Title 50 — Public Welfare
62 chapters · 605 sections in this title.
N.D.C.C. § 50-24.1-00.1 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Department" means the department of health and human services. 2. "Medical assistance" means benefits paid under chapter 50-24.1 and title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]. 3. "Third party"…
N.D.C.C. § 50-24.1-01 Purpose
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The purpose of this chapter is to provide medical care and services to persons whose income and resources are insufficient to meet such costs, and further to provide preventive, rehabilitative, and other services to help families and individuals to retain or attain capability for…
N.D.C.C. § 50-24.1-01.1 Department to submit plans and seek waivers
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The department may submit state plans and may take such actions as are reasonably necessary to administer programs under its supervision, including the issuance of policy manuals, forms, and program directives. The department may publish dashboards that demonstrate program utiliz…
N.D.C.C. § 50-24.1-01.4 Medicaid and Medicare eligible individuals
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The department may not require prior authorization, additional documentation not required by Medicare, or additional prescription requirements of durable medical equipment and supplies in order to process a claim for Medicaid-eligible individuals who are also eligible for Medicar…
N.D.C.C. § 50-24.1-02 Eligibility
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Within the limits of legislative appropriations, medical assistance may be paid for any person who either has income and resources insufficient to meet the costs of necessary medical care and services or is eligible for or receiving financial assistance under chapter 50-09 or tit…
N.D.C.C. § 50-24.1-02.1 Assignment of claim
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1. Each applicant or recipient of benefits under this chapter must be deemed to have assigned, to the department, any right of recovery the applicant or recipient may have for medical costs incurred under this chapter not exceeding the amount of funds expended by the department f…
N.D.C.C. § 50-24.1-02.10 Real estate taxes on rental property as deduction from rental income
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For purposes of determining the treatment of income and the application of income to the cost of care for medical assistance eligibility for an individual screened as requiring nursing care services, and who is receiving home and community-based services or nursing care services,…
N.D.C.C. § 50-24.1-02.2 Community spouse resource allowance
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In determining eligibility for medical assistance applicants and recipients, the department shall establish a community spouse resource allowance equal to the maximum community spouse resource allowance as provided by 42 U.S.C. 1396r-5(f)(2). This section applies to a community s…
N.D.C.C. § 50-24.1-02.4 Exempt income and resources
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The department may not consider, as an available asset for purposes of determining eligibility for benefits under this chapter, income and resources set aside by a blind or disabled person as part of a plan to achieve self-support, if the plan has been approved by the social secu…
N.D.C.C. § 50-24.1-02.5 Effect of purchase of insurance on disqualifying transfer
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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…
N.D.C.C. § 50-24.1-02.7 Workers with disabilities coverage
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The department shall establish and implement a buyin program to provide medical assistance to an individual who, except for substantial gainful activity, meets the definition of disabled under the supplemental security income program under title XVI of the federal Social Security…
N.D.C.C. § 50-24.1-02.8 Transfers involving annuities
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1. For purposes of this section, "annuity" means a policy, certificate, contract, or other arrangement between two or more parties under which one party pays money or other valuable consideration to the other party in return for the right to receive payments in the future. 2. The…
N.D.C.C. § 50-24.1-03.1 Duties of human service zone and department
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In the administration of the medical assistance program, the department or a human service zone shall investigate and record the circumstances of each applicant or recipient of assistance, in order to ascertain the facts supporting the application, or the granting of assistance, …
N.D.C.C. § 50-24.1-03.3 Criminal background investigation - Fingerprinting required
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1. When the department determines a criminal history record check is appropriate, a provider applicant, a provider, or an individual with a five percent or more direct or indirect ownership interest in the provider applicant or provider shall secure, from any agency authorized to…
N.D.C.C. § 50-24.1-04 Authority of department
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The department may adopt rules and regulations as necessary to qualify for any federal funds available under this chapter.
N.D.C.C. § 50-24.1-05 Date effective
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The effective date of this chapter is the date on which federal funds become available for the purposes and program outlined herein.
N.D.C.C. § 50-24.1-06 Remedial eye care - When provided
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Repealed by S.L. 2021, ch. 371, § 4.
