North Dakota Code § 25-04-16

Waiver of payment - Use of income tax data - Confidentiality - Definition
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1. Except with respect to services provided and duties effectuated for persons other than 
individuals served by 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 individual served, former individual served, 
parent of an individual served or former individual served 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 
individual served's care and treatment at the life skills and transition center. An 
application from an individual served , former individual, personal representative, or 
guardian must be accompanied by proof of the individual served's or the estate of the 
individual served's inability to pay. An application from a parent of an individual served 
or former individual served 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 individual served , and has assured the contribution of 
those services, compensation, and contract and program benefits to meet the cost of 
care provided to the individual served 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 an individual served under age eighteen, extinguishes any debt that 
would otherwise be owed by the individual served, the individual served's parents, or 
the individual served's estate with respect to care and treatment furnished during times 
the waiver is effective.
2. Upon receipt of such application, the department shall direct the human service zone 
of the county from which the individual served was admitted to determine whether the 
application is complete and supported by the required proofs. The department shall 
approve, reject, or amend the determination made by the human service zone. The 
determination made by the department may be appealed to the district court of the 
county of residence of the individual served.
3. Any individual served, former individual served, parent of an individual served or 
former individual served, 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 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.

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