North Dakota Medicaid income limits run on a 209(b) framework, which lets a single applicant keep $3,000 in countable assets, not the $2,000 federal default most states use. That extra room matters, and so does what comes next. If your income runs over the line, North Dakota doesn't shut the door. It lets you spend the excess down on care, with no special trust required.

This guide walks through the 2026 income and asset rules for North Dakota Medicaid for seniors and people who are blind or disabled, the group the program serves for long-term care. It covers the $3,000 asset limit, how the medically needy spend-down works, what a nursing-facility resident keeps each month, what a spouse who stays home is protected from, and how to apply through your county Human Service Zone.

Why North Dakota's $3,000 asset limit is different

For most of Medicaid's history, the countable-asset limit for a single aged or disabled applicant has been $2,000, a federal figure unchanged since the 1980s. North Dakota is one of a small number of section 209(b) states that set their own, more generous standard. Under North Dakota Administrative Code 75-02-02.1-26, a single nursing-home or waiver applicant may hold $3,000 in countable assets, and a couple $6,000.

Two details people get wrong:

The couple figure is $6,000, not double-and-then-some. When only one spouse needs care, the far larger spousal-impoverishment allowance below is what protects the at-home spouse; the $6,000 applies when both members of a couple are applying.

"Countable" is the word doing the work. North Dakota, like every state, exempts a long list of assets from the count: your home (subject to an equity cap), one vehicle, household goods and personal effects, and prepaid burial arrangements. So the $3,000 applies to things like bank accounts, a second vehicle, and investments, not the roof over your head.

A note on the home. North Dakota exempts a primary residence subject to a home-equity limit that is set by state rule (N.D.A.C. 75-02-02.1-28) and adjusted each year. Because that figure is indexed and changes, confirm the current number with your county Human Service Zone before assuming the home is fully protected.

How the North Dakota Medicaid income limits work: spend-down

Here is where being a 209(b) state shapes everything. North Dakota is a medically needy program, so being over the income standard does not disqualify you. If your monthly income is above the medically needy level, the excess becomes a spend-down amount: once you've incurred that much in medical or care costs in a given month, Medicaid covers the rest of that month.

This is the key reason North Dakota does not require a Qualified Income Trust (also called a Miller Trust). In strict income-cap states, an applicant even one dollar over the limit is locked out unless they route the excess through a special trust. North Dakota has no such cliff. If your income is high, you spend down; you are never simply "too rich" for long-term-care Medicaid here.

A quick illustration of the mechanic:

For a nursing-facility resident, the income test plays out as recipient liability: the resident contributes their income toward the cost of care, keeping only the protected allowances described next, and Medicaid pays the balance of the bill.

North Dakota nursing home Medicaid: what a resident keeps

When North Dakota Medicaid pays for nursing-facility care, the resident contributes nearly all of their monthly income toward the cost of care. What they keep is the Personal Needs Allowance (PNA), money set aside for the resident's own small expenses like clothing, a haircut, or a phone. North Dakota sets its PNA at $115/month and adjusts it yearly for inflation (N.D.A.C. 75-02-02.1-40), well above the $30 federal floor that some states still use.

The same $3,000 asset limit applies to nursing-home applicants. And because North Dakota uses spend-down rather than an income cap, even a resident with substantial monthly income can qualify; they simply contribute more of it toward care. For the national picture on how the PNA is set and calculated, see our explainer on the Medicaid personal needs allowance.

The five-year look-back

North Dakota reviews asset transfers made in the 60 months before a long-term-care application. Giving away money or property for less than fair market value during that window, such as gifting a grandchild a down payment or signing a house over to a child for a dollar, can trigger a penalty period during which Medicaid won't pay for long-term-care services, even though you're otherwise eligible.

