Title 25 — Mental and Physical Illness or Disability
27 chapters · 259 sections in this title.
N.D.C.C. § 25-16-01 Definitions
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In this chapter unless the context or subject matter otherwise requires: 1. "Department" means the department of health and human services. 2. "Developmental disability" has the same meaning as in section 25-01.2-01. 3. "Group home" means any community residential facility housin…
N.D.C.C. § 25-16-02 License required
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The operator of a provider agency for individuals with a developmental disability shall secure annually from the department a license as required by rules adopted under this chapter.
N.D.C.C. § 25-16-03 Requirements for license
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The department shall issue a license for the operation of an agency providing services to individuals with a developmental disability upon a showing that: 1. The premises to be used are safe, sanitary, and properly equipped to provide good care; 2. The persons in charge of the pr…
N.D.C.C. § 25-16-03.1 Conviction not bar to licensure - Exceptions
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Conviction of an offense does not disqualify a person from licensure under this chapter unless the department determines that the offense has a direct bearing upon a person's ability to serve the public as an owner or operator of a provider agency, or that, following conviction o…
N.D.C.C. § 25-16-03.2 Corrective actions
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1. If the department finds the provider agency is not in compliance with this chapter or the rules adopted by the department, the department may notify the provider agency of required corrective actions. 2. The provider agency shall submit a corrective action plan addressing the …
N.D.C.C. § 25-16-04 Inspection and report by department
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The department may inspect the facilities, premises, and records of the applicant or the provider agency to determine whether the provider agency is in compliance with the rules of the department, to facilitate verification of the information submitted with an application for lic…
N.D.C.C. § 25-16-05 Content of license
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The license issued under the provisions of this chapter must specify: 1. The name of the provider agency. 2. The premises to which the license is applicable. 3. The occupancy or service limitations. 4. The date of expiration of the license.
N.D.C.C. § 25-16-06 Department to prescribe forms - Rules
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The department may prescribe forms for the registration and record of an eligible individual and may adopt reasonable rules necessary to carry out the purposes of this chapter.
N.D.C.C. § 25-16-07 Confidential records
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Except as otherwise authorized by law, an agent of the department or the superintendent of the life skills and transition center or the provider agency, their agents, or employees may not disclose the contents of an eligible individual's records, nor of the reports received from …
N.D.C.C. § 25-16-08 Revocation of license
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The department may revoke a license of a provider agency upon a proper showing that: 1. Any of the conditions set forth in section 25-16-03 as requirements for the issuance of the license no longer exists; 2. The license was issued upon fraudulent or untrue representations; 3. Th…
N.D.C.C. § 25-16-09 Hearing on denial or revocation of license
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Before any application for a license is denied or before the revocation of such license by the department, written charges as to the reasons for the revocation or denial must be served upon the applicant or provider agency, who has a right to a hearing before the department, if a…
N.D.C.C. § 25-16-10 Purchase of services
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Repealed by S.L. 2003, ch. 231, § 2.
N.D.C.C. § 25-16-10.1 Maximum annual return on investment
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Repealed by S.L. 2003, ch. 231, § 3. 25-16-11. Funds of state department of human services for purchasing residential care, custody, treatment, and education for developmentally disabled persons. Repealed by S.L. 2001, ch. 259, § 1.
N.D.C.C. § 25-16-12 Efforts to obtain private and governmental grants
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The department and the provider agency may exert all possible efforts to obtain grants, both private and governmental, for the care, custody, treatment, training, and education of individuals with a developmental disability. 25-16-13. Expenses chargeable against eligible individu…
N.D.C.C. § 25-16-14 Group homes for individuals with developmental disabilities - Zoning
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Notwithstanding the provisions in chapter 11-33, 40-47, or 58-03, or any other provisions authorizing any political subdivision to establish or enforce zoning regulations, a licensed group home serving six or fewer individuals with a developmental disability must be considered a …
N.D.C.C. § 25-16-15 Depreciation recapture on the sale of fixed assets
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Repealed by S.L. 2003, ch. 231, § 2.
N.D.C.C. § 25-16-16 Owner compensation for services provided
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Repealed by S.L. 2003, ch. 231, § 3.
N.D.C.C. § 25-16-17 Purchase of services - Host home program
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1. The department may purchase residential care, custody, treatment, training, and education services for individuals with developmental disabilities from a provider agency or a Medicaid-enrolled provider, from funds appropriated for that purpose. 2. The department may establish …
N.D.C.C. § 25-16-18 Federal requirements - Supremacy
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If any provision of this chapter is determined by the United States government to be in conflict with existing or future requirements of the United States government so as to limit or preclude federal financial participation in medical assistance, the department shall comply with…