Allowable Gross Income Deductions 400-29-60-05

(Revised 10/02 ML #2827)

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(NDAC 75-02-10-01.4)

 

 

Only specific deductions are allowed for a resident in a basic care facility. Countable income is the remainder of gross income minus any of the following allowable deductions:

 

  1. Personal needs allowance of $60.00;

  2. Sixty-five plus one-half of the remaining monthly gross earned income;

  3. The cost of guardianship or conservatorship fees actually charged, but not to exceed 5% of gross monthly income;

  4. Court-ordered child support payments or alimony payments actually paid on behalf of a minor child or ex-spouse who is not a member of the person's Medicaid unit;

  5. The Medicare or health insurance premium will be allowed as a deduction for all individuals residing in a basic care facility if the premium is not paid by another source such as Qualified Medicare Beneficiaries (QMB) or Special Low-Income Beneficiaries (SLMB);

  6. Co-payments for Medicaid may be deducted for individuals not eligible for Medicare or if the service is not covered by Medicare; and,

  7. A disregard of recipient liability expense under the Medicaid program.

 

The month of entry into a basic care facility, the medically needy income level size of the family in which the person was a member at the beginning of the month (NDAC 75-02-10-01. 4(d)) and reasonable living expenses. Necessary living expenses are items such as rent, utilities, health insurance premium, etc. Deeming income to the community spouse at the Medicaid level for one is allowed for Medicaid budgeting.

 

In the second month, following the month of entry, count the income minus applicable disregards to determine the recipient responsibility towards room and board costs.