Relative Responsibility 510-05-35-20

(Revised 10/01/13 ML #3390)

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(N.D.A.C. Sections 75-02-02.1-25 and 75-02-02.1-34)

 

For Applications and Reviews Received and Processed on or before December 31, 2013 requiring benefits prior to January 1, 2014:

1. As a condition to receiving Medicaid, no support may be required of relatives other than from spouses and from natural or adoptive parents for children under age 21, or if blind or disabled, under age 18.

 

2. Under North Dakota law, a stepparent has no legally enforceable obligation to support stepchildren. Therefore, the stepparent's own personal income and assets cannot be considered available in determining Medicaid eligibility for the stepchildren. The natural parent, however, is legally responsible for supporting the children. The income of the natural parent cannot be first applied to the children if by doing so other members of the family are deprived of basic necessities.

 

3. If a caretaker relative other than a natural or adoptive parent becomes eligible for Medicaid solely because they have a deprived child living with them, the caretaker relative is treated as a natural parent for purposes of relative responsibility. Refer to Section 05-35-15 to determine who can be a caretaker relative.

 

4. If a child resides with a caretaker other than the parent, and the parent’s whereabouts are known, an attempt must be made to obtain the parent’s financial information. If the parent’s income is made available, follow the budgeting procedures outlined in section 05-90-23, Budgeting Procedures for Financially Responsible Absent Parents. If unable to obtain the information, document the efforts made, determine the child’s eligibility without the parental information, and refer the case to the Child Support Enforcement Unit.

 

For Applications and Reviews Received on or After October 1, 2013 for benefits beginning January 1, 2014:

Eligibility will be based on the MAGI methodologies. Each person’s financial responsibility depends upon their tax filing status which also determines the budgeting.

1. In taxpayer households, the taxpayer is financially responsible for themselves, their spouse, if living with them, and anyone they claim as a dependent, plus the individual’s spouse that lives with them and any unborn children if a pregnant woman is in the household. This is the same as their Medicaid household unit determination.
2. If the taxpayer may also be claimed as a dependent, the dependent rules are applied---

If the individual meets any of the following conditions, he/she is treated as a non-filer:

• Is the individual claimed as a dependent of someone other than a spouse, or natural, adopted or step parent?
• Is the individual under 19 and living with both parents but the parents are not filing a joint return?
• Is the child under 19 to be claimed as a dependent by a non-custodial parent?

 

If these conditions are not met, the individual’s financial responsibility is the same as the household that claims the individual as a dependent, plus the individual’s spouse that lives with them and any unborn children if a pregnant woman is in the household. This is the same as their Healthy Steps household unit determination. The above policy also applies to individuals claimed as tax dependents. These are known as dependent households.

3. If the individual is not a tax filer, nor expected to be claimed as a dependent, or meets one of the 3 bullets above, the individual is subject to the non-filer rules. Non-filers’ financial responsibility is for themselves, and, if living with them, their spouse, their natural, adopted or step-children under age 19, and the individual’s natural adopted or step-parents or natural adopted or step-siblings under 19 , plus the individual’s spouse that lives with them and any unborn children if a pregnant woman is in the household. These are known as non-filer households.