Eligibility Factors 510-05

 

Definitions 510-05-05

(Revised 10/01 ML #2716)

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(N.D.A.C. Section 75-02-02.1-01)

 

For the purpose of this chapter:

 

Blind

Has the same meaning as the term has when used by the social security administration in determining blindness for Titles II and XVI.

 

Contiguous

Real property, which is not separated by other real property owned by others. Roads and other public right-of-ways, which run through the property, even if owned by others, do not affect the property's contiguity.

 

County agency

The county social service board.

 

Department

The North Dakota department of human services.

 

Disabled

Has the same meaning as the term has when used by the social security administration in determining disability for Titles II and XVI.

 

Disabled adult child

A disabled or blind person over the age of twenty-one who became blind or disabled before age twenty-two.

 

Full calendar month

The period, which begins at midnight on the last day of the previous month and ends at midnight on the last day of the month under consideration.

 

Good faith effort to sell

An honest effort to sell in a manner which is reasonably calculated to induce a willing buyer to believe that the property offered for sale is actually for sale at a fair price. A good faith effort to sell includes, at a minimum, making the offer at a price based on an appraisal, a market analysis by a realtor, or another method which produces an accurate reflection of market value, in the following manner:

  1. To any co-owner, joint owner, possessor, or occupier of the property, and, if no buyer is thereby secured;

  2. To the regular market for such property, if any regular market exists, or, if no regular market exists;

  3. By public advertisement in a newspaper of general circulation, the circulation area of which includes the location of any property resource offered for sale, which advertisement was published consecutively for two weeks if the newspaper is a weekly publication and for one week if the newspaper is a daily publication, and which includes a plain and accurate description of the property and the name, address, and telephone number of a person who will answer inquiries and receive offers.

Home and community based services

Services, provided under a waiver secured from the United States department of health and human services, that are:

  1. Not otherwise available under Medicaid; and

  2. Furnished only to individuals who, but for the provision of such services, would require the level of care provided in a hospital, nursing facility, or intermediate care facility for the mentally retarded (ICF-MR).

Institutionalized person

A person who is an inpatient in a nursing facility, an ICF/MR, the State Hospital, the Prairie Psychiatric Center, the Stadter Psychiatric Center, the Anne Carlsen facility, or who receives swing bed care in a hospital.

 

Living independently

In reference to a single individual under the age of twenty-one, a status which arises in any of the following circumstances:

  1. The applicant or recipient has served a tour of active duty with the armed services of the United States and lives separately and apart from the parent.

  2. The applicant or recipient has married, even though that marriage may have been dissolved through divorce or separation. A marriage dissolved by legal annulment is treated as if the marriage never occurred.

  3. The applicant or recipient has lived separately and apart from both parents for at least six consecutive months after the date the individual left the parental home, continues to live separately and apart from both parents, and has received no support or assistance from either parent while living separately and apart. Providing health insurance coverage or paying court ordered child support payments for a child is not considered to be providing support or assistance. For purposes of this paragraph, periods when the applicant or recipient is attending an educational or training facility, receiving care in a specialized facility, or is an institutionalized person are deemed to be periods when the applicant or recipient was living with a parent, unless the applicant or recipient had already established that he or she was living independently.

  4. The applicant or recipient has left foster care and established a living arrangement separate and apart from both parents and received no support or assistance from either parent. Providing health insurance coverage or paying court ordered child support payments for a child is not considered to be providing support or assistance.

  5. The applicant or recipient lives separately and apart from both parents due to incest, continues to live separately and apart from both parents, and receives no support or assistance from either parent while living separately and apart. Providing health insurance coverage for a child is not considered to be providing support or assistance.

Long term care, (LTC)

Refers to services received in a nursing facility, the State Hospital, the Anne Carlson facility, the Prairie Psychiatric Center, the Stadter Psychiatric Center, an intermediate care facility for the mentally retarded (ICF-MR), or a swing bed when the individual in the facility is screened or certified as requiring the services provided in the facility.

 

Medicaid

A program implemented pursuant to North Dakota Century Code chapter 50-24.1 and title XIX of the Act.

 

Medicare cost sharing

Refers to the following costs:

  1. Medicare part A premiums (hospital); and Medicare part B premiums (doctor);

  2. Medicare coinsurance (Including coinsurance amounts for certain services and the remaining 20% after Medicare pays 80% on the approved amount of the bill.); and

  3. Medicare deductibles.

North Dakota Healthy Steps

An insurance program, for children up to age 19, administered under North Dakota Century Code Chapter 50-12 and Title XXI (SCHIP).

 

Public institution

An institution that is the responsibility of a governmental unit or over which a governmental unit exercises administrative control.

 

Remedial services

Those services, provided in specialized facilities, which produce the maximum reduction of physical or mental disability and restoration of the residents to the best possible level of functioning.

 

Residing in the home

Refers to individuals who are physically present, individuals who are temporarily absent, or individuals attending educational facilities.

 

Specialized facility

A residential facility, including a basic care facility, a licensed family foster care home for children or adults, a licensed group foster care home for children or adults, a transitional living facility, a facility established to provide quarters to clients of a sheltered workshop, and any other facility determined by the department to be a provider of remedial services, but does not mean an acute care facility or a nursing facility. Examples of a specialized facility include the School for the Blind, School for the Deaf, and Svee Home.

 

State agency

The North Dakota department of human services.

 

Temporary Assistance For Needy Families" (TANF)

A program administered under North Dakota Century Code Chapter 50-09 and Public Law 104-193.

 

Title II

Title II of the Social Security Act (Social Security benefits).

 

Title IV-D

Title IV-D of the Social Security Act (Child Support).

 

Title IV-E

Title IV-E of the Social Security Act (Foster Care and Adoption Assistance).

 

Title XVI

Title XVI of the Social Security Act (Supplemental Security Income (SSI)).

 

Title XIX

Title XIX of the Social Security Act (Medicaid).

 

Title XXI

Title XXI of the Social Security Act (North Dakota Healthy Steps).