N.D. Admin. Code 75-02-02.1-08.1

Current through Supplement No. 395, January, 2025

Section 75-02-02.1-08.1 - Caretaker relatives

1. A caretaker relative who is not a child's parent may be eligible for medicaid as a caretaker relative only if:

a. Age sixteen or older;

b. Actually living in the same home as the dependent child; and

c. The dependent child is not only temporarily absent from the home of the child's parent.

2. An individual may be a caretaker relative only if the individual is the dependent child's parent, stepparent, grandparent, brother, sister, stepbrother, stepsister, great-grandparent, aunt, uncle, niece, nephew, great-great-grandparent, great-aunt, great-uncle, first cousin, grandniece, grandnephew, great-great-great-grandparent, great-great-aunt, great-great-uncle, second cousin (a great-aunt's or great-uncle's child), first cousin once removed (an aunt's or uncle's grandchild), great-grandniece, or great-grandnephew, whether by birth or adoption, and whether by whole or half-blood.

3. A child is considered to be living with a caretaker relative when away at school or when otherwise temporarily absent from the home. A child is not considered to be living with a caretaker relative when either the child or the caretaker relative is residing in a nursing care facility, an intermediate care facility for individuals with intellectual disabilities, or a specialized facility on other than a temporary basis.

4. A child may not be considered to be living with more than one caretaker relative in more than one medicaid unit for the same time period.

N.D. Admin Code 75-02-02.1-08.1

Amended by Administrative Rules Supplement 2014-353, July 2014, effective January 1, 2014. .

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

Law Implemented: NDCC 50-24.1-01, 50-24.1-37