State of Wisconsin Department of Health Services

Release 26-02 April 15, 2026

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3.3 Determining State Residency

For individuals receiving Medicaid based on receipt of Title IV-E assistance or individuals receiving State SSI, see SECTION 3.4 SPECIAL SITUATIONS.

For individuals living in Wisconsin as a migrant worker or living with a family member who is a migrant farm worker, see SECTION 3.1.2 Migrant Workers. 

For individuals placed in Wisconsin by another state that has legal custody, see Medicaid Eligibility Handbook, Section 6.8 Interstate Placements.

3.3.1 Under Age 21

Not in an Institution

A person under age 21 and not residing in an institution is a Wisconsin resident if they are any of the following:

• A person under age 18, not emancipated from their parents, not married, are living in Wisconsin, and any of the following are true:
  • They are living in another state when Wisconsin or one of its county agencies has legal custody of them.
  • They are living in Wisconsin and are eligible based on blindness or disability.
  • They are living in another state when their parent is a resident of Wisconsin, has legal custody of them, and they intend to reside with this parent.

Example 1

Alicia is a Wisconsin resident and intends to remain living in Wisconsin. She gives birth to her son, Max, at a hospital in Minnesota. Due to medical complications, Max is a patient in the hospital for three weeks immediately after his birth. Even though Max has not physically been in Wisconsin after his birth, he is a resident of Wisconsin. He is a resident because his parent, Alicia, has legal custody of Max, and Max will reside with her in Wisconsin once he is discharged from the hospital.

• A person age 18 through 20 or under age 18, emancipated from their parents or married, and either of the following is true:
  • They are living in Wisconsin with the intent to remain living in Wisconsin.
  • They are living in Wisconsin and entered Wisconsin with a job commitment or to seek employment.

In an Institution

The residence of an institutionalized person under age 21 is the state in which a parent or legal guardian indicates the institutionalized person is present and intends to stay. This is true whether their parent or legal guardian lives in Wisconsin or not.

If the parents have abandoned them and no legal guardian has been appointed, their residence is the state in which the institution is located, as long as the person requesting health care on their behalf resides in the same state.

If they are married, their residence is the institution's state.

3.3.2 Age 21 and Over

Not in an Institution

An individual age 21 or over who is not in an institution is a Wisconsin resident if either of the following is true:

• They are living in Wisconsin with the intent to remain living in Wisconsin.
• They are living in Wisconsin and entered Wisconsin with a job commitment or to seek employment.

If they are incapable of expressing intent, an individual is a resident if they are living in Wisconsin.

In an Institution

The residence of an institutionalized individual, aged 21 or over, capable of indicating intent, is the state in which they are residing with the intent to remain.

If they became incapable of indicating intent before age 21, their residency is determined in the same way as an institutionalized person under age 21.

If they became incapable of indicating intent at age 21 or older, their residence is Wisconsin.

For all others, the person is a Wisconsin resident if they intend to reside in Wisconsin.

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The information concerning the BadgerCare Plus program provided in this handbook release is published in accordance with: Titles XI, XIX and XXI of the Social Security Act; Parts 430 through 481 of Title 42 of the Code of Federal Regulations; Chapter 49 of the Wisconsin Statutes; and Chapters HA 3, DHS 2 and 101 through 109 of the Wisconsin Administrative Code.

Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.

Publication Number: P-10171