The residence:

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  in an institution (as defined for SSI purposes) can affect an SSI applicant or recipient's eligibility, payment amount, or both;

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  of public institutions generally are ineligible for SSI; and

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  of medical treatment facilities (public or private) may be eligible when Medicaid is paying more than 50% of the cost but are limited to a maximum Federal payment of $30 a month.

NOTE: There are many exceptions to these rules.

This chart highlights issues that may raise questions. It does not provide a comprehensive list of all of the topics covered in this subchapter; and it does not replace the detailed explanations provided in the various sections.

A facility is a building or group of buildings located together or apart, that is operated by the same organizational component.

We use this term to refer to a living situation that may or may not meet the SSI definition of “institution.”

An institution is a facility that:

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  is controlled or run by a proprietor (manager, administrator);

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  is designed for and normally serves four or more individuals who are not related to the proprietor; and

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  makes available some treatment or services in addition to food and shelter.

Consider these additional factors:

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  it is not necessary for each resident to receive any or all of the treatment or services;

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  a facility that is temporarily providing for fewer than four individuals remains an institution for SSI purposes as long as it is designed for and normally serves four or more residents;

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  commercial residential facilities such as hotels, motels, boarding houses, and rooming houses are not institutions for SSI purposes; and

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  living arrangements, such as Indian tribes and religious orders living communally, are not institutions.

Services include:

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  material items or assistance provided in addition to food and shelter that contribute to the care and welfare of residents who are vulnerable because of family circumstances, age, disability, illness, or frailty;

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  those associated with institutional care and supervision provided in public institutions or comparable private institutions;

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  types of supervision, monitoring, or restraint provided in a penal institution.

Examples of these services include:

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  personal or psychological assistance such as counseling;

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  help with daily living activities (such as bathing and dressing);

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  other activities that go beyond the provision of food, shelter, laundry, recreational facilities; and

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  supervision, monitoring, or restraint when necessary to prevent the resident from self-injury, or injuring others.

A public institution is an institution operated by, or under, the direct or indirect administrative control of the Federal government, a State, or political subdivision of a State, such as a city or county.

A public institution does not include a publicly operated community residence (POCR) which serves 16 or fewer residents, or a safe haven for homeless individuals, as defined for the Department of Housing and Urban Development's demonstration program.

References:

SI 00520.500 Publicly Operated Community Residence (POCR)

SI 00520.625 Safe Havens Demonstration Program

A resident of an institution is an individual who resides in an institution (see the NOTE) and:

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  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

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  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.

Example:

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.

Throughout a month means the entire period-of-time from the first moment of the first day of a calendar month through the last moment of the last day of the month. For situations where a claimant is a resident of a public institution on the day the application is filed, see SI 00520.001C.1. in this section. For situations where the individual is born or dies in the facility, see SI 00520.001C.6. in this section.

A temporary absence for throughout a month purposes is an absence from the institution of not more than 14 full consecutive days. There is no temporary absence, however, for penal institution cases, and public emergency shelter for the homeless (PESH) cases.

References:

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  SI 00520.009 Special Considerations for Penal Institutions

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  SI 00520.600 Residents of Public Emergency Shelters for the Homeless.

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  SI 00520.001C.4. in this section, temporary absence

For SSI purposes, an individual is considered discharged, effective with the date of departure, whenever there is no specific requirement to return to the facility within 14 consecutive days, or whenever the absence (from other than a penal institution) actually exceeds 14 consecutive days. For additional discussion of discharges and the 14-day rule, see SI 00520.001C.4. in this section.

Continuity of stay means continuous, uninterrupted residence in an institution.

A multiple purpose facility provides:

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  different care, services, or training in different sections of the facility;

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  different levels of care in different sections of the facility; or

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  Medicaid certified care only in certain sections of the facility.

Except for certain situations described in SI 00520.001C.4. in this section, an individual residing in an institution remains a resident until the institution discharges or releases the individual and they leave.

The Policy on temporary absence and continuity of stay exists:

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  when an absence of more than 14 full consecutive days (for residents of other than penal institutions) ends the continuity of stay for an institutionalized individual, even if the individual has not been discharged and is expected to return;

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  if an individual is discharged, the continuity of stay is interrupted even if they subsequently returns within 14 days;

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  when an absence of no more than 14 full consecutive days does not interrupt the continuity of stay for an individual who has not been discharged (i.e., the individual continues to be a resident of the institution); and

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  if an individual remains in an institution after discharge,they continue to be a resident, absent evidence to the contrary.

