North Dakota Administrative Code

1. In accordance with section 75-03-44-27, the certified clinic shall provide crisis management services that are available and accessible twenty-four hours a day, seven days a week. 2. The certified clinic shall maintain policies and procedures, including a description of method…

1. The certified clinic shall ensure: a. An individual seeking services is not denied behavioral health care services, including crisis management services, because of an individual's inability to pay for such services, pursuant to the Protecting Access to Medicare Act of 2014 [P…

1. The certified clinic shall ensure that no individual seeking services is denied behavioral health care services, including crisis management services, because of place of residence, homelessness, or lack of a permanent address. 2. The certified clinic shall have protocols addr…

1. The certified clinic shall coordinate care across the spectrum of health care services based on a person-centered and family-centered treatment plan that aligns with the requirements of section 2402(a) of the Patient Protection and Affordable Care Act of 2010 [Pub. L. No. 111-…

1. The certified clinic shall establish or maintain a secure health information technology system, including the storage, access, and use of electronic health records. 2. The certified clinic shall use its secure health information technology system and related technology tools t…

1. The certified clinic shall have a partnership establishing care coordination expectations with federally qualified health centers located in the certified clinic service area to provide health care services, if the services are not provided directly through the certified clini…

1. The certified clinic treatment team must include the adult individual and legal representative, if applicable, and the adult individual's family or other supports if the adult individual so wishes or if the individual is a child, the family or legal representative if permitted…

1. Whether delivered directly or through a designated collaborating organization agreement, the certified clinic is responsible for ensuring access to all care specified in the Protecting Access to Medicare Act of 2014 [Pub. L. No. 113-93], including, as more explicitly provided …

1. The certified clinic shall ensure all certified community behavioral health clinic services, including those supplied by its designated collaborating organizations, are provided in a manner aligned with the requirements of section 2402(a) of the federal Patient Protection and …

1. The certified clinic shall directly, or by a designated collaborating organization, provide robust and timely crisis behavioral health services. The available crisis behavioral health services must include: a. Crisis intervention services through coordination with the 988 suic…

1. The certified clinic shall directly provide screenings, assessments, and diagnoses, including risk assessments for behavioral health conditions, to individuals. If specialized services outside the expertise of the certified clinic are required for purposes of screening, assess…

1. The certified clinic directly shall provide person-centered and family-centered treatment planning, including risk assessment and crisis planning. 2. The certified clinic shall develop an individualized treatment plan based on information obtained through the comprehensive eva…

1. The certified clinic directly, or through a designated collaborating organization, shall provide outpatient behavioral health care. 2. The certified clinic directly, or through a designated collaborating organization, shall provide evidence-based services using best practices …

1. The certified clinic shall provide the following evidence-based practices: a. Motivational interviewing; b. Cognitive behavioral therapy; c. Trauma-focused cognitive behavioral therapy; d. Long-acting injectable medications and other effective but underutilized medications to …

1. The certified clinic is responsible for outpatient primary care screening and monitoring of key health indicators and health risk. Whether directly provided by the certified clinic or through a designated collaborating organization, the certified clinic shall ensure these serv…

1. The certified clinic is responsible for providing directly, or through a designated collaborating organization, targeted case management services that must assist individuals in sustaining recovery and gaining access to needed medical, social, legal, educational, housing, voca…

1. The certified clinic is responsible for providing directly, or through a designated collaborating organization, evidence-based psychiatric rehabilitation services for behavioral health disorders. 2. Psychiatric rehabilitative services must include services and supports that: a…

1. The certified clinic is responsible for providing directly, or through a designated collaborating organization, peer supports, including peer support specialist and parent and caregiver peer supports. 2. The certified clinic shall provide peer support and parent and caregiver …

forces and veterans. 1. The certified clinic is responsible for providing directly, or through a designated collaborating organization, intensive and community-based behavioral health care for certain members of the United States armed forces and veterans, particularly armed forc…

1. The certified clinic shall collect, report, and track encounter, outcome, and quality data, including data regarding: a. Characteristics of individuals; b. Staffing; c. Access to services; d. Use of services; e. Screening, prevention, and treatment; f. Care coordination; 29 g.…

1. In order to maintain a continuous focus on quality improvement, the certified clinic shall develop, implement, and maintain an effective, certified clinicwide continuous quality improvement plan for the services provided. The continuous quality improvement plan must focus on i…

