North Dakota Administrative Code

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…

The applicant shall submit, in a form or manner prescribed by the department, the following items: 1. A correct and current statement of their articles of incorporation, bylaws, license issued by a local unit of government, partnership agreement, or any other evidence of legal re…

Applicants or licensees occupying buildings, whether owned or leased, shall provide the department with a license or registration certificate properly issued pursuant to North Dakota Century Code chapter 15.1-34 or 50-11 or with: 1. The written report of an authorized fire inspec…

1. Applicant's or licensee's intermediate care facilities for individuals with intellectual disabilities shall meet the provisions of either the health care occupancies chapters or the residential board and care occupancies chapter of the Life Safety Code of the national fire pro…

1. The applicant or licensee shall affirm the right of the department, or designee, to enter any of the buildings or facilities and access to its records to determine compliance with the rules of the department, to facilitate verification of the information submitted with an appl…

Repealed effective January 1, 2025.

Any applicant or licensee which denies the department, or designee, access to a facility or its records, may have its license revoked or its application denied. History: Effective April 1, 1982; amended effective December 1, 1995; April 1, 2018; January 1, 2025. General Authority…

1. Group home facilities shall be small enough and of a modest design, minimizing the length of hallways, the number of exterior corners, and the complexity of construction, to ensure the development of meaningful interpersonal relationships and the provision of proper programmin…

1. Group home facilities must be located at least three hundred feet [91.44 meters] from hazardous areas, including bulk fuel or chemical storage, anhydrous ammonia facilities, or other fire hazards or sources of noxious or odoriferous emissions. 2. Group home facilities may not …

1. Bedrooms in group home facilities must accommodate no more than two individuals. 2. Bedrooms in group home facilities must provide at least eighty square feet [7.43 square meters] per individual in a single occupancy bedroom, and at least sixty square feet [5.57 square meters]…

A kitchen in a group home facility must: 1. Provide sufficient space for participation by both staff and eligible individuals in the preparation of food. 2. Provide appropriate space and equipment, including a two-compartment sink, to adequately serve the food preparation and sto…

1. A bathroom in a group home facility must: a. Be located in places that facilitate maximum self-care by eligible individuals. b. Provide showers, bathtubs, toilets, and lavatories approximating normal patterns found in homes, unless specifically contraindicated by program needs…

1. Laundry space within group home facilities must provide a washer and dryer, storage for laundry supplies, accommodations for ironing, and counterspace for folding clothing and linen. 2. Hot water supplied to clothes washers must be in the range of one hundred thirty-five to on…

1. Group home facilities shall provide free use of space within the living unit, with due regard for privacy, personal possessions, and programs; with limitations of personal areas of supervisory staff. 2. Group home facilities shall provide for an individual to personalize the i…

Repealed effective December 1, 1995. 19

1. Group home facilities for individuals with developmental disabilities shall be located in areas where public or private water supplies approved by the department of environmental quality are available. Approved public water supplies must be used where available. 2. When a priv…

1. Group home facilities for individuals with developmental disabilities shall be located in areas where public or private sewage disposal systems approved by the department of environmental quality are available. Approved public sewage disposal systems must be used, where availa…

There must be written plans and procedures, that are clearly communicated to and periodically reviewed with staff and eligible individuals for meeting emergencies, including fire, serious illness, severe weather, and missing individuals. Applicable requirements of state law and r…

1. Licensees shall secure and maintain insurance and bonds appropriate for the size of the programs, including: a. A blanket fidelity bond equal to not less than ten percent of the total operating costs of the program; b. Property insurance covering all risks at replacement costs…

Upon written application and good cause shown to the satisfaction of the department, the department may grant a variance, to an institutional intermediate care facility for individuals with intellectual disabilities, or group homes, from subsection 1 of section 75-04-01-27, subse…

1. A licensee shall submit and retain all requisite documentation to demonstrate the right to receive payment for all services and supports and comply with all federal and state laws, regulations, and policies necessary to disclose the nature and extent of services provided and a…

