1. An individual who secures and maintains insurance that covers the cost of substantially all necessary medical care, including necessary care in a nursing home and necessary care for an individual who qualifies for admission to a nursing home but receives care elsewhere, for at least thirty-six months after the date an asset is disposed of, may demonstrate that the asset was disposed of exclusively for a purpose other than to qualify for medical assistance by providing proof of that insurance. 2. If purchased after July 31, 2003, the insurance coverage under this section must include home health care coverage, assisted living coverage, basic care coverage, and skilled nursing facility coverage. The coverage required under this subsection must include a daily benefit equal to at least one and fifty-seven hundredths times the average daily cost of nursing care for the year in which the policy was issued and an aggregate benefit equal to at least one thousand ninety-five times that daily benefit. 3. This section applies only to policies purchased before the effective date of an approved amendment to the state plan for medical assistance that provides for a qualified state long-term care insurance partnership under section 1917(b) of the Social Security Act [42 U.S.C. 1396p].
50-24.1-02.6. Medical assistance benefits - Eligibility criteria. (Effective through June 30, 2026) 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.
Medical assistance benefits - Eligibility criteria. (Effective after June 30, 2026) 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)].