Exempt Assets 510-05-70-25

(Revised 10/01 ML #2716)

View Archives

 

 

(N.D.A.C. Section 75-02-02.1-27)

 

The following assets are exempt from consideration in determining Medicaid eligibility:

  1. The home occupied by the Medicaid unit, including trailer homes being used as living quarters.

The home occupied by the Medicaid unit includes the land on which it is located, provided that the acreage does not exceed one hundred sixty contiguous acres if rural or two acres if located within the established boundaries of a city.

 

The home is considered occupied by the Medicaid unit when it is the home the Medicaid unit is living in or, if temporarily absent from, possesses with an intention to return and the capability of returning within a reasonable length of time. Property is not occupied if the right to occupy has been given up through a rental or lease agreement, whether or not that rental or lease agreement is written. Property is not occupied by an individual in long-term care or the state hospital, with no spouse, disabled adult child, or child under age twenty-one at home, unless a physician has certified that the individual is likely to return home within six months.

  1. Personal effects, wearing apparel, household goods, and furniture.
  2. One motor vehicle, if the primary purpose of the vehicle is to serve the needs of members of the Medicaid unit. If the vehicle is used primarily by someone who is not in the Medicaid unit, it does not meet this exemption.
  3. Indian trust or restricted lands.
  4. Indian per capita funds and judgment funds awarded by either the Indian claims commission or the court of claims after October 19, 1973, interest and investment income accrued on such Indian per capita or judgment funds while held in trust, and purchases made using interest or investment income accrued on such funds while held in trust. The funds must be identifiable and distinguishable from other funds. Commingling of per capita funds, judgment funds, and interest and investment income earned on those funds, with other funds, results in loss of the exemption.

The Bureau of Indian Affairs should be consulted, if necessary, to determine if the payment is the result of an award by either the Indian Claims Commission or the Court of Claims.