N.D. Cent. Code § 50-25.1-02 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-02
50-25.1-02. Definitions
Status: in_force

50-25.1-02. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "A person responsible for the child's welfare" means an individual who has

responsibility for the care or supervision of a child and who is the child's parent, an

adult family member of the child, any member of the child's household, the child's

guardian, or the child's foster parent; or an employee of, or any person providing care

for the child in, a child care setting. For the purpose of institutional child abuse or

neglect, "A person responsible for the child's welfare" means an institution that has

responsibility for the care or supervision of a child.

2. "Abused child" means an individual under the age of eighteen years who is suffering

from abuse as defined in section 14-09-22 caused by a person responsible for the

child's welfare, and includes a sexually abused child who is suffering from or was

subjected to any act in violation of sections 12.1-20-01 through 12.1-20-07, sections

12.1-20-11 through 12.1-20-12.3, or chapter 12.1-27.2.

3. "Alcohol misuse" means a pattern of drinking that results in harm to one's health,

interpersonal relationships, or ability to work.

4. "Alternative response assessment" means a child protection response involving

substance exposed infants which is designed to:

a. Provide referral services to and monitor support services for a person responsible

for the child's welfare and the substance exposed infant; and

b. Develop a plan of safe care for the substance exposed infant.

5. "Authorized agent" means the human service zone, unless another entity is

designated by the department.

6. "Child abuse information index" means a categorized registry of subjects of reports

confirmed or confirmed with unknown subjects for child abuse, neglect, or death

resulting from abuse or neglect which are filed pursuant to section 50-25.1-05.2.

7. "Child fatality review panel" means a multidisciplinary team consisting of a

representative of the department and, if possible, a forensic pathologist, a physician, a

representative of the department of health and human services injury prevention, a

representative of the attorney general, a representative of the superintendent of public

instruction, a representative of the department of corrections and rehabilitation, a

peace officer licensed in the state, a mental health professional, a representative of

emergency medical services, a medical services representative from a federally

recognized Indian tribe in this state, one or more representatives of the lay community,

and a designated tribal representative, as an ad hoc member, acting for each federally

recognized Indian tribe in this state. A team member, at the time of selection and while

serving on the panel, must be a staff member of the public or private agency the

member represents or shall serve without remuneration. The child fatality review panel

may not be composed of fewer than three individuals.

8. "Child in need of services" means a child who in any of the following instances is in

need of treatment or rehabilitation:

a. Is habitually and without justification truant from school or absent from school

without an authorized excuse for more than five days during a school year;

b. Is habitually disobedient of the reasonable and lawful commands of the child's

parent, guardian, or other custodian including runaway and is ungovernable or

who is willfully in a situation that is dangerous or injurious to the health, safety, or

morals of the child or others;

c. Except for an offense committed by a minor who is fourteen years of age or older

under subsection 2 of section 12.1-31-03 or an equivalent local ordinance or

resolution, has committed an offense applicable only to a child; or

d. Is under fourteen years of age and has purchased, possessed, smoked, or used

tobacco, a tobacco-related product, an electronic smoking device, or an

alternative nicotine product in violation of subsection 2 of section 12.1-31-03. As

used in this subdivision, "electronic smoking device" and "alternative nicotine

product" have the same meaning as in section 12.1-31-03.

9. "Child protection assessment" means a factfinding process designed to provide

information that enables a determination of whether a child meets the definition of an

abused or neglected child, including instances that may not identify a specific person

responsible for the child's welfare which is responsible for the abuse or neglect.

10. "Children's advocacy center" means an accredited or associate member of the

national children's alliance which assists in the coordination of the investigation in

response to allegations of child abuse by providing a dedicated child-friendly location

at which to conduct forensic interviews, forensic medical examinations, and other

appropriate services and which promotes a comprehensive multidisciplinary team

response to allegations of child abuse. The team response may include forensic

interviews, forensic medical examinations, mental health and related support services,

advocacy, and case review.

11. "Citizen review committee" means a committee appointed by the department to review

the department's provision of child welfare services.

12. "Confirmed" means that upon completion of a child protection assessment, the

department determines, based upon a preponderance of the evidence, that a child

meets the definition of an abused or neglected child, and the department confirms the

identity of a specific person responsible for the child's welfare which is responsible for

the abuse or neglect.

13. "Confirmed with unknown subject" means that upon completion of a child protection

assessment, the department determines, based upon a preponderance of the

evidence, that a child meets the definition of an abused or neglected child, but the

evidence does not confirm the identity of a specific person responsible for the child's

welfare which is responsible for the abuse or neglect.

14. "Department" means the department of health and human services.

15. "Family services assessment" means a child protection services response to reports of

suspected child abuse or neglect in which the child is determined to be at low risk and

safety concerns for the child are not evident according to guidelines developed by the

department.

16. "Impending danger" means a foreseeable state of danger in which a behavior, attitude,

motive, emotion, or situation can be reasonably anticipated to have severe effects on a

child according to criteria developed by the department.

17. "Indicated" means that upon completion of an assessment of a report of institutional

child abuse or neglect, the department determines based upon a preponderance of the

evidence, that a child meets the definition of an abused or neglected child.

18. "Institutional child abuse or neglect" means situations of known or suspected child

abuse or neglect when the institution responsible for the child's welfare is a public or

private school, a residential facility or setting either licensed, certified, or approved by

the department, or a residential facility or setting that receives funding from the

department. For purposes of this subsection, residential facilities and settings excludes

correctional, medical, home- and community-based residential rehabilitation, and

educational boarding care settings.

19. "Near death" means an act that, as certified by a physician, places a child in serious or

critical condition.

20. "Neglected child" means a child who, due to the action or inaction of a person

responsible for the child's welfare:

a. Is without proper care or control, subsistence, education as required by law, or

other care or control necessary for the child's physical, mental, or emotional

health, or morals, and is not due primarily to the lack of financial means of a

person responsible for the child's welfare;

b. Has been placed for care or adoption in violation of law;

c. Has been abandoned;

d. Is without proper care, control, or education as required by law, or other care and

control necessary for the child's well-being because of the physical, mental,

emotional, or other illness or disability of a person responsible for the child's

welfare, and that such lack of care is not due to a willful act of commission or act

of omission, and care is requested by a person responsible for the child's welfare;

e. Is in need of treatment and a person responsible for the child's welfare has

refused to participate in treatment as ordered by the juvenile court;

f. Was subject to prenatal exposure to alcohol misuse or any controlled substance

as defined in section 19-03.1-01 in a manner not lawfully prescribed by a

practitioner;

g. Is present in an environment subjecting the child to exposure of a controlled

substance, chemical substance, or drug paraphernalia as prohibited by section

19-03.1-22.2, except as used in this subsection, controlled substance includes

any amount of marijuana; or

h. Is a victim of human trafficking as defined in title 12.1.

