North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.1 - Eligibility for Medicaid › Section 75-02-02.1-38.2 - Disregarded income

Current through Supplement No. 393, July, 2024
This section applies to an individual residing in the
				  individual's own home or in a specialized facility, workers with disabilities
				  coverage, children with disabilities coverage, and to the medicare savings
				  programs, but does not apply to an individual receiving nursing care services
				  in a nursing facility, the state hospital, an institution for mental disease, a
				  psychiatric residential treatment facility, an intermediate care facility for
				  individuals with intellectual disabilities, or receiving swing-bed care in a
				  hospital. The following types of income shall be disregarded in determining
				  medicaid eligibility for individuals not subject to a MAGI-based
				  methodology:
1. Money payments made by
				the department in connection with foster care, subsidized guardianship, or the
				subsidized adoption program;
2.
				Occasional small gifts;
3. County
				general assistance that may be issued on an intermittent basis to cover
				emergency-type situations;
4.
				Income received as a housing allowance by a program sponsored by the United
				States department of housing and urban development or rent supplements or
				utility payments provided through a housing assistance program;
5. Income of an individual living in the
				parental home if the individual is not included in the medicaid unit;
6. Educational loans, scholarships, grants,
				awards, workers compensation, vocational rehabilitation payments, and work
				study received by a student, or any fellowship or gift, or portion of a gift,
				used to pay the cost of tuition and fees at any educational
				institution;
7. In-kind income
				except in-kind income received in lieu of wages;
8. Per capita judgment funds paid to members
				of the Blackfeet Tribe and the Gross Ventre Tribe under Pub. L. 92-254, to any
				tribe to pay a judgment of the Indian claims commission or the court of claims
				under Pub. L. 93-134, or to the Turtle Mountain Band of Chippewa Indians, the
				Chippewa Cree Tribe of Rocky Boy's Reservation, the Minnesota Chippewa Tribe,
				or the Little Shell Tribe of Chippewa Indians of Montana under Pub. L.
				97-403;
9. Compensation received by
				volunteers participating in the action program as stipulated in the Domestic
				Volunteer Service Act of 1973 [ Pub. L. 93-113;
				42 U.S.C.
				4950 et seq.], including foster grandparents,
				older American community service program, retired senior volunteer program,
				service corps of retired executives, volunteers in service to America, and
				university year for action;
10.
				Benefits received through the low income home energy assistance
				program;
11. Training funds
				received from vocational rehabilitation;
12. Training allowances of up to thirty
				dollars per week provided through a tribal native employment works program, or
				the job opportunity and basic skills program;
13. Income tax refunds and earned income
				credits;
14. Needs-based payments,
				support services, and relocation expenses provided through programs established
				under the Workforce Investment Act [
				29 U.S.C.
				2801 et seq.], and through the job
				opportunities and basic skills program;
15. Income derived from submarginal lands,
				conveyed to Indian tribes and held in trust by the United States, as required
				by section 6 of Pub. L. 94-114 [
				25 U.S.C.
				459 e ];
16. Income earned by a child who is a
				full-time student or a part-time student who is not employed one hundred hours
				or more per month;
17. Payments
				from the family subsidy program;
18. The first fifty dollars per month of
				current child support, received on behalf of children in the medicaid unit,
				from each budget unit that is budgeted with a separate income level;
19. Payments made to recipients under title
				II of the Uniform Relocation Assistance and Real Property Acquisition Policies
				Act of 1970 [ Pub. L. 91-646,
				42 U.S.C.
				4621 et seq.];
20. Payments made tax exempt as a result of
				section 21 of the Alaska Native Claims Settlement Act [ Pub. L. 92-203
				];
21. Payments to certain United
				States citizens of Japanese ancestry, resident Japanese aliens, and eligible
				Aleuts made under the Wartime Relocation of Civilians Reparations Act [ Pub. L.
				100-383; 50 U.S.C. App. 1989 et seq.];
22. Agent orange payments;
23. A loan from any source that is subject to
				a written agreement requiring repayment by the recipient;
24. The medicare part B premium refunded by
				the social security administration;
25. Payments from a fund established by a
				state as compensation for expenses incurred or losses suffered as a result of a
				crime;
26. Temporary assistance for
				needy families benefit and support service payments;
27. Lump sum supplemental security income
				benefits in the month in which the benefit is received;
28. German reparation payments made to
				survivors of the holocaust and reparation payments made under sections 500
				through 506 of the Austrian General Social Insurance Act;
29. Assistance received under the Disaster
				Relief and Emergency Assistance Act of 1974 [ Pub. L. 93-288;
				42 U.S.C.
				5121 et seq.], or some other federal statute,
				because of a presidential declared major disaster, and interest earned on that
				assistance;
30. Refugee cash
				assistance or grant payments;
31.
				Payments from the child and adult food program for meals and snacks to licensed
				families who provide day care in their home;
32. Extra checks consisting only of the third
				regular payroll check or unemployment benefit payment received in a month by an
				individual who is paid biweekly, and the fifth regular payroll check received
				in a month by an individual who is paid weekly;
33. All income, allowances, and bonuses
				received as a result of participation in the job corps program;
34. Payments received for the repair or
				replacement of lost, damaged, or stolen assets;
35. Homestead tax credit;
36. Training stipends provided to victims of
				domestic violence by private, charitable organizations for attending their
				educational programs;
37.
				Allowances paid to children of Vietnam veterans who are born with spina bifida,
				or to children of women Vietnam veterans who are born with certain covered
				birth defects, under 38
				U.S.C. 1805 or
				38 U.S.C.
				1815;
38. Netherlands reparation payments based on
				Nazi, but not Japanese, persecution during World War II [
				Pub. L.
				103-286;
				42 U.S.C.
				1437 a, note];
39. Radiation Exposure Compensation Act [
				Pub. L.
				101-426;
				42 U.S.C.
				2210, note];
40. Interest or dividend income from liquid
				assets;
41. Additional pay received
				by military personnel as a result of deployment to a combat zone; and
42. All wages paid by the census bureau for
				temporary employment related to census activities.
General Authority:
NDCC
					 50-06-16,
					 50-24.1-04
Law Implemented:
NDCC
					 50-24.1-02,
					 50-24.1-37;
					 42 USC
					 1396 a(e)