Section 75-02-02.1-14 - Blindness and disability1. In any instance in which a determination is to be made as to whether any individual is disabled, each medical report form and social history shall be reviewed by a review team consisting of technically competent individuals, not less than a physician and an individual qualified by professional training and pertinent experience, acting cooperatively, who shall determine if the applicant meets the appropriate definitions of disability.2. In any instance in which a determination is to be made whether an individual is blind, the individual shall be examined by a physician skilled in the diseases of the eye, or by an optometrist, whichever the individual may select, who shall prepare and submit an eye examination report. The state review team shall review and compare that report with the state's definition of blindness and determine: a. Whether the individual meets the definition of blindness; andb. Whether and when reexaminations are necessary for periodic redeterminations of eligibility.3. The state review team must decline to determine blindness or disability for a period of time that such a determination is made for supplemental security income or title II disability benefits by the social security administration, unless the medicaid applicant is applying for workers with disabilities coverage and is not eligible for title II disability due to substantial gainful activity.4. The agency may not make an independent determination of disability if the social security administration has made a disability determination or will make a disability determination within ninety days after the date of application for medicaid.N.D. Admin Code 75-02-02.1-14
General Authority: NDCC 50-06-16, 50-24.1-04
Law Implemented: NDCC 50-24.1-02; 42 CFR Part 435