Section 25-04-16 - Waiver of payment - Use of income tax data - Confidentiality - Definition1. Except with respect to services provided and duties effectuated for persons other than individuals served by the life skills and transition center who are developmentally disabled, and except with respect to services provided and duties effectuated under subsection 2 of section 25-04-02, the individual served, former individual served, parent of an individual served or former individual served under age eighteen, personal representative, or guardian may make application to the supervising department to pay less than the costs or none of the costs incurred by the state for the individual served's care and treatment at the life skills and transition center. An application from an individual served, former individual, personal representative, or guardian must be accompanied by proof of the individual served's or the estate of the individual served's inability to pay. An application from a parent of an individual served or former individual served must be accompanied by proof that the parent has applied for or cooperated fully in an application for medical and medically related services under entitlement from the federal government, medical or hospital insurance contracts, workforce safety and insurance, or medical care and disability programs for provision of services to the individual served, and has assured the contribution of those services, compensation, and contract and program benefits to meet the cost of care provided to the individual served by the life skills and transition center. A waiver must be granted upon receipt of an application from such a parent, which is complete and supported by the required proofs and is effective for so long as the parent continues to apply for or cooperate fully in applications for services, compensation, and contract and program benefits, and continues to assure the contribution of those services, compensation, and benefits to meet the costs of care. A waiver, once granted with respect to an individual served under age eighteen, extinguishes any debt that would otherwise be owed by the individual served, the individual served's parents, or the individual served's estate with respect to care and treatment furnished during times the waiver is effective.2. Upon receipt of such application, the department shall direct the human service zone of the county from which the individual served was admitted to determine whether the application is complete and supported by the required proofs. The department shall approve, reject, or amend the determination made by the human service zone. The determination made by the department may be appealed to the district court of the county of residence of the individual served.3. Any individual served, former individual served, parent of an individual served or former individual served, guardian, or personal representative who seeks relief from the payment of the cost of care and treatment by filing an application for relief of payment shall do so with the understanding that the department may, in its discretion, and to its satisfaction, verify any statement made in such application for relief of payment by a request for information from financial institutions, including commercial banks, and from other sources likely to possess verifying information. Notwithstanding the provisions of section 57-38-57, this verification may include a review of such applicant's state income tax return or any other document or report submitted to or held by any office or department of the state of North Dakota or any of its political subdivisions.4. When any official or employee of the life skills and transition center who, pursuant to subsection 1, obtains income tax information or other tax information from the state tax commissioner the confidentiality of which is protected by law, such official or employee may not divulge such information except to the extent necessary for the administration of this chapter or when otherwise directed by judicial order or when otherwise provided by law.Amended by S.L. 2023 , ch. 271( SB 2052 ), § 18, eff. 8/1/2023.Amended by S.L. 2021 , ch. 352( HB 1247 ), § 299, eff. 9/1/2022.Amended by S.L. 2019 , ch. 391( SB 2124 ), § 22, eff. 1/1/2020.