulation.