North Dakota Administrative Code

Individual patient confidentiality shall be protected. 1. The committee shall adopt such procedures as it finds necessary for the protection of patient confidentiality provided that in no case shall data that specifically identify a patient by name or that could be used to identi…

The committee shall make certain information available to the public, providers, data suppliers, researchers, and state agencies. 4 1. The committee shall direct and the department shall produce an annual report comparing the cost of hospitalization by hospital and for those diag…

All data reported to the committee in response to the committee's requests for necessary data must be maintained for five years. A diagnosis-specific subset of the hospitalization claims data set (UB-92) andhealth professional claims data set (HCFA-1500 or data set from other for…

1. The committee shall maintain memoranda of understanding with the department of human services, the workers compensation bureau, the public employees retirement system, the office of the commissioner of insurance, and any other state agency which the committee deems to have acc…

None of the data files may be copied and resold in the form they were received by the requester for any amount greater than the reasonable cost of making a copy of the data file. However, a requester may sell reports derived or created from a data file, if the requester has made …

Failure of a data supplier to respond to a request for data as set forth in this chapter shall constitute a violation subject to a civil penalty not to exceed five hundred dollars per day of violation. Procedures for the determination of a violation, assessment, and appeal of a p…

1. "Abuse" includes the willful infliction of mental, physical, sexual, and verbal abuse which could result in temporary or permanent mental, physical, emotional, or psychological injury or harm. Mental abuse includes humiliation, harassment, intimidation, threats of punishment, …

Repealed effective October 1, 1998.

A facility meeting the definition of a basic care facility as outlined in North Dakota Century Code chapter 23-09.3, North Dakota Administrative Code chapter 33-03-24.2, and this chapter must obtain a license from the department in order to operate in North Dakota. 1. Application…

The department may waive licensure requirements for specified periods of time in specific instances, provided compliance with the requirement would result in an unreasonable hardship upon the facility and lack of compliance does not adversely affect the health or safety of the re…

1. A basic care facility must submit a plan of correction within ten days of receipt of the notification of deficiencies pursuant to this chapter. 2. The plan of correction must address how each deficiency will be corrected, what the facility will put in place to assure continued…

1. Facilities are subject to one or more enforcement actions, which include a ban or limitation on admissions, suspension or revocation of a license, or a denial to license, for the following reasons: a. Noncompliance with the requirements of this chapter or chapter 33-03-24.2 ha…

The facility has the right to request a reconsideration of decisions resulting in enforcement actions. 1. A written request for a reconsideration must be filed with the department within ten days of the date the department notified the facility in writing of the decision to initi…

1. A facility dissatisfied with the decision on a request for reconsideration, which conforms to the requirements of subsection 4 of section 33-03-24.1-07, may appeal. An appeal may be initiated by mailing or delivering the information described in subdivisions a through d to the…

1. The governing body is legally responsible for the quality of resident services; for resident health, safety, and security; and to ensure the overall operation of the facility is in compliance with all applicable federal, state, and local laws. 2. The governing body is responsi…

The fire safety provisions located in section 33-03-24.2-08 apply to this chapter. History: Effective January 1, 1995; amended effective July 1, 1996; October 1, 1998; July 1, 2015. General Authority: NDCC 23-09.3-19 Law Implemented: NDCC 18-01-03.2, 23-09.3-09

1. The facility shall design, implement, and document educational programs to orient new employees and develop and improve employees' skills to carry out their job responsibilities. 2. On an annual basis, all employees shall receive inservice training in at least the following: a…

1. An assessment is required for each resident within fourteen days of admission and as determined by an appropriately licensed professional thereafter, but no less frequently than quarterly. 2. The assessment must be completed in writing by an appropriately licensed professional…

1. The facility shall provide for secure maintenance and storage of all resident records. 2. Resident records must include: a. The resident's name, social security number, marital status, age, sex, previous address, religion, personal licensed health care practitioner, dentist, a…

The facility shall provide personal care services to assist the resident to attain and maintain their highest level of functioning consistent with the resident assessments and care plans. These services must include assistance with: 1. Activities of daily living and instrumental …

1. The facility shall provide assistance to the resident in obtaining necessary medications and medical supplies. 2. The facility shall provide a secure area for medication storage consistent with chapter 61-03-02. a. A specific system must be identified for the accountability of…

Social services must be available to meet the needs of the residents either by the facility directly or arranged by the facility through an appropriate agency offering social services. History: Effective January 1, 1995. General Authority: NDCC 23-09.3-09, 28-32-02(1) Law Impleme…

Nursing services must be available to meet the needs of the residents either by the facility directly or arranged by the facility through an appropriate individual or agency providing nursing services. History: Effective January 1, 1995. General Authority: NDCC 23-09.3-09, 28-32-…

The facility must meet the dietary needs of the residents and provide dietary services in conformance with the North Dakota sanitary requirements for food establishments. Dietary services must include: 12 1. A minimum of three meals each day. Meals must be nutritious and well-bal…

There must be a planned and meaningful activity program to meet the needs and interests of the residents and encourage self-care and continuity of normal activities. This program must: 1. Be developed based on the activity needs and interests of each resident identified through t…

The facility shall maintain the interior and exterior of the facility in a safe, clean, and orderly manner and provide sanitary laundry services, including personal laundry services, for residents. History: Effective January 1, 1995. 13 General Authority: NDCC 23-09.3-09, 28-32-0…

1. A facility must obtain approval from the department to provide adult day care services. 2. Use of existing space and equipment to deliver adult day care services is acceptable if this does not diminish the services provided to the residents of the facility and their needs bein…

Repealed effective July 1, 2015.