N.D.C.C. § 50-24.1-07 Recovery from estate of medical assistance recipient
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1. On the death of any recipient of medical assistance who was a resident of a nursing facility, intermediate care facility for individuals with intellectual disabilities, or other medical institution and with respect to whom the department determined that resident reasonably was…
N.D.C.C. § 50-24.1-08 Statute of limitations does not run
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The statute of limitations does not run against claims of the state of North Dakota for repayment of medical assistance provided under this chapter.
N.D.C.C. § 50-24.1-09 Reimbursement of long-term care facility - Limitation - Allowable costs
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Repealed by S.L. 1987, ch. 582, § 30.
N.D.C.C. § 50-24.1-10 Joint Medicaid payment account - Educationally related services
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Repealed by S.L. 2019, ch. 408, § 39. 50-24.1-11. Joint Medicaid payment account - North Dakota vision services - school for the blind. Repealed by S.L. 2019, ch. 408, § 39.
N.D.C.C. § 50-24.1-12 Medical assistance - Services provided by psychologists
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Within the limits of legislative appropriations, the department shall provide medical assistance to eligible recipients for services provided by psychologists licensed under chapter 43-32.
N.D.C.C. § 50-24.1-13 Provider reimbursement rates
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Repealed by S.L. 2019, ch. 408, § 39.
N.D.C.C. § 50-24.1-14 Responsibility for expenditures
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Notwithstanding section 50-24.1-34, expenditures required under this chapter are the responsibility of the federal government or the state of North Dakota.
N.D.C.C. § 50-24.1-15 Prehospital emergency medical services
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Medical assistance coverage must include prehospital emergency medical services benefits in the case of a medical condition that manifests itself by symptoms of sufficient severity which may include severe pain and which a prudent layperson who possesses an average knowledge of h…
N.D.C.C. § 50-24.1-16 Reimbursement of ambulance services
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1. Medical assistance coverage must include reimbursement of ambulance services for responding to calls to assist covered individuals which do not result in transport. 2. For purposes of classifying ambulance services under this section: a. An emergency response is one that at th…
N.D.C.C. § 50-24.1-16.1 Continuous glucose monitoring devices
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Medical assistance coverage, including Medicaid Expansion, must include coverage of a continuous glucose monitoring device for a covered individual.
N.D.C.C. § 50-24.1-17 Medical assistance for breast or cervical cancer
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The department may provide medical assistance for individuals screened and found to have breast or cervical cancer in accordance with the federal Breast and Cervical Cancer Prevention and Treatment Act of 2000 [Pub. L. 106-354; 114 Stat. 1381; 42 U.S.C. 1396a et seq.]. The depart…
N.D.C.C. § 50-24.1-18.1 Consumer-directed health maintenance services - Residing at home
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Repealed by S.L. 2021, ch. 12, § 35.
N.D.C.C. § 50-24.1-19 Oral maxillofacial services - Medical necessity
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Repealed by S.L. 2019, ch. 408, § 39.
N.D.C.C. § 50-24.1-20 Home and community-based living - Choice of options
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Any aged or disabled individual who is eligible for home and community-based living must be allowed to choose, from among all service options available, the type of service that best meets that individual's needs. To the extent permitted by any applicable waiver, the individual's…
N.D.C.C. § 50-24.1-21 Department to submit plans and seek waivers
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Repealed by S.L. 2007, ch. 421, § 3.
N.D.C.C. § 50-24.1-22 Long-term care facility information
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Repealed by S.L. 2019, ch. 408, § 39.
N.D.C.C. § 50-24.1-23 Long-term care facility resident - Medical assistance eligibility
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An individual is not ineligible for medical assistance if application of disqualifying transfer provisions would deprive the individual of nursing care and services and the individual makes a satisfactory showing that: 1. For periods after the return, all income or assets constit…
N.D.C.C. § 50-24.1-24 Provider appeals - Definitions
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1. For purposes of this section: a. "Denial of payment" means that the department has denied payment for a medical assistance claim or reduced the level of service payment for a service provided to an individual who was an eligible medical assistance recipient at the time the ser…
N.D.C.C. § 50-24.1-25 Operating costs for developmental disabilities service providers
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Repealed by S.L. 2019, ch. 408, § 39.
