Notice of Decision 400-29-25

(Revised 10/01 ML #2738)

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IM 5094

(NDAC 75-02-10-07)

 

 

  1. Applications - A decision as to eligibility of an application will be made within forty-five days, or within ninety days in disability cases, from the date of the application, except in unusual circumstances.

  2. Redetermination - A decision as to eligibility on a redetermination will be made within thirty days.

  3. Immediately upon an eligibility determination, whether eligibility can be found, ineligibility can be found, or eligibility cannot be determined, applicants/recipients must be notified by the county agency. A notice must be sent 10 days in advance of any decision terminating or reducing benefits under this chapter.

  4. A 10-day advance notice is required to be sent to a recipient informing them of their recipient responsibility. A 10-day advance notice is required before increasing the recipient responsibility.

  5. A notice must be timely and adequate, as provided under North Dakota Administrative Code 75-01-03.

  6. A 10-day advance notice is not required in the following instances, but the county is still required to inform the recipient of the action taken if:

  1.  County has factual information confirming the death of the recipient;

  2. The county has received in writing the recipient's decision to terminate services;

  3. The recipient is placed in a nursing care facility or returns home;

  4. State or federal government initiates a mass change which uniformly affects all applicants, recipients, and households;

  5. The recipient enters a public institution, occupants of which are not Medicaid eligible;

  6. The recipient's whereabouts are unknown and mail directed to the recipient is returned by the post office indicating no known forwarding address; or

  7. There is factual information that responsibility for providing assistance has been accepted by another state or jurisdiction.

  1. Errors made by public officials and delays caused by the action of public officials do not create eligibility and may not form the basis for the award of any benefit to any adversely affected applicant or recipient who would not otherwise be eligible to receive that benefit.