Section 75-02-02.1-41 - Deeming of incomeExcess income is the amount of net income remaining after allowing the appropriate disregards, deductions, and medicaid income level.
1. Twenty-five percent of the excess income of an ineligible medicaid unit shall be deemed available during any full calendar month an eligible member of the medicaid unit receives services in a specialized facility.2. No income may be deemed to a supplemental security income recipient in a specialized facility or receiving home and community-based services as such a recipient's maintenance needs are met by the supplemental security income grant.3. If subdivision a or b applies, the excess income of an individual in nursing care, an intermediate care facility for individuals with intellectual disabilities, the state hospital, or the Anne Carlsen facility, receiving swing bed care in a hospital or receiving home and community-based services may be deemed to the individual's legal dependents to bring their income up to the appropriate medically needy income level. a. The legal dependents who are also eligible for medicaid do not receive a temporary assistance for needy families payment or supplemental security income. In these circumstances, income may be deemed only to the extent it raises the legal dependents' income to the appropriate medically needy income level.b. The legal dependents are ineligible for medicaid or choose not to be covered by medicaid. In these circumstances, income may be deemed only to the extent it raises the legal dependents' net income to the appropriate community spouse or family member income level.(1) Income of the institutionalized or home and community-based spouse may be deemed to an ineligible community spouse only to the extent that income is made available to the community spouse.(2) Excess income shall be deemed to family members in spousal impoverishment cases, up to the family members' income level.4. The excess income of a spouse or parent may not be deemed to a recipient to meet medical expenses during any full calendar month in which the recipient receives nursing care services in a nursing facility, an intermediate care facility for individuals with intellectual disabilities, the state hospital, an institution for mental disease, or a psychiatric residential treatment facility, receives swing-bed care in a hospital, or receives home and community-based services. Income of any eligible spouse or parent shall be deemed to an individual who is ineligible for supplemental security income, up to the appropriate income level.5. For purposes of determining eligibility for workers with disabilities or children with disabilities coverage, income of a spouse or parent may be deemed to a nonsupplemental security income spouse or child, who is in the medicaid unit, but who is not residing with the applicant or recipient, to bring their income up to the appropriate workers with disabilities or children with disabilities income level.N.D. Admin Code 75-02-02.1-41
General Authority: NDCC 50-06-16, 50-24.1-04
Law Implemented: NDCC 50-24.1-01