§ 50-06.2-10 — Service payments for elderly and disabled program eligibility

North Dakota § 50-06.2-10

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-06.2: Comprehensive Human Services Programs

Text

1. The state agency may not require an individual to apply for services under chapter
50-24.1 as a condition of being eligible to apply for services under the service
payments for elderly and disabled program:
a. If the individual's estimated monthly home and community-based services
benefits, excluding the cost of case management, are between the income level
established in section 50-24.1-02.6 and the lowest level of the fee schedule for
services under this chapter; or
b. If the individual is receiving a service that is not available under chapter 50-24.1.
2. The home and community-based services case manager shall notify the state agency
upon use of an exception authorized under subsection 1.
3. An overpayment, whether resulting from an eligible individual's or eligible individual's
legal representative's concealment, misrepresentation, or fraud, or from assistance
granted pending a decision on an appeal adverse to the appellant, and whenever
made, is subject to recovery by the state agency. An overpayment may be collected
from any person that benefited from, or that was responsible for, the overpayment. A
statute of limitations or similar statute or the doctrine of laches does not bar a claim
under this chapter.