North Dakota Code 50-24.5-01 – Definitions
In this chapter, unless the context otherwise requires:
Terms Used In North Dakota Code 50-24.5-01
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. “Aged” means at least sixty-five years of age.
2. “Blind” has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. §§ 401–434 and 42 U.S.C. § 1381 et seq.].
3. “Congregate housing” means housing shared by two or more individuals not related to each other which is not provided in an institution.
4. “Department” means the department of health and human services.
5. “Disabled” has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. §§ 401–434 and 42 U.S.C. § 1381 et seq.].
6. “Eligible beneficiary” means a resident of this state who:
a. (1) Is aged; or
(2) Is at least eighteen years of age and is disabled or blind; b. (1) Has applied for and is eligible to receive and receives benefits under title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.], and who has applied for and is receiving benefits, if the individual is eligible to receive benefits, under titles II and XVI of the Social Security Act [42 U.S.C. §§ 401–434 and 42 U.S.C. § 1381 et seq.]; or
(2) Has applied for and is eligible to receive and receives benefits under section 50-24.1-37 for long-term services and supports pursuant to an asset test established under title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.] and section 50-24.1-02; c. Meets the requirements of section 23-09.3-08.1; d. Based on a functional assessment, 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:
(1) Has health, welfare, or safety needs, including a need for supervision or a structured environment; or
(2) Is impaired in three of the following four instrumental activities of daily living:
preparing meals, doing housework, taking medicine, and doing laundry; and e. Is determined to be eligible pursuant to rules adopted by the department.
7. “Human service zone” means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department.
8. “Institution” means a facility licensed under chapter 23-09.3.
9. “Living independently” includes living in congregate housing. The term does not include living in an institution.
10. “Personal needs allowance” means an amount retained by the eligible beneficiary to cover the costs of clothing and other personal needs.
11. “Proprietor” means an individual responsible for day-to-day administration and management of a facility.
12. “Remedial care” means services that produce the maximum reduction of an eligible beneficiary’s physical or mental disability and the restoration of an eligible beneficiary to the beneficiary’s best possible functional level.
13. “Would be eligible to receive the cash benefits except for income” refers to an individual whose countable income, less the cost of necessary remedial care that may be provided under this chapter, does not exceed an amount equal to the cash benefit under titles II and XVI of the Social Security Act [42 U.S.C. §§ 401–434 and 42 U.S.C. § 1381 et seq.] which the individual would receive if the individual had no income, plus the amount allowed as the personal needs allowance.