21. "Prenatal exposure to a controlled substance" means use of a controlled substance as

defined in chapter 19-03.1 by a pregnant woman for a nonmedical purpose during

pregnancy as evidenced by withdrawal symptoms in the child at birth, results of a

toxicology test performed on the mother at delivery or the child at birth, or medical

effects or developmental delays during the child's first year of life that medically

indicate prenatal exposure to a controlled substance.

22. "Protective services" includes services performed after an assessment of a report of

child abuse or neglect has been conducted, such as social assessment, service

planning, implementation of service plans, treatment services, referral services,

coordination with referral sources, progress assessment, monitoring service delivery,

and direct services.

23. "State child protection team" means a multidisciplinary team consisting of a

representative of the department, a representative of the attorney general, a

representative of law enforcement, a representative of the superintendent of public

instruction, a parent with lived experience, one or more representatives of the lay

community, and, as an ad hoc member, the designee of the chief executive official of

any institution named in a report of institutional abuse or neglect. All team members, at

the time of their selection and thereafter, must be staff members of the public or private

agency they represent or shall serve without remuneration. An attorney member of the

child protection team may not be appointed to represent the child or the parents at any

subsequent court proceeding nor may the child protection team be composed of fewer

than three individuals. A quorum of the state child protection team consists of a

minimum of one member from the department and two other state child protection

team members.

24. "Substance exposed infant" means an infant younger than twelve months of age at the

time of the initial report of child abuse or neglect and who is identified as being

affected by substance use or withdrawal symptoms or by a fetal alcohol spectrum

disorder.

25. "Substance use disorder" means a substance-related or addictive disorder identified in

the "Diagnostic and Statistical Manual of Mental Disorders", American psychiatric

association, fifth edition, text revision (2013), or a future edition adopted by the

department.

26. "Unable to determine" means insufficient evidence is available to enable a

determination whether a child meets the definition of an abused or neglected child.

27. "Unconfirmed" means that upon completion of a child protection assessment, the

department has determined, based upon a preponderance of the evidence, that a child

does not meet the definition of an abused or neglected child.
N.D. Cent. Code § 50-24.6-10 — ND Code / Title 50 / Chapter 50-24.6 / Section 50-24.6-10
50-24.6-10. Adoption of rules
Status: in_force

50-24.6-10. Adoption of rules

The department shall adopt rules to implement this chapter.
N.D. Cent. Code § 50-24.7-06 — ND Code / Title 50 / Chapter 50-24.7 / Section 50-24.7-06
50-24.7-06. Responsibility for expenditures
Status: in_force

50-24.7-06. Responsibility for expenditures

Expenditures required under this chapter are the responsibility of the state of North Dakota.
N.D. Cent. Code § 50-11.1-07.5 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-07.5
50-11.1-07.5. Accumulation of fiscal sanctions
Status: in_force

50-11.1-07.5. Accumulation of fiscal sanctions

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. The

department shall reinspect or review the early childhood program or premises out of which the

holder of the self-declaration is operating within three working days after receipt of the

notification. If, upon reinspection or review, the department determines a violation has not been

corrected, the department shall resume the daily assessment of fiscal sanction and shall add

the amount of fiscal sanction which otherwise would have accrued during the period before

resumption to the total assessment due from the licensee or holder of the self-declaration. The

department shall notify the licensee or holder of a self-declaration of the resumption by mail or

electronic mail. Recovery of the resumed fiscal sanction must be stayed if the licensee or holder

of a self-declaration makes a written request for an administrative hearing in the manner

provided in chapter 28-32, if written request for the hearing is made to the department within

fifteen days upon mailing or ten days upon electronic transmission of the notice of resumption.
N.D. Cent. Code § 50-11-04.6 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-04.6
50-11-04.6. Recovery of fiscal sanctions - Hearing
Status: in_force

50-11-04.6. Recovery of fiscal sanctions - Hearing

Fiscal sanctions assessed pursuant to this chapter are payable fifteen days after receipt of

the notice of noncompliance and at fifteen-day intervals thereafter, as the fiscal sanctions

accrue. Recovery of an assessed fiscal sanction must be stayed if the operator makes written

request to the department for an administrative hearing within ten days after mailing or delivery

of the notice.
N.D. Cent. Code § 50-06-06.1 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.1
50-06-06.1. Indians - General assistance contract authorized
Status: repealed

50-06-06.1. Indians - General assistance contract authorized

Repealed by S.L. 2019, ch 391, § 139.
N.D. Cent. Code § 50-35-06 — ND Code / Title 50 / Chapter 50-35 / Section 50-35-06
50-35-06. Human service zone human services fund - Transfer
Status: in_force

50-35-06. Human service zone human services fund - Transfer

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 limitations in section 50-35-05, the director shall

reduce the human service zone's formula payment as directed in subsection 4 of

section 50-35-03.

2. The county may not transfer any funds from the service area human services fund until

January 1, 2020, unless approved by the department.
N.D. Cent. Code § 50-06.1-13 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-13
50-06.1-13. Division to license blind operators and operate vending facilities - Continuing appropriation of income
Status: in_force

50-06.1-13. Division to license blind operators and operate vending facilities -

Continuing appropriation of income.

The division shall act as the state licensing agency to license the operators of vending

facilities on federal property within the state to the extent permitted or required by the

Randolph-Sheppard Act [Pub. L. 74-732; 20 U.S.C. 107]. The division may take any action,

consistent with the provisions of that Act, for the purpose of providing blind persons with

remunerative employment, enlarging the economic opportunities of the blind, and stimulating

the blind to greater efforts in striving to make themselves self-supporting. If there is no blind

licensee operating a vending facility on federal property, the division may operate or contract for

the operation of a vending facility, provided that all income from such a vending facility is

distributed in a manner consistent with the requirements of such Act. There is hereby

appropriated on a continuing basis all income from vending facilities which the division operates,

or contracts to operate, consistent with the requirements of such Act and the regulations and

policies of the United States secretary of education, promulgated thereunder, for the purposes

of:

1. Maintenance and replacement of equipment.

2. The purchase of new equipment.

3. Management services.

4. Assuring a fair minimum return to operators of vending facilities.

5. Retirement or pension funds, health insurance contributions, and provision for paid

sick leave and vacation time, if it is determined by a majority vote of blind licensees

licensed by the division, after the division provides to each such licensee full

information on all matters relevant to such proposed program, that income should be

used for such purposes.
N.D. Cent. Code § 50-24.4-07 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-07
50-24.4-07. Nonallowable costs
Status: in_force

50-24.4-07. Nonallowable costs

1. The following costs may not be recognized as allowable: political contributions;

salaries or expenses of a lobbyist, as defined in section 54-05.1-02, for lobbying

activities; advertising designed to encourage potential residents to select a particular

nursing home; fines and penalties; legal and related expenses for unsuccessful

challenges to decisions by governmental agencies; memberships in sports, health, or

similar social clubs or organizations; and costs incurred for activities directly related to

influencing employees with respect to unionization. The department by rule shall

exclude the costs of other items or services not directly related to the provision of

resident care.

