North Dakota Administrative Code

For purposes of this chapter: 1. An individual is a resident of this state if the individual is not living in an out-of-state institution and is living in this state: a. With intent to remain in this state permanently or for an indefinite period; or b. Without intent if the indiv…

1. The department shall inform an individual who is determined to be ineligible for covered services or who becomes ineligible while receiving services in writing of the denial, termination, or reduction, the reasons for the denial, termination, or reduction, the right to appeal,…

1. Payment for ex-SPED services may only be made to an enrolled qualified service provider who meets the standards described in chapter 75-03-23. 2. The department shall establish provider rates for home and community-based services in accordance with a procedure that factors in:…

A qualified service provider shall not submit a claim for payment or receive service payments for services that have not been delivered in accord with department policies and procedures. The 7 department shall recover all payments received by a qualified service provider who fail…

The department must be responsible for the administration of the program with respect to that applicant or eligible individual. History: Effective April 1, 2012; amended effective July 1, 2020; January 1, 2024. General Authority: NDCC 50-24.7-02 Law Implemented: NDCC 50-24.7 8…

As used in this chapter: 1. "Administrative action" means an act, decision, or a failure to act or to make a decision by an owner, employee, or agent of a long-term care facility or by a public agency that affects the provision of services to a resident. 2. "Basic care facility" …

Repealed effective April 1, 2016.

The state long-term care ombudsman shall: 1. Identify, investigate, and resolve complaints made by, or on behalf of, long-term care residents; 2. Investigate and resolve complaints involving long-term care service providers, representatives of providers, public agencies, or healt…

Repealed effective April 1, 2016.

The local ombudsman shall: 1. Investigate and resolve complaints involving long-term care service providers, or representatives of providers, public agencies, or health and social service agencies and pertaining to administrative action, inaction, or decisions that may adversely …

The state long-term care ombudsman may certify a volunteer ombudsman. A volunteer ombudsman must be at least eighteen years of age. The volunteer ombudsman is not paid and is not an employee of the department. Each certified volunteer ombudsman must: 1. Have references and experi…

The volunteer ombudsman shall: 1. Provide ombudsman services to protect the health, safety, welfare, and rights of a long-term care resident; 2. Be present at the ombudsman's assigned facility on a regular basis; 3. Maintain confidentiality in all ombudsman activities; 4. Receive…

While in the role of the volunteer ombudsman in an assigned long-term care facility, the local ombudsman may not: 1. Provide direct personal care to a long-term care resident; 4 2. Provide transportation for a long-term care resident; or 3. Conduct personal business for a long-te…

The division of aging services of the department shall ensure that the state, local, and volunteer ombudsmen have reasonable access to: 1. A long-term care facility and a long-term care resident; 2. Review a long-term care resident's social and medical records, as provided under …

1. An ombudsman may not serve as guardian or conservator or in any other decisionmaking capacity for a long-term care resident who is in a facility served by the ombudsman. 2. An ombudsman or any member of the ombudsman's immediate family may not be a board member, have an owners…

Any ombudsman may be dismissed if the ombudsman: 1. Fails to perform ombudsman services in a manner consistent with the program's policies and procedures; 2. Fails to maintain confidentiality; 3. Fails to report abuse, neglect, or exploitation of a long-term care resident if a re…

Legal counsel shall be provided to any ombudsman against whom suit or other legal action is brought or threatened to be brought in connection with the performance of official ombudsman duties. History: Effective March 1, 1997. General Authority: NDCC 50-10.1-03(8); 42 U.S.C. 3011…

A long-term care facility, and its agents, may not take or threaten retaliatory action against a long-term care resident, an employee, or any other individual because of the filing of a complaint by or on behalf of the long-term care resident, or because of the provision of infor…

The long-term care facility shall post, in a conspicuous place in each long-term care facility, information about the ombudsman program, how to file a complaint concerning administrative actions which affect any long-term care resident, and the address where a complaint may be fi…

1. The department shall establish a statewide uniform reporting system to collect and analyze information on complaints and conditions in long-term care facilities. 2. The department shall conduct the following actions through the statewide uniform reporting system: a. Maintain a…

1. "Advisory committee" means a committee established by the department to review loan applications. 2. "Alternative to nursing facility care" means services described in the department's home and community-based service waiver for aged and disabled individuals eligible for medic…

Repealed effective July 1, 2001.

