Title 50, Public Welfare

1. Except as provided in subsection 2: a. A child, for whom this state has agreed under the terms of an adoption assistance agreement to provide medical assistance, is eligible for medical assistance in this state during the entire period for which the agreement is in effect and …

1. The commissioner of the department or commissioner's designee shall: a. Execute one or more interstate compacts on behalf of this state, not inconsistent with this chapter, to implement the purposes of this chapter; and b. Designate a compact administrator and a deputy compact…

1. This state's joinder of the compact is effective upon execution of the compact by the commissioner of the department or commissioner's designee. 2. The compact may be joined by any state. 3. This state may withdraw from the compact only by written notice sent to the appropriat…

As used in this chapter: 1. "Children eligible for medical assistance" means the population eligible for Medicaid before the expansion of medical assistance as authorized by the federal Patient Protection and Affordable Care Act [Pub. L. 111-148], as amended by the Health Care an…

1. The department shall: a. Prepare, submit, and implement the plan that includes determinations of eligibility, based on modified adjusted gross income methodologies as required in section 1396a(e)(14) of the United States Code; b. Supervise the administration of the children's …

In the administration of the plan, the human service zone shall investigate and record the circumstances of each applicant or recipient of assistance, in order to ascertain the facts supporting the application, or the granting of assistance, and obtain such other information as m…

The plan: 1. Must be consistent with coverage provided to children eligible for medical assistance in the state; and 2. Must provide: a. A modified adjusted gross income eligibility limit of two hundred five percent of the poverty line; and b. Current eligibility may be establish…

Health assistance provided under this chapter is not an entitlement. A person does not have a property interest in any health assistance sought or provided under this chapter. If the department estimates that available funds are insufficient to allow participation by additional a…

For purposes of this chapter: 1. "Basic care facility" has the meaning provided in section 23-09.3-01. 2. "Department" means the department of health and human services. 3. "Medical assistance" means a program established under title XIX of the Social Security Act [42 U.S.C. 1396…

1. There is created in the state treasury a special fund known as the North Dakota health care trust fund. The fund consists of revenue received from government nursing facilities for remittance to the fund under former section 50-24.4-30. The department shall administer the fund…

1. The department may approve loans from the long-term care facility loan fund established under chapter 6-09.16 for renovation projects involving a nursing facility, basic care facility, or assisted living facility. 2. An approved loan for any project may not exceed one million …

1. "Department" means the department of health and human services. 2. "Medication unit" means a facility established as part of, but geographically separate from, an opioid treatment program, from which a licensed practitioner dispenses or administers an opioid treatment medicati…

A person, partnership, association, corporation, or limited liability company without a license may not establish, conduct, or maintain in this state a substance use disorder treatment program for the care of persons addicted to alcohol or other drugs. The department, in accordan…

A person, partnership, association, corporation, or limited liability company desiring a license shall file with the department a verified application containing the name of the applicant, the type of institution to be operated, the location, the name of the individual or individ…

An applicant for licensure under this chapter shall submit a one hundred fifty dollar nonrefundable fee with the application. The department shall adopt rules as necessary to implement this section. All fees collected under this section must be paid to the department and must be …

Every licensed substance use disorder treatment program shall obtain and provide to the department a local or state authority certification as to the safety of the premises. The department shall evaluate every licensed substance use disorder treatment program according to the rul…

1. The department may issue licenses to operate substance use disorder treatment programs, for a period of three years, which are found to comply with the provisions of this chapter and rules adopted by the department. 2. The department may suspend or revoke a license if a progra…

Client records and client information that are protected under title 42, Code of Federal Regulations, part 2, the Health Insurance Portability and Accountability Act of 1996 [Pub. L. 104- 191; 110 Stat. 1936; 29 U.S.C. 1181 et seq.], or are specifically excluded from disclosure b…

The behavioral health division of the department is designated as the state opioid treatment authority.

1. To operate in this state, an opioid treatment program must be granted a license from the department, certification from the United States department of health and human services substance abuse and mental health services administration, and registration from the United States …

1. A medication unit may not operate in this state, unless the unit operates under the license of an opioid treatment program and holds: a. A separate registration from the United States department of justice drug enforcement administration; and b. A medication unit license under…

In this chapter, unless the context otherwise requires: 1. "Assisted living facility" means a building or structure containing a series of at least five living units operated as one entity to provide services for five or more individuals who are not related by blood, marriage, or…

1. An entity may not keep, operate, conduct, manage, or maintain an assisted living facility or use the term "assisted living" in its advertising unless it is licensed by the department. 2. An assisted living facility shall pay to the department an annual license fee of seventy-f…

