321.3 Emancipation

If an individual is emancipated and under age 21, they may apply for MA on their own.            

55 Pa. Code § 148.2

NOTE:  For MAGI-related MA, an individual is emancipated if they are:

(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 under age 21 (or under 19 for MAGI-related MA) is considered emancipated if one or more of the following conditions apply:     

    

55 Pa Code § 145.62

 

An individual can be considered emancipated whether or not they are living with a parent or legal guardian.

 

An unmarried individual under age 21 (or under 19 for MAGI-related MA) 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 they 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) or Application for Health Care Coverage (PA 600HC) 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 them 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 application was signed by the minor.

 

Note:  An unemancipated minor may submit an application 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.

 

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 they are 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 April 24, 2025, Replacing June 6, 2024