50-24.1-02.6. Medical assistance benefits - Eligibility criteria.

1. The department shall provide medical assistance benefits to otherwise eligible persons who are medically needy persons who have countable income that does not exceed an amount determined under subsection 2.

2. The department shall establish an income level for medically needy persons at an amount no less than required by federal law.

3. The department shall provide medical assistance benefits to children and families coverage groups and pregnant women without consideration of assets.

4. The department shall provide medical assistance benefits to otherwise eligible pregnant women who are lawfully present in the United States.

5. The department may require, as a condition of eligibility, individuals eligible for Medicare part A, B, or D to apply for such coverage.

6. The department shall provide a personal monthly needs allowance, to be reviewed and adjusted annually based on inflation.

7. The department shall disregard social security survivor income and court-ordered child support for a child who is under the age of eighteen years and is enrolled in a medicaid waiver under section 1915(c) of the Social Security Act [42 U.S.C. 1915(c)].