1. An assisted living facility that possessed a valid license issued by the department before August 1, 2005, may not be subsequently denied a license by the department merely due to failure to meet the requirements of sections 23-09-01, 50-32-01, and 50-32-02 provided that the a…

The department shall: 1. Take action and give directions necessary to implement this chapter. 2. Establish a method to receive complaints related to assisted living facilities and to forward the complaints to the appropriate agency for investigation. 3. Establish rules governing …

1. An entity may provide health services to individuals residing in an assisted living facility owned or operated by that entity. For purposes of this subsection, health services means services provided to an individual for the purpose of preventing disease and promoting, maintai…

1. Each assisted living facility must have clear, concise, and understandable tenancy criteria that is fully disclosed to all tenants, in writing, before the tenancy agreement is signed. Before a facility unit is rented, the facility or landlord shall evaluate the tenant's abilit…

For the purposes of this chapter: 1. "Allowable activities" means paid work, job search, attending job training or an education program, any activity in the job opportunity and basic skills program, transportation time related to the activities, temporary illness or incapacity of…

1. An individual desiring child care assistance or an individual seeking assistance on behalf of another individual may apply for child care assistance. An applicant shall submit a request for child care assistance in writing to a human service zone on a form prescribed by the de…

1. The department shall pay child care costs required as a result of participation in allowable activities by the eligible caretaker in a temporary assistance for needy families household or diversion assistance household. The department shall pay a portion of child care costs re…

A caretaker, temporarily living apart from the remaining members of the child care assistance unit due to employment, education, training, medical care, incarceration, or uniformed service, is not considered absent from the home as long as the caretaker continues to function as c…

Only child care assistance units physically residing within the boundaries of the state are eligible for child care assistance, unless the individual is employed by an early childhood program within the boundaries of the state and the individual has been approved for the state's …

1. The department may approve a relative provider to provide care for specific children within a specified county. The department shall provide an approved relative provider with a provider identification number. An approved relative provider may provide care for no more than fiv…

1. The sliding fee schedule established by the department for inclusion within the child care and development fund state plan to determine eligibility, benefit levels, and the portion of the allowable child care cost that may be paid as a benefit under this chapter, must not: a. …

No benefits under this chapter may be provided to an in-home provider or for a child receiving in-home child care unless: 1. A health professional provides written documentation demonstrating to the department's satisfaction that the child's health would be at risk if taken to an…

As used in this chapter, unless the context otherwise requires: 1. "Department" means the department of health and human services. 2. "Director" means the commissioner of the department or the commissioner's designee. 3. "Direct costs" means costs that are charged directly to the…

1. The department shall administer a statewide program for state funding of staffing and administrative costs related to the administration of human services. 2. Payments must be distributed to human service zones and the department pursuant to section 50-35-04, with the first pa…

1. The director shall calculate the total payment for each human service zone pursuant to section 50-35-04 for each calendar year. The director shall notify each human service zone of the estimated amount of that zone's payment for calendar year 2021 and the following years there…

1. The director shall calculate, in collaboration with the human service zone director or designee, the total payment for each human service zone. The calculation must be based on the human service zone's most recently available data on historical cost and income, and may include…

1. Each human service zone in this state shall maintain a fund to be known as the human service zone human services fund. All expenditures, excluding indirect costs payments, by the human service zone for human services must be paid from the human service zone human services fund…

1. The county treasurer shall transfer the full amount of the service area human services fund to the human service zone human services fund on January 1, 2020. If on January 1, 2021, and each year thereafter, the balance of a human service zone human services fund exceeds the li…

The human service finance fund is a special fund in the state treasury. Moneys in the fund may be used, subject to legislative appropriation, for the provision of payments to human service zones and payments to the department pursuant to this chapter.

As used in this chapter: 1. "Committee" means the opioid settlement advisory committee. 2. "Department" means the department of health and human services. 3. "Fund" means the opioid settlement fund. 4. "Opioid litigation" means statewide opioid settlement agreements, judgments, o…

There is created in the state treasury an opioid settlement fund. Moneys recovered by the state as a result of opioid litigation must be deposited in the fund. Moneys recovered by a political subdivision as a result of opioid litigation may be deposited in the fund. The state inv…

1. The committee is composed of: a. One member of the North Dakota association of counties appointed by the chairman of the legislative management, who shall serve a term of two years. b. One member of the North Dakota league of cities appointed by the chairman of the legislative…

1. The department shall develop a process for receiving and evaluating spending recommendations of the committee. 2. Annually, each political subdivision that recovers and retains moneys as a result of opioid litigation shall submit to the department a report detailing the decisi…