Title 50, Public Welfare

The department shall reinspect or review an early childhood program or holder of a self-declaration that was issued a correction order under section 50-11.1-07.2, at the end of the period allowed for correction. If, upon reinspection or review, the department determines the progr…

If the department issues a notice of noncompliance with a correction order to an early childhood program or holder of a self-declaration, the department shall assess fiscal sanctions in accordance with a schedule of fiscal sanctions established by rules adopted by the department …

A licensee or holder of a self-declaration promptly shall notify the department in writing if a violation noted in a notice of noncompliance is corrected. Upon receipt of written notice by the department, the daily fiscal sanction assessed for the violation must stop accruing. Th…

Fiscal sanctions assessed pursuant to this chapter are payable twenty days upon mailing or fifteen days upon electronic transmission of the notice of noncompliance and at fifteen-day intervals thereafter, as the fiscal sanctions accrue. Recovery of an assessed fiscal sanction mus…

Any fiscal sanction which is collected for any violation of this chapter or of rules adopted pursuant to this chapter must be paid into the state treasury for the general fund, after the costs of recovering the fiscal sanction are deducted therefrom.

1. The department may: a. Suspend a license, self-declaration, or registration document at any time after the onset of a child abuse and neglect assessment alleging the owner or staff, the holder of a self-declaration, or the in-home provider: (1) Committed child abuse, including…

The department may: 1. Establish reasonable minimum standards for the operation of early childhood programs, self-declaration, and the registration of in-home providers. In appropriate circumstances and upon good cause shown, specific minimum standards may be substituted by alter…

1. The department may revoke the license, self-declaration, or registration document of any provider upon proper showing of any of the following: a. Any of the applicable conditions set forth in sections 50-11.1-04, 50-11.1-06, and section 50-11.1-17 as prerequisites for the issu…

Before the department may deny any application for a license, four-year old program approval, self-declaration, or registration document under this chapter or before the department may revoke any license, four-year old program approval, self-declaration, or registration document,…

No agency of state or local government may purchase early childhood services, including care provided by or in the home of a relative, unless the early childhood program is licensed, registered, or approved by the department.

1. The department may make grants to public and private nonprofit entities for the planning, establishment, expansion, improvement, or operation of early childhood services. Public or private nonprofit entities may apply to the department for funding. Applicants shall apply for g…

The department may seek injunctive action against an individual who provides early childhood services for which licensure is required, a licensee, holder of a self-declaration, or in-home provider in the district court through proceedings instituted by the attorney general on beh…

Any person, partnership, firm, corporation, limited liability company, association, or organization who violates any of the provisions of this chapter is guilty of a class B misdemeanor.

1. An individual who provides early childhood services to any child, other than a child who is a member of that individual's household, is guilty of a class B misdemeanor if: a. Those services are provided after that individual is required to register as a sexual offender; b. The…

1. The department may establish a statewide system to build systematic early childhood workforce voluntary training which may include various learning formats, a professional registry, certificates, and specializations. 2. The department may charge reasonable fees for all trainin…

1. The department shall provide voluntary, progressive training opportunities leading to credentials and shall provide supports for the early childhood workforce. The department shall implement a registry to track workforce participation. 2. The department shall implement a volun…

1. The early childhood services advisory board is composed of seven members appointed by the commissioner of the department. The members of the board must include a broad-based geographically distributed membership. The term of office is four years expiring on July thirty-first w…

1. a. An application for self-declaration is voluntary. If an individual applies for self-declaration from the department, the department shall determine whether the standards for self-declaration have been met and shall approve or deny a self-declaration based upon that determin…

1. Applications for self-declarations must be made on forms provided and in the manner prescribed by the department. The department shall investigate the applicant and every individual living in the private residence and shall conduct a background check. The department shall cond…

1. The department may establish an early childhood inclusion support services program for providers that provide care for children with disabilities, special needs, or developmental delays. The early childhood inclusion support services program may offer direct payments and techn…

If an early childhood program under this chapter has sufficient indoor recreation space, the department may not require outdoor play space.

1. A person or school district operating or seeking to operate a four-year old program may request approval for a two-year period of the four-year old program from the department. The department shall approve a four-year old program if the program: a. Is taught by individuals lic…

1. A program deemed eligible under section 50-11.1-23 may submit an application for the best in class program. An approved program is eligible for an annual award based on program characteristics as established by the department, including approved group size. The award must be m…

1. An approved four-year old program, federally funded head start program, or early childhood program may submit, in the form and manner prescribed by the department, an application to the department under section 50-11.1-22, if the provider certifies to the department the provid…

The department shall implement a uniform system for the accounting, budgeting, and reporting of data by any approved best in class program to whom or to which direct payments are distributed under section 50-11.1-23. Awarded funds may be withheld or forfeited, in whole or in part…

1. Before appointment as a legal guardian under chapter 27-20.1, the individual to be appointed legal guardian must be subject to an assessment that includes the result of a criminal history record investigation made under this section. In addition, any adult living in the househ…

1. An individual may not be licensed or approved as a foster parent or treated as having a home suitable for the adoption of any child other than the individual's stepchild and a foster care facility that employs or houses an individual may not be licensed or approved, if the ind…

As used in this chapter, unless the context otherwise requires: 1. "Department" means the department of health and human services. 2. "Medical assistance" means benefits paid under chapter 50-24.1 and title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]. 3. "Third party"…

The purpose of this chapter is to provide medical care and services to persons whose income and resources are insufficient to meet such costs, and further to provide preventive, rehabilitative, and other services to help families and individuals to retain or attain capability for…

The department may submit state plans and may take such actions as are reasonably necessary to administer programs under its supervision, including the issuance of policy manuals, forms, and program directives. The department may publish dashboards that demonstrate program utiliz…

1. The department shall take any action necessary to comply with the requirements of section 1919(h) of the federal Social Security Act [42 U.S.C. 1396r(h)], including establishing a process to enforce compliance by nursing facilities with requirements for participation in the me…

The department may not require prior authorization, additional documentation not required by Medicare, or additional prescription requirements of durable medical equipment and supplies in order to process a claim for Medicaid-eligible individuals who are also eligible for Medicar…

Within the limits of legislative appropriations, medical assistance may be paid for any person who either has income and resources insufficient to meet the costs of necessary medical care and services or is eligible for or receiving financial assistance under chapter 50-09 or tit…

1. Each applicant or recipient of benefits under this chapter must be deemed to have assigned, to the department, any right of recovery the applicant or recipient may have for medical costs incurred under this chapter not exceeding the amount of funds expended by the department f…

For purposes of determining the treatment of income and the application of income to the cost of care for medical assistance eligibility for an individual screened as requiring nursing care services, and who is receiving home and community-based services or nursing care services,…

In determining eligibility for medical assistance applicants and recipients, the department shall establish a community spouse resource allowance equal to the maximum community spouse resource allowance as provided by 42 U.S.C. 1396r-5(f)(2). This section applies to a community s…

1. In determining eligibility for medical assistance, the department may not consider as an available resource any pre-need funeral service contracts, prepayments, or deposits to a fund which are placed in an irrevocable itemized funeral contract designated by the applicant or re…

The department may not consider, as an available asset for purposes of determining eligibility for benefits under this chapter, income and resources set aside by a blind or disabled person as part of a plan to achieve self-support, if the plan has been approved by the social secu…

1. An individual who secures and maintains insurance that covers the cost of substantially all necessary medical care, including necessary care in a nursing home and necessary care for an individual who qualifies for admission to a nursing home but receives care elsewhere, for at…

1. The department shall provide medical assistance benefits to otherwise eligible persons who are medically needy persons who have countable income that does not exceed an amount determined under subsection 2. 2. The department shall establish an income level for medically needy …

The department shall establish and implement a buyin program to provide medical assistance to an individual who, except for substantial gainful activity, meets the definition of disabled under the supplemental security income program under title XVI of the federal Social Security…

1. For purposes of this section, "annuity" means a policy, certificate, contract, or other arrangement between two or more parties under which one party pays money or other valuable consideration to the other party in return for the right to receive payments in the future. 2. The…

In the administration of the medical assistance program, the department or a 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, …

1. In the investigation of applications under the provisions of this chapter, the human service zones, the department, and the officials and employees of such agencies charged with the administration and enforcement of this chapter may: a. Conduct examinations; b. Require the att…

1. When the department determines a criminal history record check is appropriate, a provider applicant, a provider, or an individual with a five percent or more direct or indirect ownership interest in the provider applicant or provider shall secure, from any agency authorized to…

The department may adopt rules and regulations as necessary to qualify for any federal funds available under this chapter.