Eligibility criteria.

75-02-10-05. Eligibility criteria. An individual may receive necessary benefits under this chapter if the individual: 1. Is a resident of this state; 2. Is: a. Sixty-five years of age or older; or b. Eighteen years of age or older and disabled or blind; 3. Has applied for and been found eligible for Medicaid benefits; 3 4. Has countable income which, when reduced by the cost of necessary benefits provided under: a. Subsection 1 or 2 of section 75-02-10-02, does not exceed the personal needs allowance established pursuant to legislative appropriation; or b. Section 75-02-10-02, except subsection 1 or 2, does not exceed an amount equal to the cash benefit under title XVI of the Social Security Act [42 U.S.C. 1381, et seq.], which the individual would receive if the individual had no income or assets; 5. Has not made an assignment or transfer of property for the purpose of rendering the individual eligible for assistance under this chapter; and 6. Based on a functional assessment made in accordance with this chapter, is not severely impaired in any of the activities of daily living of toileting, transferring to or from a bed or chair, or eating; and a. Has health, welfare, or safety needs, including a need for supervision or a structured environment, which require care in a licensed adult family foster care home or a licensed basic care facility; or b. Is impaired in three of the following four instrumental activities of daily living: (1) Preparing meals; (2) Doing housework; (3) Taking medicine; and (4) Doing laundry. History: Effective May 1, 1995; amended effective June 1, 2002; January 1, 2010. General Authority: NDCC 50-06-16, 50-24.5-02(8) Law Implemented: NDCC 50-24.5