75-02-02.1-08.1. Caretaker relatives.

1. A caretaker relative who is not a child's parent may be eligible for Medicaid as a caretaker relative only if:

a. Age sixteen or older;

b. Actually living in the same home as the dependent child; and

c. The dependent child is not only temporarily absent from the home of the child's parent.

2. An individual may be a caretaker relative only if the individual is the dependent child's parent, stepparent, grandparent, brother, sister, stepbrother, stepsister, great-grandparent, aunt, uncle, niece, nephew, great-great-grandparent, great-aunt, great-uncle, first cousin, grandniece, grandnephew, great-great-great-grandparent, great-great-aunt, great-great-uncle, second cousin (a great-aunt's or great-uncle's child), first cousin once removed (an aunt's or uncle's grandchild), great-grandniece, or great-grandnephew, whether by birth or adoption, and whether by whole or half-blood.

3. A child is considered to be living with a caretaker relative when away at school or when otherwise temporarily absent from the home. A child is not considered to be living with a caretaker relative when either the child or the caretaker relative is residing in a nursing care facility, an intermediate care facility for individuals with intellectual disabilities, or a specialized facility on other than a temporary basis.

4. A child may not be considered to be living with more than one caretaker relative in more than one Medicaid unit for the same time period.

History: Effective July 1, 2003; amended effective June 1, 2004; May 1, 2006; July 1, 2012; January 1, 2014.

Law Implemented: NDCC 50-24.1-01, 50-24.1-37