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  Exception for penal institution cases—the temporary absence policy as defined in SI 00520.001B.7. in this section does not apply in determining residence throughout a month in a penal institution. An individual remains a resident of the penal institution even if physically absent more than 14 full consecutive day.

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  Exception for PESH cases—the temporary absence policy as defined in SI 00520.001B.7. in this section does not apply in determining residence throughout a month in a PESH case. Any period of a day or more during which an individual is not a resident of the PESH breaks the continuity of stay for that month, so that the individual can be eligible for that month, and the month does not count toward the 6-month payment limit.

Reference:

SI 00520.600 Residents of Public Emergency Shelters for the Homeless

Continuity of stay continues when an individual is transferred from one institution to another if:

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  there is no other living arrangement between residence in the first institution and residence in the second; and

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  the same eligibility and payment determinations result from residence in both institutions. (For exceptions to throughout a month, see SI 00520.011C.3.)

When residence in a second institution begins on the same day as discharge from the first institution, the individual's stay is continuous, absent evidence to the contrary.

Birth and death under certain circumstances do not affect the determination that an individual has been a resident throughout a month. See SI 01410.020 for determining state and county of residence.

If an individual is:

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  a resident of an institution throughout a month up until their death, then they are considered to be a resident of that institution throughout the month of their death; or

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  born in an institution and is subsequently a resident of that institution throughout the remainder of the month, the individual is considered to be a resident of the institution throughout the month of their birth.

We may prorate an individual's SSI benefit (including any optional State supplement payable) following a period of ineligibility due to status as a resident of a public institution, even if the payment for the month in question is limited to $30. For a full discussion of when proration applies, see SI 02005.007 and SI 02005.008. For situations where a claimant is a resident of a public institution on the day of effective filing, see SI 00520.001C.1. in this section.

Encourage cooperation, direct reporting of admissions and discharges, and problem resolution through frequent communication with institutional staff.

NOTE: 42 U.S.C. 1383 (e)(1)(C) requires nursing home, extended care facility, or intermediate care facility administrators report SSI recipient admissions within 2 weeks. The Health Information Portability and Accountability Act (HIPAA) or the privacy rule 45 CFR 164.512(a) permits the disclosure of the protected health information without the individual’s authorization to the extent that such use of disclosure is required by law.

Unless documentation from a knowledgeable source (Social Service Agency) already exists, contact the institution to obtain verification of the date of admission. Verify by telephone when possible to expedite the claim.

Verify the date of discharge from an institution if information indicates that discharge has already occurred. If information indicates that discharge will occur at some specified future date, verify the actual date when it occurs.

Take these actions when an individual requests proof of future benefit amount when transitioning from an institution to another living arrangement (senior apartment/private living arrangement):

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  Obtain information from the institution or recipient about the future date of discharge and anticipated living arrangement;

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  Use eComps or Interactive Comps to calculate the future monthly benefit estimate based on the new living arrangement. Document the living arrangement and calculation on a Report of Contact page or Form SSA-5002 (Report of Contact) for non-MSSICS cases. Store the SSA-5002 in Non Disability Repository for Evidentiary Documents (NDRed) using the Evidence Portal (EP). For information on EP, see MS 09701.001;

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  Use the Notice Shell in Document Processing System (DPS) found in the General Folder under National tab to issue a manual notice containing the following language:

  “Our records indicate that as of xx/xx/xxxx, you expect to reside at 123 Main Street, City, State, and zip code. Based on this information, your SSI monthly payment amount may potentially increase to $xxx.xx once you are discharged, if you continue meeting all other factors of eligibility. This is only an estimate based on your discharge from ABC Facility into this living arrangement. Please contact your local Social Security office when discharged.”

If the individual reports’ entering an institution and the expected release date is before the end of the month following the month of entry, do not change the living arrangement since the absence from home may be considered temporary.

Do not verify the dates of institutionalization if the residence is not material to a case determination (eligibility or payment amount not affected since admission and discharge occurred in the same month), unless the alleged dates of institutionalization are questionable or contradictory.

EXCEPTION: If the individual is in a correctional facility, always verify the dates of institutionalization.

Reference:

SI 00835.040 Temporary Absence from a Federal Living Arrangement