Eligibility Criteria 400-29-35-05

(Revised 10/01 ML #2738)

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(NDAC 75-02-10-05)

 

 

A person may receive necessary benefits under this chapter if the person:

  1. Is a resident of this state;

  2. Is:

  1. Sixty-five years of age or older; or

  2. Eighteen years of age or older and disabled or blind;

  3. Have applied for and been found eligible for Medicaid benefits (Service Chapter 501-05), with the following exceptions:

  1. All income, including SSI income, will be counted.

  2. SSI resource ineligibility - if an applicant or recipient chooses to maintain an asset level that causes that person to be ineligible for Supplemental Security Income (SSI) benefits, eligibility for BCAP will end, and no benefits will be made on behalf of that person until eligibility for SSI benefits is re-established. This exception exists only if the applicant or recipient is able to change the asset level which would make that person eligible for SSI benefits.

  3. Disqualifying Transfer of Income and Assets. A person is ineligible for benefits if the person or the spouse of the person disposed of assets or income for less than fair market value during the look-back period of thirty-six months for the purpose of qualifying for benefits (see section titled "Disqualifying Transfer ").

  4. Meet functional assessment criteria in accordance with the North Dakota Administrative Code Chapter 75-02-10-06, "is not severely impaired in any of the activities of daily living of toileting, transferring to or from a bed or chair, or eating; is in need of a structured or supervised environment and is impaired in three of the four instrumental activates of daily living." The functional assessment is completed by the Home and Community Based Services Division located at the County Social Service Board. A "Transmittal Between Units " form is used to request a functional assessment on an applicant or recipient.