2. Nonallowable costs include the education expense unless:

a. The education was provided by an accredited academic or technical educational

facility;

b. The education expense was for materials, books, or tuition; and

c. The amount of education expense claimed for an individual does not exceed

fifteen thousand dollars in the aggregate.

3. The education expense may be claimed the year in which it is expended.

4. For any individual who receives education assistance, the facility shall enter a contract

with the individual which stipulates a minimum commitment to work for the facility as

well as a repayment plan if the individual does not fulfill the contract obligations.

5. An individual who receives the maximum of fifteen thousand dollars of education

assistance shall commit to a minimum of six thousand six hundred fifty-six hours of

employment after completion of the educational program. The number of hours of

employment required may be prorated for an individual who receives less than the

maximum of fifteen thousand dollars of education assistance.

6. The facility shall report the education expense separately on the facility's cost report.

The expense is allowed as a passthrough and is limited only by the fifteen thousand

dollar maximum per individual.

7. If an individual defaults on a contract and education expenses for the individual have

previously been claimed in any report year, the facility shall report the amount of

repayment on the facility's cost report in the report year in which the default occurs.

8. The department shall exclude sales tax revenue received from a political subdivision

or local taxing authority as an offset to costs for facilities located in communities with a

population below twelve thousand five hundred people.
N.D. Cent. Code § 50-25.2-01 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-01
50-25.2-01. Definitions
Status: in_force

50-25.2-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Abuse" means any willful act or omission of a caregiver or any other person which

results in physical injury, mental anguish, unreasonable confinement, sexual abuse or

exploitation, or financial exploitation to or of a vulnerable adult.

2. "Adult" includes a minor emancipated by marriage.

3. "Adult protective services" means remedial, social, legal, health, mental health, and

referral services provided for the prevention, correction, or discontinuance of abuse or

neglect which are necessary and appropriate under the circumstances to protect an

abused or neglected vulnerable adult, ensure that the least restrictive alternative is

provided, prevent further abuse or neglect, and promote self-care and independent

living. The term includes the following services provided by the department or the

department's designee:

a. Receiving, evaluating, and assessing reports of alleged abuse or neglect;

b. Arranging for and coordinating the provision of essential services;

c. Providing case management and counseling for the purposes of planning and

providing social and other services needed by vulnerable adults;

d. Arranging for and coordinating the provision of other services, including financial

management or assistance, legal assistance, and the services of domestic

violence programs;

e. Monitoring the delivery of services to vulnerable adults and making progress

assessments; and

f. Arranging for or providing, and coordinating, other services consistent with this

chapter.

4. "Caregiver" means any person who has assumed the legal responsibility or a

contractual obligation for the care of a vulnerable adult or has voluntarily assumed

responsibility for the care of a vulnerable adult. The term includes a facility operated by

any public or private agency, organization, or institution which provides services to,

and has assumed responsibility for the care of, a vulnerable adult.

5. "Department" means the department of health and human services.

6. "Essential services" means those services necessary to maintain and safeguard the

physical and mental health of a vulnerable adult which include sufficient and

appropriate food and clothing, temperate and sanitary shelter, treatment for mental or

physical needs, appropriate treatment for medical needs as determined by a physician

or other health care provider, and proper supervision.

7. "Financial exploitation" means use or receipt of services provided by the vulnerable

adult without just compensation, the taking, acceptance, misappropriation, or misuse

of property or resources of a vulnerable adult by means of undue influence, breach of

a fiduciary relationship, deception, harassment, criminal coercion, theft, or other

unlawful or improper means.

8. "Least restrictive alternative" means adult protective services provided in a manner no

more restrictive of a vulnerable adult's liberty and no more intrusive than necessary to

achieve and ensure the provision of essential services.

9. "Living independently" includes using the telephone, shopping, preparing food,

housekeeping, and administering medications.

10. "Mental anguish" means psychological or emotional damage that requires medical

treatment or care or is characterized by behavioral change or physical symptoms.

11. "Neglect" means the failure of a caregiver to provide essential services necessary to

maintain the physical and mental health of a vulnerable adult, or the inability or lack of

desire of the vulnerable adult to provide essential services necessary to maintain and

safeguard the vulnerable adult's own physical and mental health.

12. "Physical injury" means damage to bodily tissue caused by nontherapeutic conduct,

which includes fractures, bruises, lacerations, internal injuries, dislocations, physical

pain, illness, or impairment of physical function.

13. "Self-care" includes maintaining personal hygiene, eating, and dressing.

14. "Sexual abuse or exploitation" includes those sex offenses defined in sections

12.1-20-02, 12.1-20-03, 12.1-20-04, 12.1-20-05, 12.1-20-06, 12.1-20-07, and

12.1-20-11.

15. "Substantial functional impairment" means a substantial incapability, because of

physical limitations, of living independently or providing self-care as determined

through observation, diagnosis, evaluation, or assessment.

16. "Substantial mental impairment" means a substantial disorder of thought, mood,

perception, orientation, or memory that grossly impairs judgment, behavior, or ability to

live independently or provide self-care as revealed by observation, diagnosis,

evaluation, or assessment.

17. "Vulnerable adult" means an adult who has a substantial mental or functional

impairment.

18. "Willfully" means willfully as defined in section 12.1-02-02.
N.D. Cent. Code § 50-24.5-05 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-05
50-24.5-05. Applicant's or guardian's duty to establish eligibility
Status: in_force

50-24.5-05. Applicant's or guardian's duty to establish eligibility

The applicant or guardian of the applicant shall provide information sufficient to establish

eligibility for benefits, including a social security number and proof of age, identity, residence,

blindness, disability, functional limitation, and financial eligibility for each month for which

benefits are sought.
N.D. Cent. Code § 50-06-42 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-42
50-06-42. Substance use disorder treatment voucher system (Effective through June 30, 2026)
Status: in_force

50-06-42. Substance use disorder treatment voucher system. (Effective through

June 30, 2026)

1. The department shall establish and administer, within the limits of legislative

appropriations, a voucher system to address underserved areas and gaps in the

state's substance abuse treatment system and to assist in the payment of addiction

treatment services provided by licensed substance abuse treatment programs,

excluding state-operated behavioral health clinics and hospital- or medical clinic-based

programs for medical management of withdrawal. An out-of-state licensed substance

abuse treatment program located within a bordering state may participate in the

voucher program to serve an underserved area of this state pursuant to the rules

adopted by the department. The department shall develop rules to include processes

and requirements for an out-of-state provider to receive reimbursement only for

outpatient and community-based services upon a provider completing an assessment

of need and receiving approval from the department.

