Title 50 — Public Welfare

No statute of limitations or similar statute or the doctrine of laches shall bar the right of recovery for fees and expenses under this chapter, but this section does not apply to claims that may be otherwise barred by law prior to July 1, 1961. It is not necessary to bill curren…

Rights existing and vested or instruments executed under sections 50-24-13, 50-24-15, 50-24-30, 50-24-33, 50-24-34, and 50-24-38 prior to July 1, 1979, continue to be effective until their expiration according to their own terms or by force of law. Interest not already collected …

As used in this chapter: 1. "Brain injury" means damage to the brain or the coverings of the brain which produces an altered mental state and results in a decrease in cognitive, behavioral, emotional, or physical functioning. The term does not include an insult of a degenerative …

The department may submit state plans and amendments to state plans, concerning programs administered under this title, to carry out this chapter. The department may seek appropriate waivers of the requirements of federal statutes or regulations as authorized by federal law.

The department may apply for and accept any funds, grants, gifts, or services made available for the purpose of providing or coordinating services to individuals with brain injury by any federal agency or department or any private agency or individual. Funds received by the depar…

The department shall provide outreach services and conduct public awareness efforts regarding the prevention and identification of brain injury.

The department may accept and expend moneys from any public or private source, including federal sources, for any purpose involving brain injuries or the provision of services to individuals with brain injury and their families.

1. The department shall contract with public or private entities for the provision of informal supports to individuals with brain injury. As used in this section, "informal supports" includes information sharing and referral services, peer mentoring, training, facilitation of sup…

The department shall provide or contract for the provision of social and recreational services, including day supports, to individuals with brain injury, if the department determines that available vocational rehabilitative services do not meet the individuals' needs.

The department shall provide or contract for the provision of increased and specialized vocational rehabilitation and consultation to individuals with brain injury who receive case management for personal care services. Services under this section include extended support for ind…

Repealed by S.L. 2025, ch. 479, § 39.

As used in this chapter, unless the context otherwise requires: 1. "Center for independent living" means a consumer-controlled, community-based, cross-disability, nonresidential, private, nonprofit agency that is designed and operated within a local community by individuals with …

A council is established. The council shall adopt bylaws governing operations of the council. The council shall meet at least quarterly.

1. The council shall meet or exceed the requirements of section 796d of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.], including composition and appointment of members. 2. The council may not be established as an entity within a state …

The council shall fulfill the duties as set forth in section 796d of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.] which include developing, monitoring, implementing the state plan for independent living; developing or assisting in the…

Repealed by S.L. 2019, ch. 401, § 9.

1. Under the direction set forth in the state plan for independent living, the director, in cooperation with the council, shall award grants to eligible agencies from funds appropriated for this purpose. 2. In the administration of this section, the designated state entity shall …

1. Each center for independent living that receives assistance under this chapter shall comply with the standards and assurances set out in section 796f-4 of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.] to ensure that all programs and…

From sums appropriated in addition to those allocated for centers for independent living, the designated state entity may allocate funds, pursuant to the state plan for independent living to support the operation of centers for independent living.

The designated state entity: 1. Must be responsible for the establishment and maintenance of a council that meets the requirements of section 796d of the federal Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.]. 2. Shall receive, account for, and dis…

Repealed by S.L. 2017, ch. 331, § 14.

Repealed by S.L. 1997, ch. 404, § 80.

As used in this chapter: 1. "Administrative action" means any action or decision made by an owner, employee, or agent of a long-term care facility, or by a public agency, which affects the provision of services to a resident of a long-term care facility. 2. "Department" means the…

The department shall employ a state long-term care ombudsman and local long-term care ombudsmen as the department determines necessary within the limits of legislative appropriations.

