North Dakota Century Code Title 25. Mental and Physical Illness or Disability § 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 residents of 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 resident, former resident, parent of a resident or former resident 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 resident's care and treatment at the life skills and transition center.  An application from a resident, former resident, personal representative, or guardian must be accompanied by proof of the resident's or the estate of the resident's inability to pay.  An application from a parent of a resident or former resident 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 resident, and has assured the contribution of those services, compensation, and contract and program benefits to meet the cost of care provided to the resident 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 a resident under age eighteen, extinguishes any debt that would otherwise be owed by the resident, the resident's parents, or the resident's estate with respect to care and treatment furnished during times the waiver is effective.

2. Upon receipt of such application, the supervising department shall direct the county social service board of the county from which the patient was admitted to determine whether the application is complete and supported by the required proofs.  The supervising department shall approve, reject, or amend the determination made by the county social service board.  The determination made by the supervising department may be appealed to the district court of the county of residence of the patient.

2. Upon receipt of such application, the supervising department shall direct the human service zone of the county from which the patient was admitted to determine whether the application is complete and supported by the required proofs.  The supervising department shall approve, reject, or amend the determination made by the human service zone.  The determination made by the supervising department may be appealed to the district court of the county of residence of the patient.

3. Any patient, former patient, parent of a patient or former patient, 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 supervising 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.

5. As used in this chapter, “supervising department” means the department of human services.