In the States listed in 2. below, an individual is not a resident of a public institution
for purposes of determining eligibility and payment (pursuant to the Levings decision) if he:
resides in the institution on a voluntary basis; and
pays (or his agent pays) for all of his cost of care (see C.2. below), or
has insufficient income, but states that he is responsible for and will pay (or his
agent will pay) for all of his cost of care, if found eligible for SSI.
NOTE: If Medicaid is paying over 50 percent of the cost of care, the individual would
not be ineligible due to residence in a public institution and the Levings decision does not apply.
Continued benefits for the institutionalized under SI 00520.140 are not applicable for individuals who meet the Levings criteria since they are not residents of a public institution. However, FOs should
not delay development for continued payments pending a determination of Levings status.