Section 75-02-02.1-10 - Eligibility - Current and retroactive1. Current eligibility may be established from the first day of the month in which the application was received. This subsection does not apply to qualified Medicare beneficiaries.2. Retroactive eligibility may be established for as many as three calendar months prior to the month in which the application was received. Eligibility can be established in each of those months for which benefits are sought and if all factors of eligibility are met during each such month. If a previous application has been taken and denied in the same month, eligibility for that entire month may be established based on the current application. Retroactive eligibility may be established even if there is no eligibility in the month of application. This subsection does not apply to qualified Medicare beneficiaries.3. An individual determined eligible for part of a month is eligible for the entire calendar month unless a specific factor prevents eligibility during part of that month. Specific factors include: a. An individual is born in the month, in which case the date of birth is the first date of eligibility;b. An individual entering the state is eligible for Medicaid as of the date the individual entered the state; orc. An individual is discharged from a public institution, in which case the date of eligibility is the date of discharge.4. Eligibility for qualified Medicare beneficiaries begins in the month following the month in which the individual is determined eligible.5. An individual cannot be eligible as a qualifying individual and be eligible under any other Medicaid coverage for the same period of time.6. A child cannot be eligible for Medicaid for the same period of time the child is covered under the children's health insurance program.N.D. Admin Code 75-02-02.1-10
Amended byAdministrative Rules Supplement 375, January 2020, effective1/1/2020Amended by Administrative Rules Supplement 2021-383, January 2022, effective 1/1/2022.Amended by Administrative Rules Supplement 2023-391, January 2024, effective 1/1/2024.General Authority: NDCC 50-06-16, 50-24.1-04
Law Implemented: NDCC 50-24.1-01