There are legitimate exceptions (transfers between spouses, transfers to a disabled child, certain caregiver-child home transfers) and legitimate planning approaches, but anything done inside the five-year window deserves an elder-law attorney's review first. If long-term care is on the horizon for someone in your family, talk to a professional before moving assets. For the broader toolkit, see our guide to Medicaid planning strategies.

Protecting the spouse who stays home

When one spouse needs long-term care and the other remains in the community, federal spousal-impoverishment rules keep the at-home spouse from being left without enough to live on. North Dakota applies the federal framework for 2026: the community spouse may keep half the couple's countable assets up to the federal maximum, plus a protected share of monthly income.

Protection 2026 Amount What it does
Community Spouse Resource Allowance (CSRA) Half the couple's countable assets, up to $162,660 (federal maximum); minimum $32,532 The most in countable assets the at-home spouse may keep, on top of the applicant's own limit.
Monthly Maintenance Needs Allowance (MMNA) Up to $4,066.50/month (effective 1/1/2026); minimum $2,643.75/month (through 6/30/2026) The most monthly income the at-home spouse may keep; income can be shifted from the applicant to reach it.

So a married couple is in a very different position from a single applicant. The community spouse can hold up to $162,660 in countable assets and keep meaningful monthly income while the other spouse receives Medicaid-funded care.

After death: estate recovery

Like every state, North Dakota runs a Medicaid estate-recovery program. After a recipient who was 55 or older and received long-term-care services dies, the state may seek repayment from the estate, subject to federal exceptions, such as a surviving spouse or a surviving minor, blind, or disabled child, and an undue-hardship waiver. For how estate recovery works and where families have room to plan, see our Medicaid estate recovery explainer.

How to apply in North Dakota

North Dakota Medicaid is administered by North Dakota Health and Human Services (ND HHS), but financial eligibility is determined locally by your county Human Service Zone. You have three ways to apply:

  1. Online through the North Dakota Self Service Portal at apply.nd.gov, which handles Medicaid and other assistance programs together.
  2. In person at your county Human Service Zone office.
  3. By phone at 1-800-472-2622.

Long-term-care applicants also go through a level-of-care screening to confirm they need nursing-facility-level services. Apply even if you think you're over the limit. Between the $3,000 asset rule and the medically needy spend-down, many people who assume they're disqualified are not.

Frequently Asked Questions

$3,000 in countable assets for a single long-term-care applicant and $6,000 for a couple, set in state rule (N.D.A.C. 75-02-02.1-26). Because North Dakota is a 209(b) state, that single-person figure is higher than the $2,000 most states use. The home (subject to an equity cap), one vehicle, household goods, and prepaid burial are exempt from the count.

North Dakota uses a medically needy spend-down rather than a hard income cap. Income above the medically needy level does not disqualify you; you spend the excess down on medical and care costs each month to qualify. A nursing-facility resident instead contributes income toward the cost of care, keeping a $115 Personal Needs Allowance.

No. As a 209(b) medically needy state, North Dakota has no hard income ceiling for long-term-care Medicaid and no need for a Qualified Income Trust. That's a key difference from income-cap states, where over-income applicants must route excess income through such a trust.

For 2026, the at-home (community) spouse can keep up to $162,660 in countable assets (the Community Spouse Resource Allowance, minimum $32,532) and monthly income in the federal range up to $4,066.50 (the Monthly Maintenance Needs Allowance, with a $2,643.75 minimum through June 30, 2026).

A Personal Needs Allowance of $115/month, adjusted yearly for inflation. The rest of the resident's monthly income goes toward the cost of care, after deductions for a community spouse and certain health-insurance premiums.

Apply online at apply.nd.gov, in person at your county Human Service Zone office, or by phone at 1-800-472-2622. North Dakota HHS sets policy, but your local Human Service Zone takes and decides the application.

Learn More

Find personalized help working through North Dakota Medicaid eligibility for your family at brevy.com.


The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.

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Expert eldercare guidance from Brevy's team of healthcare professionals and researchers.