23.0367.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1396
of North Dakota
Introduced by
Representatives Dobervich, Dakane, Davis, Finley-DeVille, Ista
Senator Hogan
1 A BILL for an Act to amend and reenact sections 50-24.1-02, 50-24.1-17, and 50-24.1-41 of the
2 North Dakota Century Code, relating to presumptive eligibility for medical assistance applicants.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 50-24.1-02 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 50-24.1-02. Eligibility.
7 1. Within the limits of legislative appropriations, medical assistance may be paid for any
8 personan individual who either has income and resources insufficient to meet the
9 costs of necessary medical care and services or is eligible for or receiving financial
10 assistance under chapter 50-09 or title XVI of the Social Security Act, as amended,
11 and:
12 1. a. Has not at any time before or after making application for medical assistance
13 made an assignment or transfer of property for the purpose of rendering that
14 personindividual eligible for assistance under this chapter. For the purposes of
15 making any determination or redetermination of eligibility, the phrase "assignment
16 or transfer" includes actions or failures to act which effect a renunciation or
17 disclaimer of any interest which the applicant or recipient might otherwise assert
18 or have asserted, or which serve to reduce the amounts which an applicant or
19 recipient might otherwise claim from a decedent's estate, a trust or similar device,
20 or a person obligated by law to furnish support to the applicant or recipient.
21 2. b. Has applied or agrees to apply all proceeds received or receivable by that
22 personindividual or that person'sindividual's eligible spouse from third-party
23 medical coverage, including health care coverage, accident insurance, and
24 automobile insurance, to the costs of medical care for that personindividual and
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 Sixty-eighth
Legislative Assembly
1 that person'sindividual's eligible spouse and children. The department may
2 require from any applicant or recipient of medical assistance the assignment of
3 any rights accruing under third-party medical coverage. Any rights or amounts so
4 assigned must be applied against the cost of medical care paid on behalf of the
5 recipient under this chapter. The assignment is not effective as to any carrier
6 before the receipt of notice of assignment by such carrier.
7 3. c. Is eligible under rules and regulations established by the department.
8 2. The department shall adopt rules establishing a presumptive eligibility process for an
9 individual applying for benefits as a child, parent or caretaker relative of a child, or
10 former foster youth.
11 SECTION 2. AMENDMENT. Section 50-24.1-17 of the North Dakota Century Code is
12 amended and reenacted as follows:
13 50-24.1-17. Medical assistance for breast or cervical cancer.
14 The department may provide medical assistance for individuals screened and found to have
15 breast or cervical cancer in accordance with the federal Breast and Cervical Cancer Prevention
16 and Treatment Act of 2000 [Pub. L. 106-354; 114 Stat. 1381; 42 U.S.C. 1396a et seq.]. The
17 department shall establish an income eligibility limit that may not exceed two hundred percent of
18 the most recently revised poverty line published by the federal office of management and
19 budget applicable to the household size. The department shall adopt rules establishing a
20 presumptive eligibility process for an applicant under this section.
21 SECTION 3. AMENDMENT. Section 50-24.1-41 of the North Dakota Century Code is
22 amended and reenacted as follows:
23 50-24.1-41. Medical assistance benefits - Pregnant women.
24 The department shall seek the necessary approval from the centers for Medicare and
25 Medicaid services to expand medical assistance coverage for pregnant women with income
26 below one hundred sixty-two percent of the federal poverty level. The department shall adopt
27 rules establishing a presumptive eligibility process for an applicant under this section.
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Statutes affected:
INTRODUCED: 50-24.1-02, 50-24.1-17, 50-24.1-41
FIRST ENGROSSMENT: 50-24.1-02, 50-24.1-41