An applicant or licensee principal officer may appeal a decision to deny or revoke a license by filing a written appeal with the department. The appeal must be postmarked or received by the department within ten calendar days of the applicant's or licensee's receipt of written no…

In this chapter, unless the context or subject matter requires otherwise: 1. "Accrual basis" means the recording of revenue in the period when it is earned, regardless of when it is collected, and the recording of costs in the period when incurred, regardless of when they are pai…

Provider agencies of service are eligible for payment for the costs of rendered services contingent upon the following: 1. The provider agency, other than a state-owned or state-operated provider agency, is required to hold a current valid license, issued pursuant to the provisio…

Repealed effective June 1, 1995.

Repealed effective June 1, 1995.

Repealed effective June 1, 1995.

Repealed effective June 1, 1995.

Repealed effective June 1, 1995.

1. Records. 6 a. The provider agency shall maintain on the premises the required census records and financial information sufficient to provide for a proper state and federal audit or review. Data must be available for any cost on the statement of costs as of the audit date to fu…

1. The direct care hourly rate and components for each service are issued in a rate matrix established by the department. The components are: a. The direct care hourly rate for intermediate care facilities for individuals with developmental disabilities must include direct care w…

1. An assessment must be completed within ninety days or at the time there are sufficient qualified responders, for a client who has been determined eligible to receive developmental disabilities services and is receiving a service that requires an assessment score to determine p…

The cost centers where direct and indirect costs are allocated on a provider agency's statement of costs may include: 1. Administration. 2. Indirect program support costs. 3. Provider agency shall disclose to the department direct care costs for staff that provide direct care and…

The statement of costs provides for the identification of the allowable expenditures and basic services subject to payment by the department. When costs are incurred solely for a basic service, the costs must be assigned directly to that basic service. When costs are incurred joi…

1. Provider agencies under contract with the department to provide services to individuals with developmental disabilities who provide intermediate care facilities for individuals with intellectual disabilities shall submit a statement of costs to the department by October first …

Nonallowable costs include: 1. Advertising designed to encourage potential clients to select a particular provider agency. 2. Amortization of noncompetitive agreements. 3. Bad debt expense. 4. Barber and beautician services. 5. Basic research. 6. Fees paid to a member of a board …

1. Bad debts for charges incurred in or after July 1, 2005, and fees paid for the collections of those bad debts are allowable only as provided in this section. 2. A bad debt expense must result from nonpayment of the payment rate for an individual who is no longer receiving serv…

Repealed effective April 1, 2018.

1. The principles of payment for provider agency costs require that payment for services include depreciation on depreciable assets that are used to provide allowable services to clients. This includes assets that may have been fully or partially depreciated on the books of the p…

1. In general: a. To be allowable under the program, interest must be: 23 (1) Supported by evidence of an agreement that funds were borrowed and that payment of interest and repayment of the funds are required; (2) Identifiable in the provider agency's accounting records; (3) Rel…

1. Costs applicable to services, facilities, and supplies furnished to a provider agency by a related organization shall not exceed the lower of the cost to the related organization or the reasonable costs of services, facilities, or supplies purchased elsewhere. Provider agencie…

1. A provider agency may lease a facility from a related organization within the meaning of the principles of payment. In such a case, the rent paid to the lessor by the provider agency is not allowable as a cost. Provider agency's rent payments shall not exceed the actual cost o…

1. General. Taxes assessed against the provider agency, in accordance with the levying enactments of the several states and lower levels of government and for which the provider is liable for payment, are allowable costs. Tax costs may not include fines, penalties, or those taxes…

1. Each client is allowed to retain a specific monthly amount of income for personal needs. This monthly allowance is not to be applied toward the client's cost of care. 26 2. Provider agencies managing client funds must maintain a current client account record in a form and mann…

1. Movement of clients between levels of service by a provider agency or between provider agencies must be pursuant to a determination by the person-centered service plan team. Payment for the cost of a new service is contingent upon the timely submission to the department of a p…