N.D. Admin Code 75-02-10-05 - Eligibility criteria

An individual may receive necessary benefits under this chapter if the individual:

1. Is a resident of this state;

2. Is:

a. Sixty-five years of age or older; or

b. Eighteen years of age or older and disabled or blind;

3. Has applied for and been found eligible for medicaid benefits;

4. Has countable income which, when reduced by the cost of necessary benefits provided under:

a. Subsection 1 or 2 of section 75-02-10-02, does not exceed the personal needs allowance established pursuant to legislative appropriation; or

b. Section 75-02-10-02, except subsection 1 or 2, does not exceed an amount equal to the cash benefit under title XVI of the Social Security Act [42 U.S.C. 1381, et seq.], which the individual would receive if the individual had no income or assets;

5. Has not made an assignment or transfer of property for the purpose of rendering the individual eligible for assistance under this chapter; and

6. Based on a functional assessment made in accordance with this chapter, is not severely impaired in any of the activities of daily living of toileting, transferring to or from a bed or chair, or eating; and

a. Has health, welfare, or safety needs, including a need for supervision or a structured environment, which require care in a licensed adult family foster care home or a licensed basic care facility; or

b. Is impaired in three of the following four instrumental activities of daily living:

(1) Preparing meals;

(2) Doing housework;

(3) Taking medicine; and

(4) Doing laundry.

Notes

N.D. Admin Code 75-02-10-05

Effective May 1, 1995; amended effective June 1, 2002; January 1, 2010.

General Authority: NDCC 50-06-16, 50-24.5-02(8)

Law Implemented: NDCC 50-24.5