(Revised 01/02 ML #2762)
View Archives
(N.D.A.C. Section 75-02-02.1-33.1)
-
The number of months of ineligibility for an individual shall be equal to the uncompensated value of the income and assets transferred by the individual (or individual's spouse), on or after the look-back date, divided by the average monthly cost of nursing facility care in North Dakota at the time of application.
-
The period of ineligibility begins the first day of the month in which the income or assets were transferred for less than market value, or if that day is within any other period of ineligibility, the first day after that which is not in a period of ineligibility.
For Example: Mr. Smith made a disqualifying transfer in January of last year that resulted in a ten-month period of ineligibility. The period begins the first day of the month of transfer, January, and goes through October. In July of last year, he made a second disqualifying transfer that resulted in a 12-month period of ineligibility. Because the month of transfer, July, was already within a period of ineligibility, the 12-month period from the second transfer only begins in November, and goes through October of this year.
-
If a transfer results in a period of ineligibility for an individual receiving nursing care services, and the individual’s spouse begins receiving nursing care services and is otherwise eligible for Medicaid, the period of ineligibility shall be apportioned equally between the spouses. Any months remaining in the period of ineligibility must be assigned or reassigned to the spouse who continues to receive the nursing care services if one spouse dies or stops receiving nursing care services.
