To be eligible for any program under children’s medical services, applicant/recipients must be living in NM on the date of application or determination of eligibility and have demonstrated intent to remain in NM.

1. A. Establishing residence: Residence in NM is established by living in the state and carrying out the types of activities normally associated with everyday life, such as occupying a home, enrolling child(ren) in school, getting a driver’s license, or renting a post office box. An applicant/recipient who is homeless is considered to have met residency requirements if he intends to remain in the state.

2. B. Abandonment of residence: Residence is not abandoned by temporary absences from the state. Temporary absences occur when recipients leave NM for specific purposes with time-limited goals. If a client will be absent from NM for more than 30 days, he must notify the care coordinator of his intent to maintain residency and eligibility for CMS services. Residence is considered abandoned when any of the following occur:

   (1) applicant/recipient leaves NM and indicates that he intends to establish residence in another state;

   (2) applicant/recipient leaves NM for no specific purpose with no clear intention of returning;

   (3) applicant/recipient leaves the state and applies for financial, food, or medical assistance in another state that makes residence a condition of eligibility; or

   (4) applicant/recipient has been absent from NM for more than 30 days without notifying the care coordinator of departure and intention of returning.

[7.30.3.10 NMAC - N, 10/30/12]