North Dakota Code 50-24.7-01 – Definitions
In this chapter, unless the context otherwise requires:
Terms Used In North Dakota Code 50-24.7-01
- 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
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. 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. “Department” means the department of health and human services.
4. “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.].
5. “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. Has applied for and is eligible to receive 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.]; c. 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 four instrumental activities of daily living of preparing meals, doing homework, taking medicine, and doing laundry; d. Has 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 personal needs allowance; e. Has impairments that are not the result of an intellectual disability; and
f. Is determined to be eligible pursuant to rules adopted by the department.
6. “Family home care” means the provision of room, board, supervisory care, and personal services to an eligible elderly or disabled person by the spouse or by one of the following relatives, or the current or former spouse of one of the following relatives, of the elderly or disabled person: parent, grandparent, adult child, adult sibling, adult grandchild, adult niece, or adult nephew. The family home care provider need not be present in the home on a twenty-four-hour basis if the welfare and safety of the client is maintained.
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. “Qualified service provider” means a human service zone or independent contractor who agrees to meet standards for services and operations established by the department.
9. “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.