2. Services eligible for the voucher program include only those levels of care recognized

by the American society of addiction medicine, with particular emphasis given to

underserved areas and programs. The department shall ensure that a licensed

substance abuse treatment program, hospital, and medical clinic program accepting

vouchers collects and reports process and outcome measures.

3. The department shall develop requirements and provide training and technical

assistance to a licensed substance abuse treatment program, hospital, and medical

clinic program accepting vouchers. A licensed substance abuse treatment program,

hospital, and medical clinic program accepting vouchers shall provide evidence-based

services.

4. The department shall allocate funding appropriated for the substance use disorder

treatment voucher as follows:

a. No more than forty-five percent of the appropriated amount may be allocated for

residential substance use disorder services administered by licensed substance

abuse treatment programs with more than sixteen beds.

b. The remaining appropriation must be allocated for residential programs with

sixteen or fewer beds, nonresidential outpatient, and ancillary substance use

disorder services administered by licensed substance abuse treatment programs.

Substance use disorder treatment voucher system. (Effective after June 30, 2026)

1. The department shall establish and administer, within the limits of legislative

appropriations, a voucher system to address underserved areas and gaps in the

state's substance abuse treatment system and to assist in the payment of addiction

treatment services and medical costs provided by licensed substance abuse treatment

programs, excluding state-operated behavioral health clinics and hospital- or medical

clinic-based programs for medical management of withdrawal. An out-of-state licensed

substance abuse treatment program located within a bordering state may participate in

the voucher program to serve an underserved area of this state pursuant to the rules

adopted by the department. The department shall develop rules to include processes

and requirements for an out-of-state provider to receive reimbursement only for

outpatient and community-based services upon a provider completing an assessment

of need and receiving approval from the department.

2. Services eligible for the voucher program include only those levels of care recognized

by the American society of addiction medicine, with particular emphasis given to

underserved areas and programs. The department shall ensure that a licensed

substance abuse treatment program, hospital, and medical clinic program accepting

vouchers collects and reports process and outcome measures.

3. The department shall develop requirements and provide training and technical

assistance to a licensed substance abuse treatment program, hospital, and medical

clinic program accepting vouchers. A licensed substance abuse treatment program,

hospital, and medical clinic program accepting vouchers shall provide evidence-based

services.

4. The department shall allocate funding appropriated for the substance use disorder

treatment voucher as follows:

a. Except as provided in subdivisions c and d, no more than fifty percent of the

appropriated amount may be allocated for residential substance use disorder

services administered by licensed substance abuse treatment programs with

more than sixteen beds.

b. The remaining appropriation must be allocated for residential programs with

sixteen or fewer beds, nonresidential outpatient, and ancillary substance use

disorder services administered by licensed substance abuse treatment programs.

c. The department, during the last quarter of the biennium, may reallocate projected

unused funds that were allocated under subdivision b to residential facilities

outlined in subdivision a.

d. The department may reimburse a licensed substance abuse treatment program

with more than sixteen beds the incurred direct medical costs of an eligible

individual who does not have resources to cover the medical costs. The

department may develop rules and may not exceed the total amount appropriated

for medical cost reimbursement.
N.D. Cent. Code § 50-11-06.5 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-06.5
50-11-06.5. Records kept by home
Status: repealed

50-11-06.5. Records kept by home

Repealed by S.L. 1993, ch. 472, § 25.
N.D. Cent. Code § 50-11.1-11.1 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-11.1
50-11.1-11.1. Resource and referral services - Authority of department to make grants - Federal funds - Components
Status: in_force

50-11.1-11.1. Resource and referral services - Authority of department to make grants

- Federal funds - Components.

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 grants on forms provided by the department. Applications for

grants using funds received by the state under subsection 2 must include assurances

that federal requirements have been met.

2. The department shall submit an application annually to the United States secretary of

health and human services for the purpose of obtaining the state's allotment of funds

authorized under chapter 8 of title VI of the Omnibus Budget Reconciliation Act of

1981 [42 U.S.C. 9871-9877] or under any subsequent federal law providing funding for

child care and development programs.

3. Each public or private nonprofit entity or the department providing early childhood

resource and referral services shall identify all existing related early childhood services

through information provided by all relevant public and private nonprofit entities in the

areas of service and must develop a resource file of these services which must be

maintained and updated at least quarterly. The services must include early childhood

services as identified in section 50-11.1-02.

4. Each public or private nonprofit entity or the department providing early childhood

resource and referral services shall establish a referral process that responds to

parental needs for information, fully ensures the confidentiality of records and

information as required under subsection 4 of section 50-11.1-07, affords parents

maximum access to all referral information, and includes telephone referral available

for no less than twenty hours per week and access via the internet. Each public or

private nonprofit entity or the department shall publicize its services through popular

media sources, agencies, employers, and other appropriate methods.

5. All early childhood services resource and referral public and private nonprofit entities

or the department shall maintain documentation of the number of calls and contacts

received and information required or requested by the department.

6. Each early childhood services resource and referral public or private nonprofit entity or

the department shall have available, as an educational aid to parents, information on

available parent, early childhood, and family education programs in the community and

information on aspects of evaluating the quality and suitability of early childhood

services, including licensing regulation, financial assistance availability, child abuse

reporting procedures, and appropriate child development information.

7. A child care resource and referral public or private nonprofit entity or the department

shall provide technical assistance to existing and potential providers of all types of

early childhood services and to employers.

8. Services prescribed by this section must be designed to maximize parental choice in

the selection of early childhood services and to facilitate the maintenance and

development of such services and resources.
N.D. Cent. Code § 50-06.5-07 — ND Code / Title 50 / Chapter 50-06.5 / Section 50-06.5-07
50-06.5-07. Standards and assurances
Status: in_force

50-06.5-07. Standards and assurances

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 activities are planned, conducted, administered, and

evaluated in a manner consistent with the purposes of this chapter.

