Section 75-02-02.1-42 - Eligibility under 1972 state planNo 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; andd. Twenty-five dollars for each additional family member. These amounts will not be considered as being available for medical expenses.N.D. Admin Code 75-02-02.1-42
General Authority: NDCC 50-06-16, 50-24.1-04
Law Implemented: NDCC 50-24.1-02