6 Pa. Code § 22.22 - Residence provisions
(a)
Residence criteria. Except as set forth in subsection (d), a
resident is a person who has lived within this Commonwealth, under color of
law, for a period of at least 90 consecutive days immediately preceding the
date the applicant's application to participate in PACE is received by the
Department. The applicant shall have or intend to have a fixed place of abode
in this Commonwealth, with the present intent of maintaining a permanent home
in this Commonwealth for the indefinite future. The burden of establishing
proof of residence within this Commonwealth is on the applicant. Included in
this section are persons residing in long-term care institutions located within
this Commonwealth.
(b)
Documentation of residence. The following are categories of
documents which may be submitted as proof of residence in this Commonwealth.
Documents submitted shall show the applicant's name and address. If the
application submitted has the applicant's current name and address preprinted
upon it, no other piece of documentation of residence is required to be
submitted. Otherwise, one document from one of the following categories shall
be photocopied and be provided as reasonable proof of residence:
(1) Motor vehicle records, such as a valid
driver's license.
(2) Housing
records, such as mortgage records, rent receipts or certification of residency
in a nursing home.
(3) Public
utility records and receipts, such as electric bills.
(4) Local tax records.
(5) A completed and signed, Federal, State or
local income tax return with the applicant's name and address preprinted on
it.
(6) Records of contacts with
public or private social agencies.
(7) Employment records, including records of
unemployment compensation.
(8)
Additional documents or records determined acceptable by the Department and
indicated in the instructions which accompany the PACE application
form.
(c)
Other
documentation. If an individual does not have one or more documents
listed in subsection (b), the individual may submit other documentation showing
the applicant's name and address for consideration by the Department.
Documentation evidencing financial transactions, such as bank statements or
credit card statements, are preferable. If it can be determined that no
documentation of residency is available to the applicant, PACE may accept a
notarized statement from a family member or other responsible person. The
statement shall include the relationship to the applicant of the person making
the statement, the address and length of residence of the applicant, and shall
be dated within the current or preceding year. The statement shall include the
address and telephone number of the person making the statement. These
statements shall be approved by the Department before they will be
accepted.
(d)
Exception to
the 90-day residency provision. An applicant who has not lived within
this Commonwealth for 90 consecutive days will be considered a resident under
the PACE Program if the applicant can establish intent to maintain a permanent
home in this Commonwealth for the indefinite future by submitting a photocopy
of a document from one of the following categories:
(1) Motor vehicle records, such as a valid
driver's license.
(2) Public
utility records and receipts, such as electric bills.
(3) Local tax records.
(4) A completed and signed Federal, State or
local income tax return with the applicant's name and address preprinted on
it.
(e)
Continued
residence. Residence in this Commonwealth of a claimant absent from
this Commonwealth shall be based upon whether or not the claimant intends to
return to this Commonwealth or remain indefinitely in another jurisdiction. If
a claimant leaves this Commonwealth with the intent to establish a place of
abode elsewhere, the claimant becomes ineligible to participate in PACE
effective as of the date of exit from this Commonwealth.
Notes
This section cited in 6 Pa. Code § 22.2 (relating to definitions); 6 Pa. Code § 22.21 (relating to general claimant eligibility policy); 6 Pa. Code § 22.33 (relating to responsibilities of the applicant in the application process); and 6 Pa. Code § 22.42 (relating to responsibilities of the claimant in the eligibility redetermination process).
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