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    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 256J.75; 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 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title 42, as construed on the day prior to their federal repeal, except as expressly superseded in
chapter 256B, or as superseded by federal law, or as modified by state rule or by regulatory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.
History: 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;
1999 c 159 s 76; 1Sp2003 c 14 art 1 s 106