23.0465.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2181
of North Dakota
Introduced by
Senators K. Roers, Cleary, Mathern
Representatives O'Brien, Rohr, M. Ruby
1 A BILL for an Act to amend and reenact sections 50-09-29, 50-24.1-02.6, and 50-24.1-41 of the
2 North Dakota Century Code, relating to public assistance for pregnant women.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 50-09-29 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 50-09-29. Requirements for administration of temporary assistance for needy
7 families.
8 1. Except as provided in subsections 2, 3, and 4, the state agency, in its administration of
9 the temporary assistance for needy families program, shall:
10 a. Provide assistance to otherwise eligible pregnant women in the third trimester of
11 a pregnancywho are lawfully present in the United States;
12 b. Except as provided in subdivision c, afford eligible households benefits for no
13 more than sixty months;
14 c. Exempt eligible households from the requirements of subdivision b due to mental
15 or physical disability of a parent or child, mental or physical incapacity of a
16 parent, or other hardship including a parent subject to domestic violence as
17 defined in section 14-07.1-01;
18 d. Unless an exemption, exclusion, or disregard is required by law, count income
19 and assets whenever actually available;
20 e. Except as provided in subdivisionsubdivisions a and j, and as required to allow
21 the state to receive funds from the federal government under title IV-A, provide
22 no benefits to noncitizen immigrants who arrive in the United States after
23 August 21, 1996;
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1 f. Limit eligibility to households with total available assets, not otherwise exempted
2 or excluded, of a value established by the state agency;
3 g. Exclude one motor vehicle of any value in determining eligibility;
4 h. Require work activities for all household members not specifically exempted by
5 the state agency for reasons such as mental or physical disability of a parent or
6 child or mental or physical incapacity of a parent;
7 i. Establish goals and take action to prevent and reduce the incidence of
8 out-of-wedlock pregnancies and establish numerical goals for reducing the
9 illegitimacy rate for the state for periods through calendar year 2005;
10 j. To the extent required to allow the state to receive funds from the federal
11 government under title IV-A, provide benefits to otherwise eligible noncitizens
12 who are lawfully present in the United States;
13 k. Establish and enforce standards against program fraud and abuse;
14 l. Provide employment placement programs;
15 m. Exempt from assets and income the savings and proportionate matching funds in
16 individual development accounts;
17 n. Determine the unemployment rate of adults living in a county that includes Indian
18 reservation lands and a significant population of Indian individuals by using
19 unemployment data provided by job service North Dakota;
20 o. When appropriate, require household members to complete high school;
21 p. To the extent required to allow the state to receive funds from the federal
22 government under title IV-A, exempt single parents from required work activities;
23 q. Provide for sanctions, including termination of assistance to the household, if a
24 household member fails to cooperate with work requirements;
25 r. Provide for sanctions, including termination of assistance to the household, if a
26 household member fails, without good cause, to cooperate with child support
27 activities;
28 s. Deny assistance with respect to a minor child absent from the household for
29 more than one calendar month, except as specifically provided by the state
30 agency for absences;
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1 t. Require each household to participate in developing an individual employment
2 plan and provide for sanctions, including termination of assistance to the
3 household, if adult or minor household members age sixteen or older fail to
4 cooperate with the terms of the individual employment plan;
5 u. Provide pre-pregnancy family planning services that are to be incorporated into
6 the temporary assistance for needy families program assessment;
7 v. Except in cases of pregnancy resulting from rape or incest, not increaseIncrease
8 the assistance amount to recognize the increase in household size when a child
9 is born to a household member who was a recipient of assistance under this
10 chapter during the probable month of the child's conception;
11 w. Disregard earned income as an incentive allowance for no more than twelve
12 months; and
13 x. Consider, and if determined appropriate, authorize demonstration projects in
14 defined areas which may provide benefits and services that are not identical to
15 benefits and services provided elsewhere.
16 2. If the secretary of the United States department of health and human services
17 determines that funds otherwise available for the temporary assistance for needy
18 families program in this state must be reduced or eliminated should the state agency
19 administer the program in accordance with any provision of subsection 1, the state
20 agency shall administer the program in a manner that avoids the reduction or loss.
21 3. If the state agency determines, subject to the approval of the legislative management,
22 that there is insufficient worker opportunity, due to increases in the unemployment
23 rate, to participate in work activities, the state agency may administer the temporary
24 assistance for needy families program in a manner different than provided in
25 subsection 1.
26 4. If the state agency determines, subject to the approval of the legislative management,
27 that administration of the temporary assistance for needy families program, in the
28 manner provided by subsection 1, causes otherwise eligible individuals to become a
29 charge upon the human service zones under chapter 50-01, the state agency may
30 administer the program in a manner that avoids that result.
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1 5. The state agency may not deny assistance to any individual who has been convicted
2 of a felony offense that has as an element the possession, use, or distribution of a
3 controlled substance as defined in section 102(6) of the Controlled Substance Act [21
4 U.S.C. 802(6)].
5 SECTION 2. AMENDMENT. Section 50-24.1-02.6 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 50-24.1-02.6. Medical assistance benefits - Eligibility criteria.
8 1. The department shall provide medical assistance benefits to otherwise eligible
9 persons who are medically needy persons who have countable income that does not
10 exceed an amount determined under subsection 2.
11 2. The department shall establish an income level for medically needy persons at an
12 amount no less than required by federal law.
13 3. The department shall provide medical assistance benefits to children and families
14 coverage groups and pregnant women without consideration of assets.
15 4. The department shall provide medical assistance benefits to otherwise eligible
16 pregnant women who are lawfully present in the United States.
17 5. The department may require, as a condition of eligibility, individuals eligible for
18 Medicare part A, B, or D to apply for such coverage.
19 SECTION 3. AMENDMENT. Section 50-24.1-41 of the North Dakota Century Code is
20 amended and reenacted as follows:
21 50-24.1-41. Medical assistance benefits - Pregnant women - Postpartum.
22 The department shall seek the necessary approval from the centers for Medicare and
23 Medicaid services to expand medical assistance coverage for pregnant women with income
24 below one hundred sixty-two percent of the federal poverty level. Services under this section
25 must be for the duration of the pregnancy and the postpartum period consisting of the
26 twelve-month period beginning on the last day of the pregnancy.
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Statutes affected:
INTRODUCED: 50-09-29, 50-24.1-02.6, 50-24.1-41
FIRST ENGROSSMENT: 50-09-29, 50-24.1-02.6, 50-24.1-41
Enrollment: 50-09-29, 50-24.1-02.6, 50-24.1-41