2015 Tennessee Code
Title 71 - Welfare
Chapter 5 - Programs and Services for Poor Persons
Part 1 - Medical Assistance Act
§ 71-5-120 - Residency requirement -- Determination -- Appeal.

(a) No period of residence in this state shall be required as a condition for eligibility for medical assistance under this chapter, but an individual who does not reside in this state shall not be eligible.

(b) The bureau of TennCare shall adopt rules for determining whether an applicant is a resident of this state subject to the requirements of federal law. The rules shall require that state residency is not established unless the applicant does both of the following:

(1) The applicant produces one (1) of the following:

(A) A current Tennessee rent or mortgage receipt or utility bill in the adult applicant's name;

(B) A current Tennessee motor vehicle driver's license or identification card issued by the Tennessee department of safety in the adult applicant's name;

(C) A current Tennessee motor vehicle registration in the adult applicant's name;

(D) A document showing that the adult applicant is employed in this state;

(E) A document showing that the adult applicant has registered with a public or private employment service in this state;

(F) Evidence that the adult applicant has enrolled the applicant's children in a school in this state;

(G) Evidence that the adult applicant is receiving public assistance in this state;

(H) Evidence of registration to vote in this state; or

(I) Other evidence deemed sufficient to the bureau or the department of human services, or both, as proof of residency in this state; and

(2) The adult applicant declares, under penalty of perjury, that all of the following apply:

(A) The adult applicant does not own or lease a principal residence outside of this state; and

(B) The adult applicant is not receiving public assistance outside of this state. As used in this subdivision (b)(2)(B), "public assistance" does not include unemployment insurance benefits.

(c) Residency for minors shall be determined as otherwise permitted under state and federal law. A minor for the purposes of this subsection (c) is a person younger than nineteen (19) years of age.

(d) A denial of determination of residency may be appealed in the same manner as any other denial of eligibility. A determination of residency shall not be granted unless a preponderance of the credible evidence supports the adult applicant's intent to remain indefinitely in this state. In making determinations or verifications of residency, subject to the requirements of subsection (b), the department of human services shall apply the same policies and procedures as are applied in the determination of residency for other programs administered by the department to the extent permitted under or by federal law.