When designated pre-need funeral service contracts, prepayments, or deposits not to be considered in eligibility determination
N.D. Cent. Code § 50-24.1-02.3
in effect50-24.1-02.3. When designated pre-need funeral service contracts, prepayments, or
deposits not to be considered in eligibility determination.
1. In determining eligibility for medical assistance, the department may not consider as
an available resource any pre-need funeral service contracts, prepayments, or
deposits to a fund which are placed in an irrevocable itemized funeral contract
designated by the applicant or recipient to pay for the applicant's or recipient's funeral.
2. An applicant or recipient designates a prepayment or deposit for that applicant's or
recipient's burial by providing funds that must be used for the funeral or burial
expenses of the applicant or recipient. If an applicant's or recipient's burial is funded by
an insurance policy, the amount considered set-aside for burial is the lesser of the cost
basis or the face value of the insurance policy. Interest or earnings retained in a
funeral fund also may not be considered as an available resource.
3. A pre-need funeral service contract, prepayment, or deposit designated under this
section is not a multiple-party account for purposes of chapter 30.1-31. Any amount in
a pre-need funeral service contract, prepayment, or deposit designated under this
section which is not used for funeral or burial expenses must be returned to the estate
of the medical assistance recipient and is subject to recovery by the department from
the medical assistance recipient's estate. A claim for payment of funeral expenses may
not be made against the estate of a deceased medical assistance recipient except to
the extent the funds are maintained in accordance with this chapter.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t50c24-1.pdf#nameddest=50-24p1-02p3Fetched: 10/16/2026