321.3 Emancipation

If an individual is emancipated and under age 21, he or she may apply for MA on his or her own.            

55 Pa. Code § 148.2

 

An individual under age 21 is considered emancipated if one or more of the following conditions apply:     

    

55 Pa Code § 145.62

 

NOTE:  For MAGI-related MA, an individual is emancipated if he or she is:

(a) age 19 or older.

(b) under age 19 and either married or no longer under the care and control of a parent.

 

An individual can be considered emancipated whether or not he or she is living with a parent or legal guardian.

An unmarried individual under age 21 who is not living with a parent or legal guardian is usually emancipated. However, the CAO must find out who has care and control of the minor if he or she left the parent's household shortly before applying or if there are other factors that make the CAO unsure about the individual’s status.


When an unmarried minor is living with a parent or legal guardian, the CAO must verify with the adult whether or not the minor is under the adult’s care and control. The CAO must always try to get proof of emancipation in writing. The CAO must base the emancipation decision on all available facts.


An individual of any age may submit a completed, signed Application for Benefits (PA 600) to the CAO. If the CAO finds that the individual is an unemancipated minor, the minor's parent or other adult with care and control of him or her must complete the application process.


Note: If the application is submitted by a provider, the CAO must determine on MA eligibility using the date the PA 600 was signed by the minor.

 

Note:  An unemancipated minor may submit an application for, and be reviewed for, the Family Planning Services Program.  If the unemancipated minor does not have the signature of a parent or guardian and/or does not or cannot provide all household information, they cannot be reviewed for full MA coverage, but may still be reviewed for the Family Planning Services Program only.

 

Reminder: A child under age 21 who is unemancipated must be included in the same applicant/recipient group as his or her parents, siblings, and half-siblings.

The CAO must not count the resources of a child under age 21 and of the child’s parents when deciding on the child’s MA eligibility, whether or not he or she is emancipated. Also, the CAO must not consider the child’s emancipation status when deciding the amount of a parent's income that is deemed available to the child when the child is living in the parental household.

 

Note:  If an unemancipated minor is claimed as a tax dependent by his other parent(s) and the minor resides with the parent(s), and the minor resides with the parent(s), the minor will be included for purposes of determining the MAGI-related MA tax filing household composition.

Updated November 4, 2016, Replacing February 14, 2012