2. The applicant shall provide, as the council may require, satisfactory assurance that:

a. The applicant is an eligible agency.

b. The center will be designed and operated within local communities by individuals

with a disability, including an assurance that the center will have a board that is

the principal governing body of the center and a majority of that board will be

composed of individuals with a significant disability.

c. The applicant will comply with the standards and assurances set forth in this

section.

d. The applicant will establish clear priorities through annual and three-year

programs and financial planning objectives for the center, including overall goals

or mission for the center, a work plan for achieving the goals or mission, specific

objectives, services priorities, and types of services to be provided along with a

description that demonstrates how the proposed activities of the applicant are

consistent with the most recent three-year state plan for independent living.

e. The applicant will use sound organization, personnel assignment practices,

including taking affirmative action to employ and advance in employment qualified

individuals with a significant disability on the same terms and conditions required

with respect to the employment of individuals with a disability under section 796m

of the federal Rehabilitation Act of 1973, as amended, and the federal Americans

with Disabilities Act.

f. The applicant will ensure that the majority of its staff, and individuals on its staff in

decisionmaking positions, are individuals with a significant disability.

g. The applicant will practice sound fiscal management, including making

arrangements for an annual independent fiscal audit or review.

h. The applicant will conduct annual self-evaluations, prepare an annual report, and

maintain records, adequate to measure performance with respect to the

standards containing information regarding, at least:

(1) The extent to which the center is in compliance with the standards and

assurances.

(2) The numbers and types of individuals with a significant disability receiving

services through the center.

(3) The types of services provided through the center and the number of

individuals with a significant disability receiving each type of service.

(4) The source and amounts of funding for the operation of the center.

(5) The number of individuals with a significant disability who are employed by,

and the number who are in management and decisionmaking positions in

the center.

(6) The comparison, when appropriate, of the activities of the center in prior

years, with the activities of the center in the most recent year.

i. Individuals with a significant disability who are seeking services from the center

will be notified by the center of the existence of the availability of the client

assistance program and a way to contact that program.

j. Aggressive outreach, regarding services provided through the center, will be

conducted in an effort to reach populations of individuals with a disability which

are unserved or underserved by programs under this chapter, especially minority

groups and urban and rural populations.

k. Staff at centers will receive training on how to serve the unserved and

underserved populations, including minority groups and urban and rural

populations.

l. The center will submit to the council a copy of its annual report and the annual

audit or review required under subdivision g.

m. The center will prepare and submit a report to the designated state entity, at the

end of each fiscal year, that contains the information described in subdivision h.

3. Services may be provided under this chapter to an individual with a significant

disability regardless of age, to the parents and family of an individual with a significant

disability, and to others in the community.
N.D. Cent. Code § 50-11-06.6 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-06.6
50-11-06.6. Department to furnish information when requested
Status: in_force

50-11-06.6. Department to furnish information when requested

1. Whenever requested by any person, organization, corporation, or limited liability

company interested in establishing a foster care facility for children or adults, the

department shall furnish information concerning the minimum requirements for a

facility and concerning the need for a facility in any given community.

2. Any person, organization, corporation, or limited liability company is entitled, upon

request, to be advised by the department or its authorized agent regarding the policy,

procedure, and intentions of the department or its authorized agent toward placement

of children in that person's, organization's, corporation's, or limited liability company's

facility if:

a. The person, organization, corporation, or limited liability company is licensed to

provide foster care for children under this chapter and has not received a

placement for twelve months or more; or

b. The person, organization, corporation, or limited liability company is applying for

its license to provide foster care for children under this chapter.
N.D. Cent. Code § 50-11-06.10 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-06.10
50-11-06.10. Identified relative - Criminal history record investigation
Status: in_force

50-11-06.10. Identified relative - Criminal history record investigation

1. The department may require an identified relative and any adult living in the home of

the identified relative to go through a criminal history record investigation pursuant to

section 50-11-06.8.

2. If the department requires a criminal history record investigation pursuant to

subsection 1, the department shall consider an identified relative and any adult living in

the home of the identified relative as a family foster home for children applicant, family

foster home for children provider, or members of the family foster home for children for

the purpose of determining the impact of the individual's criminal history record

investigation on the individual's ability to provide foster care for children.
N.D. Cent. Code § 50-06.4-10 — ND Code / Title 50 / Chapter 50-06.4 / Section 50-06.4-10
50-06.4-10. Brain injury advisory council
Status: repealed

50-06.4-10. Brain injury advisory council

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 50-06.3-12 — ND Code / Title 50 / Chapter 50-06.3 / Section 50-06.3-12
50-06.3-12. Interest not to accrue on uncollected claims
Status: in_force

50-06.3-12. Interest not to accrue on uncollected claims

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

may not accrue on the principal amount of those claims.
N.D. Cent. Code § 50-01-25 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-25
50-01-25. Fraudulent acts - Penalty
Status: repealed

50-01-25. Fraudulent acts - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 50-24.1-04 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-04
50-24.1-04. Authority of department
Status: in_force

50-24.1-04. Authority of department

The department may adopt rules and regulations as necessary to qualify for any federal

funds available under this chapter.
N.D. Cent. Code § 50-09-03 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-03
50-09-03. Duties of human service zone
Status: in_force

50-09-03. Duties of human service zone

In the administration of assistance under this chapter, a human service zone shall, unless

otherwise directed or determined by the state agency:

1. Administer the temporary assistance for needy families program in its human service

zone, subject to the rules of the state agency.

2. Report to the state agency at such times and in such manner and form as the state

agency, from time to time, may direct.

3. Submit annually, through the human service zone director, to the state agency a

budget containing an estimate and supporting data, setting forth the amount of money

needed to carry out the provisions of this chapter.

4. Cooperate with juvenile courts and licensed children's agencies.

5. Administer child and family services under the direction and supervision of the state

agency in conformity with title IV-B.

6. Administer federal payments for foster care and adoption assistance under the

direction and supervision of the state agency in conformity with title IV-E.
N.D. Cent. Code § 50-33-04 — ND Code / Title 50 / Chapter 50-33 / Section 50-33-04
50-33-04. Caretaker temporarily out of the home
Status: in_force

50-33-04. Caretaker temporarily out of the home

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 caretaker, even if the level of support or care is reduced. The caretaker is counted

as a child care assistance unit member and all gross countable income of that caretaker is

included as child care assistance unit income used to determine the child care assistance

payment.
N.D. Cent. Code § 50-24.4-24 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-24
50-24.4-24. Incomplete or inaccurate reports
Status: in_force

50-24.4-24. Incomplete or inaccurate reports

The department may reject any annual cost report filed by a nursing home pursuant to this

chapter if the department determines that the report or the information required in section

50-24.4-23 has been filed in a form that is incomplete or inaccurate. In the event that a report is

rejected pursuant to this chapter, the department may reduce the reimbursement rate to a

nursing home to eighty percent of its most recently established rate until the information is

completely and accurately filed.
N.D. Cent. Code § 50-11-02.1 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-02.1
50-11-02.1. Conviction not bar to licensure - Exceptions
Status: in_force

