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HB 1067

An Act amending the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, providing for notice of gift card scams; and imposing penalties.

2025-2026 Regular Session Introduced by Joe Ciresi and 9 co-sponsors

Expands Medicaid in‑home waivers to cover children with extraordinary medical needs and some with autism, and broadens eligibility rules for pregnant women and children.

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Bill Summary · HB 1067

Summary — HB 1067 (North Dakota)

AN ACT to amend and reenact sections 50‑24.1‑02.6 and 50‑24.1‑26 of the North Dakota Century Code, relating to medical assistance benefits and Medicaid waivers; and to provide an effective date.

Status: Enacted (filed with Secretary of State 03/20/2025). Section 1 effective July 1, 2026 (see text).

Purpose
- To revise Medicaid eligibility rules and certain income disregards for children and pregnant women, and to expand/clarify the Department of Health and Human Services’ authority to operate Medicaid 1915(c) waivers providing in‑home services for children with high medical needs, including children with autism spectrum disorder.

Key provisions and changes
1. Medical assistance eligibility (NDCC § 50‑24.1‑02.6)
- Requires the Department to provide medical assistance to medically needy persons whose countable income does not exceed an income level set by the department (no less than federal requirements).
- Clarifies that children and families coverage groups and pregnant women are eligible for medical assistance without consideration of assets.
- Explicitly provides medical assistance to otherwise eligible pregnant women and children who are lawfully present in the United States.
- Permits the department, as a condition of Medicaid eligibility, to require individuals who are eligible for Medicare Parts A, B, or D to apply for that coverage.
- Requires the department to disregard Social Security survivor income and court‑ordered child support when determining eligibility for a child under 18 who is enrolled in a Medicaid 1915(c) waiver (i.e., those income sources will not count against eligibility for such children).

  • Effective date: Section 1 (amendments to NDCC § 50‑24.1‑02.6) becomes effective July 1, 2026.
  1. Medicaid waivers — in‑home services (NDCC § 50‑24.1‑26)
    • Directs the Department to administer Medicaid waivers to provide in‑home services to:
      • Children with extraordinary medical needs; and
      • Children diagnosed with an autism spectrum disorder who are under age 21 and who would otherwise meet institutional level‑of‑care criteria (text references children “up to the age of eighteen” in describing the autism group; the operative clause extends waiver eligibility to those under 21 who meet institutional level of care).
    • Authorizes the department to prioritize applicants for waivers for children with extraordinary medical needs by degree of need.

Who is affected
- Medically needy individuals whose income is near program limits; children and families coverage groups; pregnant women (including lawfully present non‑citizens who meet other eligibility conditions); children under 18 enrolled in 1915(c) waivers; children with extraordinary medical needs and children with autism spectrum disorder who meet institutional level‑of‑care criteria; the Department of Health and Human Services (administration/implementation).

Procedural/timeline notes
- Section 1 (eligibility changes) takes effect July 1, 2026. The bill text designates that effective date specifically for Section 1; other sections became effective upon enactment.
- The bill was requested by the Department of Health and Human Services and moved through the Human Services Committee.

Potential impact
- The changes clarify and in some respects broaden protections and eligibility for children and pregnant women (asset disregards, income disregards for certain waiver‑enrolled children).
- Expansion/clarification of waiver authority may increase access to in‑home services for children with high medical needs and for some children with autism who meet institutional‑level criteria; the department may prioritize by degree of need.
- Implementation will require administrative action by the department to update eligibility rules, income calculations, and waiver program operations. The bill does not specify appropriation amounts.

Compiled from official sources — confirm details with the bill’s official record.

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