The state long-term care ombudsman shall: 1. Investigate and resolve complaints about administrative actions that may adversely affect or may have adversely affected the health, safety, welfare, or personal or civil rights of individuals in long-term care facilities or individual…

To carry out the powers and duties of this chapter, the state long-term care ombudsman and the ombudsman's authorized agents shall: 1. Have access to all long-term care facilities within the state and shall have private access to any resident within any long-term care facility wi…

Information about the ombudsman program must be posted in a conspicuous place in each long-term care facility, along with how to file a complaint concerning administrative actions which affect any resident and the address where a complaint may be filed. Each resident, the spouse …

Those records and files of the state and local ombudsman, and their authorized agents, which relate to, or identify any resident of a long-term care facility or a complainant, are confidential and may not be disclosed unless: 1. A resident, or a legal guardian or attorney in fact…

In this chapter, unless the context or subject matter otherwise requires: 1. "Authorized electronic recording" means the placement and use of an authorized electronic recording device, by a resident or resident representative, in the resident's room. 2. "Authorized electronic rec…

1. All facilities shall, upon a resident's admission, provide in hand to the resident and a member of the resident's immediate family or the resident representative a statement of the resident's rights during the admission process and while living in the facility. Within thirty d…

The department may adopt rules in accordance with chapter 28-32, consistent with and necessary for the implementation and enforcement of this chapter through the ombudsman program under chapter 50-10.1.

Any facility that violates this chapter may be enjoined by a district court. Actions for injunction under this section may be prosecuted by the attorney general or any state's attorney in the name of the state. Actions for injunction under this section must be prosecuted in the c…

A facility may request that an applicant for admission, a resident of the facility, or the applicant's or resident's legal representative furnish financial information regarding income and assets, including information regarding any transfers or assignments of income or assets. A…

As used in this chapter, unless the context clearly indicates otherwise: 1. "Declaration of disaster or emergency" means a disaster or emergency declared by the governor under chapter 37-17.1. 2. "Department" means the department of health and human services. 3. "Essential caregi…

This chapter does not supersede federal authority regarding long-term care facilities or prevent the department from taking necessary actions to render the state eligible for federal funds or reimbursement services provided in long-term care facilities.

1. The department, working jointly with the state long-term care ombudsman, residents and tenants, families of residents and tenants, and long-term care facility representatives, shall establish basic protocols to allow a resident of a long-term care facility or the resident's de…

A long-term care facility may establish additional safety requirements to protect the residents. The facility may require an essential caregiver to provide personal protective equipment for the essential caregiver and undergo any related training or assume the cost of the persona…

If a long-term care facility suspends access to the long-term care facility for an essential caregiver who violates the protocols established under section 50-10.3-03, the long-term care facility shall allow the resident, or the resident's designated decisionmaker, to immediately…

A long-term care facility, facility employee, or facility contractor that, in good faith, implements or complies with this chapter may not be held civilly liable for damages, including punitive damages, for any act or omission related to the implementation of this chapter. This s…

The purpose of this chapter is to assure that children receiving early childhood services be provided food, shelter, safety, comfort, supervision, and learning experiences commensurate to their age and capabilities, so as to safeguard the health, safety, and development of those …

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Applicant" means the person applying for a license to operate early childhood services as an owner of an early childhood program, self-declaration, or registered in-home provider. 2. "Child care…

1. Except as provided under subsection 2, for the purpose of determining the number of children receiving early childhood services, all children present on the premises and under the age of twelve years must be counted for an in-home, self-declaration, family child care, group ch…

The department shall adopt rules to require a staff member of an early childhood service provider who is responsible for the care or teaching of children under the age of one to annually complete a department approved safe sleep training course. 50-11-02.4. Early childhood servic…

1. A license for family child care is required if early childhood services are provided for four or more children ages twenty-four months and under, or six or seven children through age eleven at any one time which includes no more than three children under twenty-four months of …

Repealed by S.L. 1985, ch. 526, § 18. 50-11.1-05. Operation of family day care home - Registration required - Issuance of registration certificate - Term. Repealed by S.L. 1981, ch. 491, § 19. 50-11.1-06. In-home provider - Registration voluntary - Prerequisites for approval - Is…

1. Upon a determination by the department a criminal history record check is appropriate, the following individuals are to obtain two sets of the individual's fingerprints from a law enforcement agency or other local agency authorized to take fingerprints: a. A provider holding o…

After each inspection or reinspection, the department, by mail or electronic mail, shall send copies of any correction order or notice of noncompliance, to the owner and operator of the early childhood program or holder of a self-declaration.

1. If the department finds, upon inspection, the program, self-declaration, or premises is not in compliance with this chapter or the rules adopted under this chapter, the department may issue a correction order to the licensee or holder of a self-declaration, provided the depart…

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 …