50-11-02.1. Conviction not bar to licensure - Exceptions

Conviction of an offense does not disqualify a person from licensure, certification, or

approval under this chapter unless the department determines that the offense has a direct

bearing upon that person's ability to serve the public as the operator of a facility or that,

following conviction of any offense, the person is not sufficiently rehabilitated under section

12.1-33-02.1.
N.D. Cent. Code § 50-01-06 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-06
50-01-06. Blanks and reports prepared by counties
Status: repealed

50-01-06. Blanks and reports prepared by counties

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-21-04 — ND Code / Title 50 / Chapter 50-21 / Section 50-21-04
50-21-04. Standards - Administration procedure
Status: in_force

50-21-04. Standards - Administration procedure

The department of health and human services shall establish standards of construction

which must be followed by all applicants receiving loans of funds for the construction of nursing

homes or combination nursing homes and basic care facilities. The department of health and

human services shall establish standards of construction which must be followed by all

applicants for loans for the construction of basic care facilities. The department of health and

human services, in the case of the construction of nursing homes or basic care facilities or

combination nursing homes and basic care facilities, shall approve all building plans and

specifications for any facilities to be constructed in whole or in part with loans of funds provided

under the provisions of this chapter prior to the disbursement of any such funds. Administrative

procedures established by the department of health and human services must, except to

construction standards, be in general in accordance with the procedures established for the

administration of the federal grant-in-aid program for similar purposes under the Hill-Burton Act,

or federal acts supplemental thereto.
N.D. Cent. Code § 50-24.1-18.1 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-18.1
50-24.1-18.1. Consumer-directed health maintenance services - Residing at home
Status: repealed

50-24.1-18.1. Consumer-directed health maintenance services - Residing at home

Repealed by S.L. 2021, ch. 12, § 35.
N.D. Cent. Code § 50-24.4-27 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-27
50-24.4-27. Medicare certification
Status: in_force

50-24.4-27. Medicare certification

All nursing facilities certified under the medical assistance program shall participate in

Medicare part A and part B with respect to at least thirty percent of the beds in the facility

unless, after submitting an application, Medicare certification is denied by the federal health

care financing administration. The facility shall file on behalf of each patient or assist each

patient in the filing of requests for any third-party benefits to which the patient may be entitled.

Charges for Medicare-covered services provided to residents who are simultaneously eligible

for medical assistance and medicare must be billed to Medicare part A or part B before billing

medical assistance. Medical assistance may be billed only for charges not reimbursed by

Medicare.
N.D. Cent. Code § 50-11.1-04 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-04
50-11.1-04. Application for license - Prerequisites for issuance - License granted - Term
Status: in_force

50-11.1-04. Application for license - Prerequisites for issuance - License granted -

Term.

1. An application for operation of an early childhood program must be made on forms

provided, in the manner prescribed, by the department. The department shall

investigate the applicant's activities and proposed standards of care and shall make an

inspection of all premises to be used by the early childhood program applying for a

license. The applicant for a license and the staff members, and, if the application is for

a program that will be located in a private residence, every individual living in that

residence must be investigated in accordance with the rules adopted by the

department to determine whether any of them has a criminal record or has had a

confirmed decision for child abuse or neglect. The department may use the findings of

the investigation to determine licensure. Except as otherwise provided, the department

shall grant a license for the operation of an early childhood program within thirty days

of receipt of a completed application and all supporting documents by the department

and upon a showing:

a. The premises to be used are in fit and sanitary condition, are properly equipped

to provide for the health and safety for all children, and are maintained according

to rules adopted by the department;

b. Staff members are qualified to fulfill the duties required of the staff members

according to the provisions of this chapter and standards prescribed for staff

member qualifications by the rules of the department;

c. The application and supporting documents do not include any fraudulent or

untrue representations;

d. Neither the applicant nor anyone who is listed on the application has had a

previous license or self-declaration denied or revoked within the twelve months

before the date of the current application, unless waived by the department after

the department considers the health and safety of children and the licensing

history of the owner, operator, or applicant;

e. Neither the applicant nor anyone who is listed on the application has had three or

more previous licenses or self-declarations denied or revoked. The most recent

revocation or denial may not have occurred within the three years immediately

preceding the application date;

f. The applicant paid its license fees and any penalties and sanctions previously

assessed against the applicant or any program the applicant is associated with as

required by sections 50-11.1-03 and 50-11.1-07.4; and

g. Staff members have received training and are currently certified in infant and

pediatric cardiopulmonary resuscitation, including the use of an automated

external defibrillator by the American heart association, American red cross, or

other similar cardiopulmonary resuscitation and automated external defibrillator

training programs that are approved by the department, and are currently certified

in first aid by a program approved by the department.

2. The license issued to an early childhood program may not be effective for longer than

two years.

3. The department may consider the applicant's past licensing, self-declaration, and

registration history in determining whether to issue a license.

4. The department may issue a provisional or restricted license in accordance with the

rules of the department. The department shall consider issuing a provisional or

restricted license before revoking a license. The department may require the applicant

or licensee to provide a compliance plan to address compliance issues with this

chapter and rules of the department. The department shall review the compliance plan

before issuing a provisional or restricted license. The department shall approve the

provisional license if the department approves the compliance plan. The department

may revoke a license if the licensee fails to comply with the department approved

compliance plan or for any additional violations of this chapter or rules of the

department.

5. The department shall notify the licensee and operator that the licensee and operator

are required to post a notice of late application at the early childhood program

premises if the department has not received a completed application and all

supporting documents for licensure or self-declaration renewal at least thirty days

before the expiration date of the early childhood program's license.
N.D. Cent. Code § 50-24.5-02 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-02
50-24.5-02. Powers and duties of the department
Status: in_force

50-24.5-02. Powers and duties of the department

The department shall:

1. Administer aid to vulnerable aged, blind, and disabled persons and supervise and

direct human service zones in the administration of aid to vulnerable aged, blind, and

disabled persons.

2. Supplement, within the limits of legislative appropriation, the income of an eligible

beneficiary receiving necessary basic care services to the extent that the eligible

beneficiary lacks income sufficient to meet the cost of that care, provided at rates

determined by the department adjusted by the inflation rate for basic care services

used to develop the legislative appropriation for the department.

3. Pay qualified basic care providers at rates determined by the department, within the

limits of legislative appropriation.

