An individual may receive necessary benefits under this chapter if the individual:

1. Is a resident of this state;

2. Is:

a. Sixty-five years of age or older; or b. Eighteen years of age or older and disabled or blind;

3. Has applied for and been found eligible for Medicaid benefits;

4. Has countable income which does not exceed an amount equal to the cash benefit under title XVI of the Social Security Act [42 U.S.C. 1381, et seq.]; and

5. Based on a functional assessment made in accordance with this chapter, is not severely impaired in any of the activities of daily living of toileting, transferring to or from a bed or chair, or eating; and a. Has health, welfare, or safety needs, including a need for supervision or a structured environment; or b. Is impaired in three of the following four instrumental activities of daily living: (1) Preparing meals; (2) Doing housework; (3) Taking medicine; and (4) Doing laundry.

History: Effective April 1, 2012.

General Authority: NDCC 50-24.7-02

Law Implemented: NDCC 50-24.7