1. If the certified clinic is not operated under the authority of the Indian health service, an Indian tribe, or tribal or urban Indian organization, the certified clinic shall reach out to such entities within the certified clinic's service area and offer to enter into arrangeme…

1. Governance of the certified clinic must be informed by representatives of the individuals being served by the certified clinic in terms of demographic factors such as geographic area, sex, disability, and age, and in terms of health and behavioral health needs. Members of the …

1. The certified clinic shall maintain enrollment as a Medicaid provider and adhere to applicable state certification, licensing, and national accreditation requirements. 2. The certified clinic is required to participate in the North Dakota mental health directory and the substa…

1. The formal relationship between a certified clinic and a designated collaborating organization must create a platform for seamlessly integrated services delivered across providers under the umbrella of a certified clinic. 2. A designated collaborating organization agreement mu…

In this chapter, unless the context or subject matter requires otherwise: 1. "Accreditation" means accredited by a department-approved national organization of a licensee's compliance with a set of specified standards. 2. "Applicant" means an entity that has requested licensure f…

1. No individual, association of individuals, partnership, limited liability company, or corporation shall offer or provide a service or own, manage, or operate a facility offering or providing a service to more than two individuals with developmental disabilities without first h…

1. An applicant shall submit an application for a license to provide services or operate a facility to the department in the form and manner prescribed by the department. 2. An application is not complete until all required information and verifications are submitted to the depar…

A license issued pursuant to North Dakota Century Code chapter 25-16 and this chapter must be identified as a provisional, unrestricted, or restricted license. 1. A "provisional license" may be issued to an applicant who complies with the rules of the department, North Dakota Cen…

The department may deny a license to an applicant or licensee or revoke an existing license upon a finding of noncompliance with North Dakota Century Code chapter 25-01.2 or 25-16 or the rules of the department. 1. If the department denies a license, the applicant or licensee may…

Repealed effective January 1, 2025.

1. Each member of the governing body of the applicant, the chief executive officer, and any employees, volunteers, or agents who receive and disburse funds on behalf of the governing body, or who provide any direct service to eligible individuals, shall disclose to the department…

licensee. 1. A licensee may not employ in any capacity that involves or permits contact between the employee or volunteer and any individual cared for by the licensee, an individual who is known to have been found guilty of, pled guilty to, or pled no contest to: a. An offense de…

Repealed effective January 1, 2025.

Repealed effective January 1, 2025.

Repealed effective January 1, 2025.

Repealed effective January 1, 2025.

Repealed effective January 1, 2025.

Repealed effective January 1, 2025.

Repealed effective January 1, 2025.

The department may not recognize or approve the activities of unlicensed entities in securing public funds from the United States, North Dakota, or any of its political subdivisions. The department may not purchase any service from such entities. History: Effective April 1, 1982;…

Upon a determination that activities subject to licensure are occurring or have occurred, the department shall notify the parties that the activities are subject to licensure. The notice must include a 9 citation of the applicable provisions of these rules, an application for a l…

The department herein adopts and makes a part of this chapter for all licensees the current standards used for accreditation, additionally, for intermediate care facilities for individuals with intellectual disabilities, standards for certification under title 42, Code of Federal…

The licensee, at the request of the department, shall submit copies of reports generated by the accreditation process. History: Effective April 1, 1982; amended effective June 1, 1986; January 1, 2025. General Authority: NDCC 25-01.2-18, 25-16-06, 50-06-16 Law Implemented: NDCC 2…

1. Developmental disability services provided to eligible individuals must be identified and licensed by the following titles: a. Residential services: (1) Residential habilitation; or (2) Independent habilitation; b. Day habilitation; c. Intermediate care facility for individual…

Repealed effective June 1, 1986.

Repealed effective June 1, 1986.

1. Applicants shall submit, in a manner prescribed by the department, evidence that policies and procedures approved by the governing body are written and implemented in a manner which: a. Guarantees each eligible individual a person-centered service plan pursuant to the provisio…

Licensees paying subminimum wages for work performed shall submit to the department a true, correct, and current copy of a certificate from the United States department of labor authorizing the payment of subminimum wages. History: Effective December 1, 1995; amended effective Ja…

1. Licensees shall implement policies and procedures to assure incidents of alleged abuse, neglect, exploitation, and restraints: a. Are reported to the governing body, chief executive officer or designee of the licensee, authorized representative, advocate, and the protection an…