Section 75-02-02.1-44 - [Effective 1/1/2025] Children's health insurance program1. Children ages birth through eighteen years of age are eligible for plan coverage provided all other eligibility criteria are met. Coverage for children who are eighteen years of age will continue through the last day of the month in which the child turns nineteen years of age.2. A child who has current creditable health insurance coverage or has coverage, which is available at no cost, as defined in section 2701 (c) of the Public Health Service Act [42 U.S.C. 300gg(c)] is not eligible for plan coverage.3. If the department estimates available funds are insufficient to allow plan coverage for additional applicants, the department may take any action appropriate to avoid commitment of funds in excess of available funds, including denying applications and establishing waiting lists not forbidden by title XXI of the Social Security Act [42 U.S.C. section 1397aa et seq.] or regulations adopted thereunder. If federal children's health insurance program funding decreases, the department may decrease the income eligibility limit to accommodate the decrease in federal funding.4. Assets may not be considered in determining eligibility for plan coverage.5. This subsection applies to applications and reviews received and processed for those requesting benefits prior to January 1, 2014. A plan unit may consist of one individual, a married couple, or a family with children under twenty-one years of age, or if disabled, under age eighteen, whose income is considered in determining eligibility for any member of that unit, without regard to whether the members of the unit all physically reside in the same location. A parent or other caretaker of children under twenty-one years of age may select the children who will be included in the plan unit. Anyone who is included in the unit for any month is subject to all plan requirements that may affect the unit. The financial responsibility of relatives must be considered with respect to all members of the assistance unit.6. This subsection applies to applications and reviews received and processed for those requesting benefits prior to January 1, 2014. All income that is actually available must be considered. Income is actually available when it is at the disposal of an applicant, recipient, or responsible relative when the applicant, recipient, or responsible relative has a legal interest in a liquidated sum and has the legal ability to make the sum available; or when the applicant, recipient, or responsible relative has the lawful power to make the income available or to cause the income to be made available.
It is presumed all parental income is actually available to a child under twenty-one years of age. This presumption may be rebutted by a showing that the child is:
a. Living independently; orb. Living with a parent who is separated from the child's other parent, with or without court order, if the parents did not separate for the purpose of securing plan coverage. The financial responsibility of any individual for any other member of the plan unit is limited to the responsibility of spouse for spouse and parents for children under age twenty-one or under age eighteen if the child is disabled. Such responsibility is imposed as a condition of plan eligibility. Except as otherwise provided in this subsection, the income of the spouse and parents is considered available even if that income is not actually contributed. Natural and adoptive parents, but not stepparents, are treated as parents.
7. Income may be received weekly, biweekly, monthly, intermittently, or annually. A monthly income amount must be computed by the department or county agency regardless of how often income is received.8. The following types of income must be disregarded in determining eligibility for plan coverage: a. Supplemental security income benefits provided by the social security administration.b. Income disregards in section 75-02-02.1-38.2.9. In determining ownership of income from a document, income must be considered available to each individual as provided in the document or in the absence of a specific provision in the document: a.(1) Income is considered available only to the individual if payment of the income was made solely to that individual; and(2) Income is considered available to each individual in proportion to the individual's interest if payment of income is made to more than one individual.b. One-half of income is considered available to each spouse in the case of income available to a married couple in which there is no document establishing ownership otherwise.c. Except in the case of income from a trust, the rules for determining ownership of income are superseded to the extent the applicant or recipient can establish the ownership interests are otherwise than as provided in subdivision d of subsection 4.10. To determine the appropriate income level for a plan unit:a. The size of the household is increased by one for each unborn child of a household member;b. A child who is away at school is not treated as living independently, but is allowed a separate income level for one in addition to the income level applicable for the family unit remaining at home;c. A child who is living outside of the parental home but who is not living independently; or a spouse who is temporarily living outside of the home to attend training or college, to secure medical treatment, because of temporary work relocation required by an employer, or for other reasons beyond the control of the spouse, is allowed a separate income level. This does not apply to situations in which an individual simply decides to live separately;d. An individual in a specialized facility is allowed a separate income level for one during all full calendar months in which the individual resides in the facility;e. An individual in a nursing facility is allowed a separate income level for one; andf. A recipient of home and community-based services is allowed a separate income level for one.11. For a child to be eligible for plan coverage, the income remaining after allowing the appropriate disregards and deductions must be equal to or below the income level set by the department in accordance with state law and federal authorization and must be based on the size of the household. If federal children's health insurance program funding decreases, the department may decrease the income eligibility limit to accommodate the decrease in federal funding.12. This subsection applies to applications and reviews received and processed for those requesting benefits prior to January 1, 2014. The following deductions must be subtracted from monthly income to determine adjusted gross income:a. For household members with countable earned income: (1) Actual mandatory payroll deductions, including federal, state, or social security taxes or ninety dollars per month, whichever is greater;(2) Mandatory retirement plan deductions;(3) Union dues actually paid; and(4) Expenses of a nondisabled blind individual, reasonably attributable to earning income;b. Reasonable child care expenses, not otherwise reimbursed by third parties if necessary to engage in employment or training. Reasonable child care expenses do not include payments to parents to care for their own children;c. Except for a support payment withheld from an extra check that is disregarded, nonvoluntary child and spousal support payments if actually paid by a parent on behalf of an individual who is not a member of the household;d. With respect to each individual in the unit who is employed or in training, thirty dollars as a work or training allowance, but only if the individual's income is counted in the eligibility determination;e. The cost of premiums for health insurance may be deducted from income in the month the premium is paid or may be prorated and deducted from income in the months for which the premium affords coverage. This deduction applies primarily for premiums paid for health insurance coverage of members in the unit who are not eligible for this plan coverage. For eligible members, this deduction may be allowed if the health insurance coverage is not creditable health insurance coverage for hospital, medical, or major medical coverage; andf. The cost of medical expenses for necessary medical or remedial care for members of the unit who are not eligible for this plan coverage.N.D. Admin Code 75-02-02.1-44
Adopted byAdministrative Rules Supplement 375, January 2020, effective1/1/2020Amended by Administrative Rules Supplement 2023-391, January 2024, effective 1/1/2024.Amended by Administrative Rules Supplement 2024-395, January 2025, effective 1/1/2025.General Authority: NDCC 50-29-02
Law Implemented: NDCC 50-24.1-37, 50-29-02, 50-29-04; 42 U.S.C. 1397aa et seq.