1. At least annually, the department shall request applications from nursing facilities, basic care facilities, and assisted living facilities for loans for renovation projects. The department shall establish a calendar for receiving and evaluating proposals. Applicants shall sub…

The department may approve loans to the following entities renovating an existing nursing facility, basic care facility, or assisted living facility: 1. A nursing facility located in North Dakota which is enrolled, as of the date of the application, as a provider under the medica…

1. Subject to limitations in this chapter, the department may approve loans for costs related to the renovation of a nursing facility, basic care facility, or assisted living facility. 2. The interest rate for loans distributed from the long-term care facility loan fund is two pe…

1. To be eligible for a loan to renovate a nursing facility, basic care facility, or assisted living facility, an entity shall provide at least ten percent of the total cost of renovation. Loan funds available for renovation are limited to the lesser of one million dollars or nin…

1. The department may not disburse grant funds if the entity discontinues services on or before the date the entity submits a claim requesting payment. 2. The entity shall expend grant or loan funds for costs that are directly attributable to the project, in accordance with the a…

Grant awards for startup costs are limited to approved applications submitted prior to July 1, 2001. 1. Startup costs are those costs incurred by an entity prior to providing services and while developing the ability to provide services. Startup costs generally include the costs …

Grant awards for operating losses are limited to approved applications submitted prior to July 1, 2001. 1. First-year operating losses are operating losses incurred by an entity after July 1, 1999, for the first twelve months of operation following the date an entity begins provi…

1. An entity that receives loan funds shall annually submit to the department cost reports, on forms prescribed by the department, for a period of ten years following the datethe entity closes the loan. 2. When services are provided in a facility sharing services with a licensed …

The department shall make an incentive payment, to the extent funds are available, to a nursing facility that offers to delicense beds based on criteria set forth in this chapter. 1. The department may pay an incentive: a. Up to fifteen thousand dollars per licensed nursing facil…

1. "Assisted living facility" means a building or structure containing a series of at least five living units operated as one entity to provide services for five or more individuals who are not related by blood, marriage, or guardianship to the owner or manager of the entity and …

1. An assisted living facility shall apply to the department for a license in the form and manner prescribed by the department. The department shall notify a licensed assisted living facility of the need to renew its license at least sixty days prior to expiration of that license…

1. The department may deny or revoke an assisted living facility's license if: a. The application for a license or renewal of a license or supporting documents contain fraudulent or untrue representations or if the license was otherwise issued based upon bribery or fraudulent or …

1. The department shall receive complaints made by, or on behalf of, assisted living facility tenants. The department shall forward complaints regarding assisted living facilities to the appropriate agency, entity, or program for investigation. 2. The department shall request the…

1. The department shall provide written notice of the need for a license to any individual, institution, organization, limited liability company, or public or private corporation that provides assisted living services or uses the term assisted living in its marketing which does n…

For purposes of this chapter: 1. "At cost" means the actual cost of the medical food plus vendor shipping and handling charges and postage costs incurred by the department. 2. "Department" means the North Dakota department of human services. 3. "Government program" includes North…

1. The department shall provide medical food at no cost to males under age twenty-two and females under age forty-five who are diagnosed with phenylketonuria or maple syrup urine disease, regardless of income. 2. The department shall provide medical food only to an individual who…

1. The department shall offer for sale at cost medical food to males age twenty-two and over and females age forty-five and over who are diagnosed with phenylketonuria or maple syrup urine disease, regardless of income. The individual requesting medical food at cost must make pay…

1. The department shall provide low-protein modified food products, if medically necessary as determined by a qualified health care provider, to males under age twenty-two and females under age forty-five who are eligible to receive Medicaid benefits and are diagnosed with phenyl…

The department shall collaborate with the state department of health to implement the medical food program described in this chapter. The department may request information from and provide information to the state department of health regarding individuals with positive screenin…

The terms used in this chapter have the same meaning as in North Dakota Century Code chapter 50-12. In addition, as used in this chapter: 1 1. "Adoption dissolution" means a termination of parental rights of an adoptive parent after finalization of the same adoption. 2. "Adoption…

1. Application for a child-placing agency license must be made on an application form provided by the department. 2. At the initial application, the applicant shall submit a written purpose and policy statement for the general operation and management of the child-placing agency.…

1. A child-placing agency license may be denied or revoked under the terms and conditions of North Dakota Century Code chapter 50-12 or by failing to meet the minimum requirements of this chapter. 2. If the department decides to deny or revoke a license, the department shall noti…

1. The department may require immediate suspension of a child-placing agency license. a. A child-placing agency may submit a written request for review to the department if its license is suspended. The written request must include a statement of the disputed facts 3 and the name…

A resident child-placing agency shall maintain a physical office within the state, including an in-state mailing address and an in-state telephone number. The resident child-placing agency must ensure that at minimum the child placement coordinator maintains an onsite in-state pr…

1. Each child-placing agency shall have a governing body responsible for the overall operations, policies, activities, and practice of the child-placing agency. The governing body shall: a. Define a mission statement. b. Define services provided by the child-placing agency and cl…

1. The governing body of the child-placing agency shall designate an administrator and shall clearly define, in writing, the responsibilities of the administrator. 2. The administrator shall: a. Plan and coordinate with the governing body approval of new policies and procedures r…

Repealed effective April 1, 2024.

1. The child-placing agency shall maintain an individual file for each employee. The file must include: a. Inventory detailing first and last date of employment, reason employment ended, training totals per year, and performance evaluation dates. b. The application for employment…