Section 50-24.1-02 - EligibilityWithin the limits of legislative appropriations, medical assistance may be paid for any person who either has income and resources insufficient to meet the costs of necessary medical care and services or is eligible for or receiving financial assistance under chapter 50-09 or title XVI of the Social Security Act, as amended, and:
1. Has not at any time before or after making application for medical assistance made an assignment or transfer of property for the purpose of rendering that person eligible for assistance under this chapter. For the purposes of making any determination or redetermination of eligibility, the phrase "assignment or transfer" includes actions or failures to act which effect a renunciation or disclaimer of any interest which the applicant or recipient might otherwise assert or have asserted, or which serve to reduce the amounts which an applicant or recipient might otherwise claim from a decedent's estate, a trust or similar device, or a person obligated by law to furnish support to the applicant or recipient.2. Has applied or agrees to apply all proceeds received or receivable by that person or that person's eligible spouse from third-party medical coverage, including health care coverage, accident insurance, and automobile insurance, to the costs of medical care for that person and that person's eligible spouse and children. The department may require from any applicant or recipient of medical assistance the assignment of any rights accruing under third-party medical coverage. Any rights or amounts so assigned must be applied against the cost of medical care paid on behalf of the recipient under this chapter. The assignment is not effective as to any carrier before the receipt of notice of assignment by such carrier.3. Is eligible under rules and regulations established by the department.Amended by S.L. 2019 , ch. 408( HB 1115 ), § 7, eff. 7/1/2019.