(b) The Department is prohibited from taking the following actions:
- (1) Denying MA to a person because the person has not resided in this Commonwealth for a specified period.
- (2) Denying MA to an institutionalized person, who satisfies the residence requirements in this chapter, on the grounds that the person did not establish residence in this Commonwealth before entering the institution.
- (3) Denying or terminating a recipient’s MA eligibility because of the person’s temporary absence from the State if the person intends to return to this Commonwealth when the purpose of the absence, such as a trip, a visit or attending school, has been accomplished, unless another state has determined that the person is a resident there for MA purposes.