A resident of an institution is an individual who resides in an institution (see the NOTE) and:
who receives, or can receive, substantially all of their food and shelter, and some or all other services which
the institution makes available, regardless of whether such individual makes payment
to the institution for any of the services; and
whose entitlement to receive food, shelter, and services is not based on employment by the institution.
For the Levings exception to residence in a public institution, which applies in Arkansas, Iowa, Minnesota,
Missouri, Nebraska, North Dakota, and South Dakota, see SI 00520.120.
NOTE: It is immaterial whether an individual actually sleeps in the bed provided, partakes
of the meals, or utilizes the services, as long as they have the option.
Conrad lives in a VA domiciliary. Occasionally Conrad becomes dissatisfied with the
food and eats elsewhere for 2 or 3 days. This does not affect Conrad's status as a
resident of the domiciliary. The domiciliary food is available whenever Conrad wants
to accept it. Conrad is considered a resident of the domiciliary even on the days
Conrad does not eat there.