North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.1 - Eligibility for Medicaid › Section 75-02-02.1-42 - Eligibility under 1972 state plan

Current through Supplement No. 393, July, 2024
No individual may be determined to be ineligible for medicaid
				  for any month if, had the approved state plan for medical assistance in effect
				  on January 1, 1972, been in effect in such month, that individual would be
				  eligible. The following income and resource standards were a part of the
				  approved state plan in effect on January 1, 1972, and may not be exceeded by
				  any individual who claims eligibility under this section:
1. The income level for a family of one is
				one hundred fifty dollars per month. The income level for a family of two is
				two hundred dollars per month. The income level for a family of three is two
				hundred fifty dollars per month. The income level for a family of four is three
				hundred dollars per month. The income level for a family of five is three
				hundred forty-two dollars per month. The income level for a family of six is
				three hundred eighty-four dollars per month. The income level for a family of
				seven is four hundred twenty-five dollars per month. An additional thirty-four
				dollars per month will be added for each family member beyond seven to
				establish the income level for families with more than seven members. The
				income level for a person residing in a long-term care facility is eight
				dollars per month.
2. The home
				occupied by the medicaid unit will be exempted in determining medicaid
				eligibility.
3. Real property other
				than the home may not exceed an equity of two thousand five hundred dollars,
				except that real property which is essential to earning a livelihood shall be
				exempt from the limitation, if the liquidation of such assets would cause undue
				hardship. Liquidation of income-producing real property, which would result in
				reducing annual income below the established income levels, would be considered
				undue hardship. If undue hardship is not a consideration, equity in excess of
				the two thousand five hundred dollars would be considered available for meeting
				medical costs, providing the property is saleable. The person would have the
				option of liquidating the excess property or borrowing funds on it.
4. For the purposes of subsections 5, 6, and
				7, personal property includes cash, savings, redeemable stocks and bonds,
				vehicles, machinery, or livestock, but does not include personal effects,
				wearing apparel, household goods, furniture, or trailer homes being used for
				living quarters. Cash surrender value of life insurance policies will be
				considered personal property, but will not be considered cash.
5. Personal property may not exceed an equity
				of two thousand five hundred dollars except that such property which is
				essential to the earning of a livelihood shall be exempt from the limitation if
				the liquidation of such excess assets would cause undue hardship. Liquidation
				of income-producing personal property which would result in reducing annual
				income below the established income levels would be considered undue hardship.
				If undue hardship is not found to be a consideration, equity in excess of the
				two thousand five hundred dollars would be considered available for meeting
				medical costs providing the property is saleable. The person would have the
				option of liquidating the excess property or borrowing funds on it.
6. In all instances, real and personal
				property must be realistically evaluated in accord with current market value
				and, in considering net equity, any possible costs which may be associated with
				liquidation of the excess property must be taken into account.
7. With respect to cash, savings, redeemable
				stocks and bonds, and other liquid assets, the following levels will be
				applicable to families of various sizes:
a.
				Three hundred fifty dollars for one person;
b. Seven hundred dollars for two
				persons;
c. Fifty dollars for each
				family member through ten; and
d.
				Twenty-five dollars for each additional family member. These amounts will not
				be considered as being available for medical expenses.