§ 25-04-16 — Waiver of payment - Use of income tax data - Confidentiality - Definition

1. 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.