A facility that retains residents who require end-of-life care continues to be responsible for the care and services of all residents, must comply with the requirements of this section, and apply on basic care application form and indicate a change in services provided. 1. A faci…

injury facility or unit services. A basic care facility or unit that admits or retains only residents with Alzheimer's, dementia, or special memory care needs in a secured or unsecured facility or unit, or a facility that admits and retains only residents with traumatic brain inj…

The definitions located in section 33-03-24.1-01 apply to this chapter. History: Effective July 1, 2015. General Authority: NDCC 23-09.3-09, 28-32-02 Law Implemented: NDCC 23-09.3-09

The waiver provision located in section 33-03-24.1-04 applies to this chapter. History: Effective July 1, 2015. General Authority: NDCC 23-09.3-09, 28-32-02 Law Implemented: NDCC 23-09.3-09

The provisions located in section 33-03-24.1-03 apply to this chapter. History: Effective July 1, 2015. General Authority: NDCC 23-09.3-09, 28-32-02 Law Implemented: NDCC 23-09.3-04, 23-09.3-05

The provisions located in section 33-03-24.1-03 apply to this chapter. History: Effective July 1, 2015. General Authority: NDCC 23-09.3-09, 28-32-02 Law Implemented: NDCC 23-09.3-09

1. Sufficient information on the design of other types of facilities physically attached to the basic care facility must be submitted to the department so as to determine that safety from fire and the adequacy of the spaces and services of the facility are not compromised. 2. Occ…

1. A facility shall contact the department prior to any substantial changes in or alterations to any portion of the structure to determine to what extent it is subject to review. A substantial change includes alterations affecting the fire safety or structural integrity of the bu…

1. A basic care facility must be designed, constructed, equipped, maintained, and operated in compliance with: a. This chapter; b. The Guidelines for Residential Health, Care and Support Facilities, 2014 edition, compiled by the facility guidelines institute; c. The national fire…

1. The basic care facility shall comply with the national fire protection association Life Safety Code, 2012 edition, chapters 32 and 33, residential board and care occupancy, slow evacuation capability, or a greater level of fire safety. 2. Fire drills must be held monthly with …

The basic care facility must be operated in conformance with all state and local laws, rules, and ordinances concerning fire safety and sanitation. 3 1. Lounge and activity space must be provided at a minimum of fifteen square feet [1.39 square meters] per licensed bed for recrea…

1. "Alternative health care services pilot project" means any health care service subject to licensure or certification by the department in which the state health council must waive any existing North Dakota law or rule in order for the project to be developed or operated. This …

The term of the project must begin on the date of the council's initial approval. Any project approved by the council must be for a term of up to one year with renewals for a maximum term of five years. History: Effective December 1, 1991. General Authority: NDCC 23-01-04.3 Law I…

1. Forms for applying as a pilot project must be available from the department. Completed applications must be submitted to the department. 2. The department shall review the application within sixty days of its receipt. The review must evaluate the project for compliance with se…

Criteria to be considered must include: 1. The number of people who will be served. 2. The size of the geographical area, its location, and its designation as a health professional shortage area. 3. Evidence that the project will contain the cost of health care and provide a high…

1. Unless waived by the council, a pilot project must be in compliance with all state laws and rules. 2. Each pilot project must maintain safety and quality associated with the provision of health care services. 3. Personnel operating or providing health services must be competen…

As a condition of approval, the applicant must agree to report at least quarterly to the department and provide information specified by the council and department. History: Effective December 1, 1991. General Authority: NDCC 23-01-04.3 Law Implemented: NDCC 23-01-04.3

The department shall conduct an onsite review following initiation of the pilot project and at least one annual unannounced onsite review to evaluate the pilot project. Based on the onsite reviews and other information, the department shall provide an annual report to the council…

The council shall provide a written report of its findings concerning each pilot project and will make recommendations to the next legislative assembly concerning any necessary changes in North Dakota statutes. History: Effective December 1, 1991. General Authority: NDCC 23-01-04…

Any project may be terminated at any time by the council or at the request of the legal agent of the project. The council may base its decision upon evidence that people have been or will be harmed by further operation or use of the pilot project, upon evidence that the project i…

Prior to the end of each biennium, the state health officer shall use the following procedure to select the private nonprofit patient-oriented organization incorporated in North Dakota which will administer grant moneys distributed from the organ transplant support fund provided …

The entity selected as the private nonprofit patient-oriented organization incorporated in North Dakota for administration of grants from the organ transplant support fund must be selected based upon the following: 1. Whether the organization meets the requirements of section 1 o…