North Dakota Administrative Code

1. The hospice program must designate interdisciplinary groups composed of individuals who provide or supervise the care and services offered by the hospice program. 2. The following individuals must be members of the interdisciplinary group or hospice program care team: a. Patie…

1. Admission criteria must be clearly defined in the hospice program policies. Decisions regarding admission must be made by the hospice care team. 2. Admission to the hospice program must be by request of the patient. If the attending physician certifies that the patient is unab…

1. After an initial assessment of patient and family needs, a written plan of care must be established by the hospice care team for each patient and family admitted to the hospice program. a. At least a registered nurse or physician shall conduct an initial assessment of each pat…

1. The hospice program must keep accurate, current, and confidential records of all hospice patients and their families. The hospice program must safeguard the medical record against loss, destruction, and unauthorized use. Overall responsibility for medical records must be assig…

1. Each hospice program must develop, adopt, implement, and make available for public review a statement of the rights and responsibilities of hospice patients and members of the hospice patient's family. This statement must be provided to the patient or family member designated …

Each hospice program must conduct a comprehensive self-assessment of the quality and appropriateness of care provided to the patient and family in the home and inpatient services. 1. The governing body shall delegate in writing responsibilities for implementation and maintenance …

1. The hospice program must appoint a utilization review committee whose responsibilities are to provide an ongoing evaluation and review of the hospice program and to make recommendations to the administrator who shall report findings and recommendations to the governing body on…

As used in this article, except as otherwise specifically provided or where the context indicates otherwise: 1. "Committee" means the health care data committee established in accordance with North Dakota Century Code chapter 23-01.1. 2. "Comprehensive health association of North…

The committee may require data suppliers and agencies of state government to provide certain data and information. 1. The committee shall establish uniform formats for the different types of data for use by data suppliers in providing hospitalization data, health professional dat…

Prior to publication of any reports required by statute, the committee shall allow data suppliers and providers an opportunity to review the data to be published and comment. Data reports and analyses which are to be made available to the general public and which identify specifi…

physician directory. Repealed effective October 1, 1992.

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…