Public Institutions 510-03-35-95

(Revised 1/1/2025 ML #3916 )

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(N.D.A.C. Section 75-02-02.1-19)

Incarceration status is not a condition of Medicaid eligibility and does not make an individual ineligible. An individual who is an “inmate” of a “public institution” who meets all eligibility factors for Medicaid is Medicaid eligible. Medicaid eligibility for individuals who are inmates of a public institution will be suspended. No medical services will be covered under the Medicaid program during the individual's stay in the public institution. Public Institutions in North Dakota include (but are not limited to): North Dakota Youth Correctional Center, Dakota Women’s Correctional Center in New England, North Dakota State Penitentiary, Bismarck Transition Center (BTC) Women’s Treatment Program (locked unit which is separate and distinct from the BTC transitional housing and work release unit), James River Correctional Center, Heart River Correctional Center, Missouri River Correctional Center City, county, and tribal jails. A transfer from a public institution to a hospital or another medical institution, for evaluation or treatment does not terminate inmate status. Example : A release from a public institution to a hospital for the birth of the inmate’s child will not terminate inmate status if the inmate is required to return to the public institution following discharge from the hospital.

The period of Medicaid eligibility suspension under this section begins the day after the day the individual enters the public institution and ends the day before the day the individual is discharged from the public institution. A Ten-Day Advance Notice is not needed when suspending benefits due to entry into the public institution. See Paragraph (4)(c)(iii) of 510-03-25-25 , "Decision and Notice," for further information.