N.D.C.C. § 50-24.1-26 Medicaid waivers - In-home services
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The department shall administer Medicaid waivers to provide in-home services to children with extraordinary medical needs and to children diagnosed with an autism spectrum disorder who are under the age of twenty-one and would otherwise meet institutional level of care. The depar…
N.D.C.C. § 50-24.1-27 Medical assistance program management
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Repealed by S.L. 2019, ch. 408, § 39.
N.D.C.C. § 50-24.1-28 Medical assistance and Medicare prescription drug management program
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The department may not pay for: 1. A prescription drug that is within a class of drugs covered under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 [Pub. L. 108-173; 117 Stat. 2066; 42 U.S.C. 1396kk-1] and which is prescribed to a medical assistance re…
N.D.C.C. § 50-24.1-28.1 Pharmacy management program
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The department shall establish a pharmacy management program to be used by the medical assistance program for Medicaid expansion for prescription drug coverage. The department shall process claims through the department's existing pharmacy claims system and Medicaid management in…
N.D.C.C. § 50-24.1-29 Insurers to provide certain information to the department
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1. For purposes of this section: a. "Department" means the department of health and human services or its agent. b. "Health insurer" includes self-insured plans, group health plans as defined in section 607(1) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1167…
N.D.C.C. § 50-24.1-30 Third-party liability recovery
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1. The department shall seek recovery of reimbursement from a third party up to the full amount of medical assistance paid. 2. A medical assistance recipient shall inform the department of any rights the recipient has to third-party benefits and shall inform the department of the…
N.D.C.C. § 50-24.1-31 Optional medical assistance for families of children with disabilities
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1. The department shall establish and implement a buyin program under the federal Family Opportunity Act enacted as part of the Deficit Reduction Act of 2005 [Pub. L. 109-171; 120 Stat. 4; 42 U.S.C. 1396] to provide medical assistance and other health coverage options to families…
N.D.C.C. § 50-24.1-33 Brain injury - Home and community-based services - Quality control
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1. As part of the personal care services program for eligible medical assistance recipients and as part of the department's services for eligible disabled and elderly individuals, the department shall provide home and community-based services to individuals who have a brain injur…
N.D.C.C. § 50-24.1-34 Processing of claims submitted on behalf of inmates
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The department of health and human services shall process claims submitted by enrolled medical providers on behalf of inmates at county jails. Each county shall pay the department for the paid amount for the claims processed and also a processing fee for each claim submission. Th…
N.D.C.C. § 50-24.1-35 Department to expand Medicaid coverage
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The department shall ensure Medicaid coverage includes Medicaid-covered services provided to an inmate of the department of corrections and rehabilitation or a county jail who would be eligible for Medicaid if the inmate were not incarcerated and who is admitted to an inpatient s…
N.D.C.C. § 50-24.1-36 Civil sanction - Costs recoverable - Interest - Appeals
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1. For purposes of this section: a. "Affiliate" means a person having an overt or covert relationship each with another person in a manner that one person directly or indirectly controls or has the power to control another. b. "Provider" means any individual or entity furnishing …
N.D.C.C. § 50-24.1-38 Health-related services - Licensed emergency medical services personnel
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1. Medical assistance must cover services provided by community emergency medical services personnel, and other similarly licensed personnel who are licensed or certified under section 23-27-04.3, if the services are provided to an eligible recipient as defined by rule. Community…
N.D.C.C. § 50-24.1-39 Behavioral health services - Licensed marriage and family therapists
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Beginning January 1, 2016, the department shall allow licensed marriage and family therapists to enroll and be eligible for payment for behavioral health services provided to recipients of medical assistance, subject to limitations and exclusions the department determines necessa…
N.D.C.C. § 50-24.1-41 Medical assistance benefits - Pregnant women - Postpartum
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The department shall seek the necessary approval from the centers for Medicare and Medicaid services to expand medical assistance coverage for pregnant women with income below one hundred seventy-five percent of the federal poverty level. Services under this section must be for t…