4. Issue payment to basic care facilities for services provided to an eligible beneficiary.

5. Take action and give directions necessary to implement this chapter.
N.D. Cent. Code § 50-24.4-18 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-18
50-24.4-18. Appeals
Status: in_force

50-24.4-18. Appeals

1. A nursing home dissatisfied with the final rate established may, upon completion of the

reconsideration, appeal. An appeal may be perfected by mailing or delivering the

information described in subdivisions a through e to the department, at such address

as the department may designate, mailed or delivered on or before five p.m. on the

thirty-first day after the date of mailing of the determination of the medical services

division made with respect to a request for reconsideration. An appeal under this

section is perfected only if accompanied by written documents including the following

information:

a. A copy of the letter received from the medical services division advising of that

division's decision on the request for reconsideration;

b. A statement of each disputed item and the reason or basis for the dispute;

c. A computation and the dollar amount which reflects the appealing party's claim as

to the correct computation and dollar amount for each disputed item;

d. The authority in statute or rule upon which the appealing party relies for each

disputed item; and

e. The name, address, and telephone number of the person upon whom all notices

will be served regarding the appeal.

2. Upon assignment, the hearing officer shall set and conduct the hearing within one

hundred twenty days of the date of assignment.

3. Within sixty days after all evidence has been received, the department shall make its

findings of fact and conclusions of law and enter a decision based upon its findings

and conclusions.

4. A nursing home may seek a writ of mandamus to compel the hearing officer to timely

set and conduct a hearing or to compel the department to timely issue a decision;

however, no writ may be granted to a nursing home contributing to the delay.
N.D. Cent. Code § 50-24.1-03.2 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-03.2
50-24.1-03.2. Investigations - Power of human service zones, department, and employees
Status: in_force

50-24.1-03.2. Investigations - Power of human service zones, department, and

employees.

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 attendance of witnesses and the production of books, records, and

papers; and

c. Make application to the district court of the county to compel the attendance of

witnesses and the production of books, records, and papers.

2. The department may request from other state, county, human service zones, and local

agencies information deemed necessary to carry out the medical support enforcement

program. All officers and employees of state, county, and local agencies shall

cooperate with the department in locating absent spouses or parents of children to

whom an obligation of support is owed or on whose behalf assistance is being

provided and, on request, shall supply the department with available information

relative to the location, income, social security number, and property holdings of the

absent spouse or parent, notwithstanding any provision of law making that information

confidential. Any person acting under the authority of the department who, pursuant to

this subsection, obtains information from the office of the state tax commissioner, the

confidentiality of which is protected by law, may not divulge such information except to

the extent necessary for the administration of the medical support enforcement

program or when otherwise directed by judicial order or when otherwise provided by

law.

3. The officers and employees designated by the human service zones or the department

may administer oaths and affirmations.
N.D. Cent. Code § 50-06.5-08 — ND Code / Title 50 / Chapter 50-06.5 / Section 50-06.5-08
50-06.5-08. Independent living services and programs
Status: in_force

50-06.5-08. Independent living services and programs

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.
N.D. Cent. Code § 50-24.1-02.8 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-02.8
50-24.1-02.8. Transfers involving annuities
Status: in_force

50-24.1-02.8. Transfers involving annuities

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 purchase of an annuity on or after February 8, 2006, or the selection or alteration

on or after February 8, 2006, of a payment option for an annuity purchased at any

time, is a disqualifying transfer of an asset for purposes of this chapter unless:

a. The state is named as the remainder beneficiary in the first position for at least

the total amount of medical assistance paid on behalf of the annuitant or the state

is named in the second position after the community spouse or minor or disabled

child and is named in the first position if the community spouse or a

representative of the minor or disabled child disposes of any remainder for less

than fair market value;

b. The annuity is purchased from an insurance company or other commercial

company that sells annuities as part of the normal course of business;

c. The annuity is irrevocable and neither the annuity nor payments due under the

annuity may be assigned or transferred;

d. The annuity provides substantially equal monthly payments of principal and

interest and does not have a balloon or deferred payment of principal or interest.

Payments will be considered substantially equal if the total annual payment in any

year varies by five percent or less from the payment in the previous year; and

e. The annuity will return the full principal and interest within the purchaser's life

expectancy as determined in accordance with actuarial publications of the office

of the chief actuary of the social security administration.

3. Except for the provision in subdivision a of subsection 2, this section does not apply to:

a. An annuity described in subsection b or q of section 408 of the Internal Revenue

Code of 1986; or

b. An annuity purchased with proceeds from:

(1) An account or trust described in subsection a, c, or p of section 408 of the

Internal Revenue Code of 1986;

(2) A simplified employee pension within the meaning of subsection k of

section 408 of the Internal Revenue Code of 1986; or

(3) A Roth IRA described in section 408A of the Internal Revenue Code of 1986.
N.D. Cent. Code § 50-33-08 — ND Code / Title 50 / Chapter 50-33 / Section 50-33-08
50-33-08. Limitations on in-home child care benefits
Status: in_force

50-33-08. Limitations on in-home child care benefits

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 outside

provider; or

2. A developmental disabilities case manager or a special education case manager

provides written documentation demonstrating to the department's satisfaction that the

child's disability is such that taking the child to an outside provider creates an undue

hardship.
N.D. Cent. Code § 50-22-04.1 — ND Code / Title 50 / Chapter 50-22 / Section 50-22-04.1
50-22-04.1. Limitations on amount of payments for solicitation or funding
Status: repealed

50-22-04.1. Limitations on amount of payments for solicitation or funding

Repealed by S.L. 1985, ch. 531, § 1.
N.D. Cent. Code § 50-01-08.1 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-08.1
50-01-08.1. Out-of-state travel approval
Status: repealed

50-01-08.1. Out-of-state travel approval

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-06-20.1 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-20.1
50-06-20.1. Human services grant program - Eligible counties - Reports
Status: repealed

50-06-20.1. Human services grant program - Eligible counties - Reports

Repealed by S.L. 2019, ch. 391, § 138.
N.D. Cent. Code § 50-24.1-42 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-42
50-24.1-42. Automated clearing house payments to medical assistance providers and provider applicants
Status: in_force

50-24.1-42. Automated clearing house payments to medical assistance providers and

provider applicants.

The department shall provide payment to medical assistance providers and may provide

payments to provider applicants using an automated clearing house to provide for electronic

fund transfers. To receive payment, medical assistance providers and provider applicants shall

provide sufficient documentation to enable the department to provide electronic funds transfers

through an automated clearing house. No other forms of payment are permitted.
N.D. Cent. Code § 50-25.2-09 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-09
50-25.2-09. Immunity from liability
Status: in_force

50-25.2-09. Immunity from liability

The following persons are immune from any civil or criminal liability that otherwise might

result from the person's actions taken pursuant to this chapter:

1. Any person, other than an alleged perpetrator, making a report or participating in an

investigation, evaluation, or assessment under this chapter if the person is acting in

good faith.

