1. Incarceration status is not a condition of Medicaid eligibility and does not make an individual ineligible. An individual who is an inmate of a public institution who meets all eligibility factors for Medicaid is eligible. Medicaid eligibility for individuals who are inmates of a public institution must be suspended.

2. The period of Medicaid suspension under this section begins the day after the day the individual enters the public institutions and ends the day before the day the individual is discharged from the public institution. A ten-day advanced notice is not required if suspending benefits due to entry into the public institution.

History: Effective December 1, 1991; amended effective July 1, 2003; July 1, 2012; July 1, 2016; January 1, 2026.

Law Implemented: NDCC 50-24.1-02; 42 CFR 435.1008; 42 CFR 435.1009