A person age 21 or older who is receiving LTC services in Pennsylvania is a resident of Pennsylvania if: 55 Pa. Code § 148.51
the individual intends to stay permanently or indefinitely in the state,
the individual became incapable at or after age 21 of indicating intent to stay permanently or indefinitely and is receiving LTC services in the state, or
the individual became incapable before age 21 of indicating intent to stay permanently or indefinitely in the state and the application was filed by a resident of Pennsylvania who was one of the following:
A parent or, if parental rights were stopped, a legal guardian. (If the parent or legal guardian is currently not a resident of Pennsylvania but was a resident at the time the individual was placed, the individual is considered a resident of Pennsylvania.)
Any individual receiving LTC services who was abandoned by his or her parents (including parents who are deceased) and who does not have a legal guardian.
An individual under age 21 who is receiving LTC services in Pennsylvania and is neither married nor emancipated is considered a resident of Pennsylvania if:
the individual’s parent or legal guardian was a resident of Pennsylvania at the time the individual began receiving LTC services, or
the individual is receiving LTC services and the application was filed by a resident of Pennsylvania who was one of the following:
A parent or, if parental rights have been stopped, a legal guardian.
Any individual receiving LTC services who was abandoned by his or her parents (including parents who are deceased) and who does not have a legal guardian.
An individual is not considered able to state his or her intent to stay in Pennsylvania if: 55 Pa. Code § 148.71
the individual has an IQ of 49 or lower, or a mental age of 7 or lower, based on tests acceptable to the Office of Developmental Programs (ODP);
the individual has been found incapacitated by a court of law; or
medical records from a doctor, psychologist, or anyone licensed by the state in the field of mental retardation show that the individual is unable to state his or her intent.
Updated March 12, 2012, Replacing October 31, 2008