Use the following guidelines to determine if an individual is a Utah resident.
1. Living in the State. The person must be physically present in the state or temporarily absent to be a resident of Utah.
a. A resident need not have a permanent residence or a fixed address.
Example: An individual who is residing in an emergency shelter or stays temporarily in other people’s houses.
b. Temporary absences after a person has been residing in Utah do not affect residency, if the individual intends to return to Utah when the reason for the temporary absence is accomplished. Reasons for temporary absences may include schooling, medical care, visits, temporary employment, military service, or temporary religious or other volunteer services such as the Peace Corps.
c. Do not deny or terminate CHIP because of a temporary absence if the person intends to return to Utah, unless another state has decided the person is a resident in that state for the purpose of CHIP eligibility.
d. To decide if the absence is temporary, you may need to find out if:
i. the absence is for a specific period-of-time,
ii. the person is maintaining their home in Utah, or
iii. other factors exist that indicate the person intends to return to Utah when the reason for the absence ends.
e. For someone who has recently moved to Utah, see Section 203-6.
2. Duration. Residency does not require a person to be in the State for a specific period-of-time before becoming a resident. The person may declare intent to be a resident effective with the first day they arrived in Utah.
3. Reason for living in Utah. Consider the reason why the individual is in Utah, except to the extent that the reason may indicate that the individual is not in Utah voluntarily or is in Utah only temporarily. If the individual is in Utah involuntarily or temporarily, they do not meet Utah residency requirements.
For example:
4. Citizenship. Citizenship is not relevant to the determination of state residency. A non-citizen may be a Utah resident even if his immigration status is temporary. Non-citizens may have dual intent - intent to remain in the U.S. if permitted to stay and intent to leave if Department of Homeland Security requires them to leave.
5. Intent. An individual who is capable of expressing intent may do so on the application form. Unless there is an indication that the person does not meet residence requirements, accept the applicant's statement. See Section 203-2 for information on "Who is Capable of Expressing Intent" and Section 203-5 for "Factors Indicating No Intent to Reside in Utah". If other factors indicate a conflict, the applicant’s statement of intent must be verified.
Example: Bill came to Utah and has been living here for 3 months. He applied for medical benefits and stated he is a resident of Utah. SNAP benefits are open in Idaho. Since another state is providing benefits intent is not clear and needs to be verified.
6. Residents of Public Institutions such as Jails or Prisons.
a. An individual residing in a public institution such as a jail or prison is a resident of Utah if the person was a resident before being placed. An individual who lived in another state, but was arrested and placed in jail in Utah is not a Utah resident.
b. If another state places the person in a public institution in Utah, the individual is not a Utah resident. Residency does not change from the previous state. (See Sec. 203-5 and 203-6)
c. State residency does not change when an individual in a public institution goes directly to a hospital for an inpatient stay.
7. Residents of other institutions.
a. Any individual placed in an institution by another state is a resident of that state. This includes individuals from another state placed in a Utah nursing home or hospital. (Sec. 203-5)
b. A competent individual who leaves an institution after having been placed by another state is a resident of the state in which the individual is physically located.
c. For residents of an institution who are not placed by another state, see sec. 203-4.
8. Individuals receiving a State Supplementary Payment (SSP). An individual of any age who receives an SSP is a resident of the state paying the SSP. If an individual receiving an SSP from another state moves to Utah, see Sec. 203-5.
9. Individuals receiving Title IV-E payments. An individual of any age who receives federal payments for foster care or adoption assistance under Title IV-E is a resident of the state in which the individual lives. A Title IV-E eligible child will receive Utah Medicaid. A IV-E eligible foster child placed in another state by Utah will receive Medicaid from the state in which the child is placed. Utah will continue to make the IV-E foster care payment. A IV-E eligible child with a Utah Adoption Assistance Agreement who moves to another state will receive Medicaid from the state in which the child resides.
10. Cases of disputed residency between two states. If an individual has come to Utah from anther state, and the two states cannot resolve which state is the person's state of residency, the individual is a resident of the state in which the individual is physically located.