(Revised 7/1/09 ML #3183)
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(N.D.A.C. Section 75-02-02.1-27)
The following assets are exempt from consideration in determining Medicaid eligibility:
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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, or son or daughter who is under age twenty-one, or blind or disabled (any age), at home, unless a physician has certified that the individual is likely to return home within six months. (See 510-05-70-27 for home equity limit for exempt home during six-month period and for single HCBS applicants and recipients.)
When determining whether an individual is likely to return home within 6 months, the physician’s statement must include the date admitted to the facility, the date of the statement, wording showing that the individual is reasonably expected to return home within the 6 months, and it must be signed by the physician. Statement language that indicates that an individual “may” return home, or “wants to” return home, is not sufficient. Following are examples of acceptable and non-acceptable physician statements regarding an individual’s stay in a long-term care facility.
Example: Prepared within 30 days of admittance to facility.
(Recipient Name) entered the (Facility Name) on (Admit date). She is reasonably expected to return home within 6 months.
(Signed by Physician)
This statement is acceptable as it includes all of the required information.
Example: Prepared at time individual was admitted to facility.
(Date Written)
(Recipient Name) was admitted to the (Facility Name) on (Admit Date). Anticipate that she may be able to return home within 6 months.
(Signed by Physician)
This statement is not acceptable. “May” is indefinite. It would be acceptable if it said she was expected (or likely) to return home within 6 months.
Example:
(Date Written)
(Recipient Name) is anticipated to return home in less than 6 months. Patient will receive physical therapy for strengthening and to recover from pneumonia.
(Signed by Physician)
This statement is not acceptable as there is no admit date so the total length of stay cannot be determined.
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Personal effects, wearing apparel, household goods, and furniture.
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One motor vehicle, if the primary use 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.
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Indian trust or restricted lands.
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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.
