1998 Minnesota Statutes

     256G.03 Establishing residence. 

    Subdivision 1.    State residence.  For purposes of this 
 chapter, a resident of any Minnesota county is considered a 
 state resident.  

    Subd. 2.    No durational test.  Except as otherwise 
 provided in sections 256.73, subdivisions 1 and 1b; 256B.056, 
 subdivision 1; 256D.02, subdivision 12a, and 256J.12 for 
 purposes of this chapter, no waiting period is required before 
 securing county or state residence.  A person cannot, however, 
 gain residence while physically present in an excluded time 
 facility unless otherwise specified in this chapter or in a 
 federal regulation controlling a federally funded human service 
 program.  Interstate migrants who enter a shelter for battered 
 women directly from another state can gain residency while in 
 the facility provided the person can provide documentation that 
 the person is a victim of domestic abuse as defined in section 
 256J.49, subdivision 2, and the county determines that the 
 placement is appropriate; and the commissioner of human services 
 is authorized to make per diem payments under section 256D.05, 
 subdivision 3, on behalf of such individuals. 

    Subd. 3.    Use of Code of Federal Regulations.  In the 
 event that federal legislation eliminates the federal regulatory 
 basis for medical assistance, the state shall continue to 
 determine eligibility for Minnesota's medical assistance program 
 using the provisions of Code of Federal Regulations, title 42, 
 as construed on the day prior to their federal repeal, except as 
 expressly superseded in chapter 256B, or as superseded by 
 federal law, or as modified by state rule or by regulatory 
 waiver granted to the state. 

    HIST: 1987 c 363 s 3; 1989 c 282 art 5 s 114; 1996 c 451 art 2 
 s 45; 1997 c 85 art 3 s 50