N.D. Admin. Code 75-02-02.1-23

Current through Supplement No. 394, October, 2024
Section 75-02-02.1-23 - Eligibility of qualified disabled and working individuals
1. Qualified disabled and working individuals are entitled only to medicare cost-sharing benefits described in paragraph 1 of subdivision a of subsection 19 of section 75-02-02.1-01.
2. No person may be found to be a qualified disabled and working individual unless the total value of all assets not described in subsection 4 does not exceed:
a. Four thousand dollars for a one-person unit; or
b. Six thousand dollars for a two-person unit.
3. Provisions of this chapter governing asset considerations at section 75-02-02.1-25, valuation of assets at section 75-02-02.1-32, excluded assets at section 75-02-02.1-28.1, and forms of asset ownership at section 75-02-02.1 -29 apply to qualified disabled and working individual eligibility determinations except:
a. Half of a liquid asset held in common with another qualified disabled and working individual is presumed available;
b. Assets owned by a child, under age twenty-one, in the unit are not considered available in determining eligibility for the child's parent except that all liquid assets held in common by the child and the parent are considered available to the parent; and

c Assets owned by a spouse who is not residing with an applicant for or recipient are not considered available unless they are liquid assets held in common.

4.
a. Income methodologies used in the supplemental security income program shall be used in determining income eligibility.
b. Annual title II cost of living allowances effective in January shall be disregarded when determining qualified disabled and working individual eligibility for January, February, and March.
c. A qualified disabled and working individual is eligible if countable income is equal to or less than two hundred percent of the poverty level applicable to a family of the size involved, and if the individual meets all of the requirements described in this section; but is otherwise ineligible for medicaid.

N.D. Admin Code 75-02-02.1-23

General Authority: NDCC 50-06-16, 50-24.1-04

Law Implemented: NDCC 50-24.1-02