N.D. Admin. Code 75-02-02.1-38.3

Current through Supplement No. 395, January, 2025

Section 75-02-02.1-38.3 - Disregarded income for certain individuals subject to a MAGI-based methodology

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. Effective January 1, 2014, the above-identified individuals subject to a MAGI-based methodology are allowed the following income disregards:

1. Nontaxable income other than:

a. Nontaxable foreign earned income;

b. Nontaxable interest; and

c. The nontaxable portion of social security benefits.

2. Supplemental security income.

3. Veterans administration benefits other than retirement pensions.

4. Child support income.

5. Temporary assistance for needy families benefits.

6. Workers' compensation benefits.

7. Proceeds from life insurance, accident insurance, or health insurance.

8. Federal tax credits and federal tax refunds.

9. Gifts and loans

10. Inheritances.

11. Adjustments from gross income that are used in determining adjusted gross income for income tax purposes must be allowed.

N.D. Admin Code 75-02-02.1-38.3

Adopted 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 50-24.1-37; 42 USC 1396 a(e)