2. Any person, employed by the department or the department's designee or a law

enforcement agency, conducting or supervising an investigation, evaluation, or

assessment or implementing or enforcing the provisions of this chapter if the person is

acting in good faith and exercising due care.
N.D. Cent. Code § 50-11-04.3 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-04.3
50-11-04.3. Reinspections
Status: in_force

50-11-04.3. Reinspections

A facility issued a correction order under section 50-11-04.2 must be inspected at the end of

the period allowed for correction. If, upon inspection, it is determined that the facility has not

corrected a violation identified in the correction order, a notice of noncompliance with the

correction order must be mailed or sent to the facility. The notice must specify the uncorrected

violations and the penalties assessed in accordance with section 50-11-04.5.
N.D. Cent. Code § 50-25.1-04.1 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-04.1
50-25.1-04.1. State child protection team - How created - Duties
Status: in_force

50-25.1-04.1. State child protection team - How created - Duties

1. The department shall name the members of the state child protection team. The

department is responsible for all reports made pursuant to this chapter. The

department shall set meetings for the purposes of fulfilling the duties set forth in

sections 50-25.1-02 and 50-25.1-04.

2. Under procedures adopted by the team, the team may meet at any time, confer with

any individuals, groups, and agencies, and may issue reports or recommendations on

any aspect of child abuse, neglect, or death resulting from abuse or neglect the team

deems appropriate. All reports or recommendations issued are subject to section

50-25.1-11, except that the team shall make available information reflecting the

disposition of reports of institutional child abuse, neglect, or death resulting from abuse

or neglect, when the identity of persons reporting, and of the children and parents of

children involved, is protected.

3. In every case of alleged institutional child abuse or neglect, the state child protection

team shall make a determination whether child abuse or neglect is indicated. Upon a

determination that institutional child abuse or neglect is indicated, the state child

protection team promptly shall make a written report of the determination. When a

report includes an allegation or report of institutional child abuse and neglect as

defined in section 50-25.1-02, the state child protection team promptly shall notify the

commissioner of the department or commissioner's designee of the determination.

Notwithstanding section 50-25.1-11, the department shall notify the superintendent of

public instruction, the school district administrator, and the president or chairman of the

school board or a private school's governing body or entity if the subject of the report is

a public or private school.

4. If a determination that institutional child abuse or neglect is indicated relative to a

residential facility or setting either licensed, certified, or approved by the department or

a residential facility or setting that receives funding from the department, that facility or

setting shall engage in an improvement plan approved by the department. Failure to

complete the approved improvement plan must result in notification to the residential

facility or setting's board of directors and to any entity that accredits the facility or

setting. Notification must include the written report of the state child protection team,

the approved improvement plan, and areas of deficiency that resulted in the

notification.
N.D. Cent. Code § 50-06-32.1 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-32.1
50-06-32.1. Autism spectrum disorder voucher program pilot project - Legislative management report - Appeal
Status: repealed

50-06-32.1. Autism spectrum disorder voucher program pilot project - Legislative

management report - Appeal.

Repealed by S.L. 2023, ch. 44, § 39.
N.D. Cent. Code § 50-09-30 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-30
50-09-30. Child support agencies exempt from certain fees
Status: in_force

50-09-30. Child support agencies exempt from certain fees

The recorder and secretary of state may not charge or collect any fee otherwise prescribed

by law from a state or human service zone engaged in the establishment of paternity or the

establishment, modification, or enforcement of child support orders.
N.D. Cent. Code § 50-01-03 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-03
50-01-03. County social service board may accept property or security
Status: repealed

50-01-03. County social service board may accept property or security

Repealed by S.L. 2019, ch 391, § 139.
N.D. Cent. Code § 50-25.1-15 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-15
50-25.1-15. Abandoned infant - Approved location procedure - Reporting immunity
Status: in_force

50-25.1-15. Abandoned infant - Approved location procedure - Reporting immunity

1. As used in this section:

a. "Abandoned infant" means an infant who has been abandoned at birth at a

hospital or before reaching the age of one year regardless of the location of birth

and who has been left with an on-duty staff member or, if an infant is less than

sixty days old, left in a newborn safety device, at an approved location in an

unharmed condition.

b. "Approved location" means a hospital or other location as designated by

administrative rule adopted by the department.

c. "Hospital" means a facility licensed under chapter 23-16.

d. "Newborn safety device" means a device that is:

(1) Physically part of the building at an approved location;

(2) Staffed twenty-four hours a day seven days a week;

(3) Temperature-controlled and ventilated for the safety of newborns;

(4) Equipped with a functional alarm system which automatically triggers an

alarm inside the building when an infant is placed in the device; and

(5) Located in a manner that the interior point of access is in an area that is

conspicuous and visible to the employees of the approved location.

2. a. A parent of an infant less than sixty days old, or an agent of the parent with the

parent's consent, may leave the infant in a newborn safety device at an approved

location.

b. A parent of an infant under the age of one year, or an agent of the parent with the

parent's consent, may leave the infant with an on-duty staff member at an

approved location.

c. A parent or agent is not subject to prosecution under sections 14-07-15 and

14-09-22 for leaving an abandoned infant under this section.

3. An infant left under this section must be accepted at an approved location. An

approved location is not required to possess a newborn safety device.

4. Except as provided in subsection 6, the approved location may request information

regarding the parents and shall provide the parent or agent with a medical history form

and an envelope with the approved location's return address. If a hospital accepting an

infant has the infant's medical history, the hospital is not required to provide the parent

or agent with a medical history form. A parent or agent is not required to provide any

information.

5. Except as provided in subsection 6, if an infant is left at a hospital, the hospital shall

provide the parent or agent with a numbered identification bracelet to link the parent or

agent to the infant, unless due to birth of the infant, the infant and parent already have

an identification bracelet. Possession of an identification bracelet does not entitle the

bracelet holder to take custody of the infant. If an individual possesses a bracelet

linking the individual to an infant left at a hospital under this section and parental rights

have not been terminated, possession of the bracelet creates a presumption that the

individual has standing to participate in a protection services action brought under this

chapter or chapter 27-20.3. Possession of the bracelet does not create a presumption

of maternity, paternity, or custody.

6. If an abandoned infant is left in a newborn safety device at an approved location, the

approved location may not inquire as to the identity of the parent or agent. Except as

provided in subsection 10, if the identity of the parent or agent of the abandoned infant

is known to the approved location, the approved location shall keep all information as

to the identity of the parent or agent of the abandoned infant confidential. The parent

or agent of the abandoned infant is not required to provide any information to the

approved location but may voluntarily provide information, including the medical

history of the parents or infant.

7. The approved location may provide the parent or agent with any relevant information,

including information about:

a. The safe place for abandoned infant programs;

b. Adoption and counseling services; and

c. Whom to contact if reunification is sought.

8. Within twenty-four hours of receiving an infant under this section, the approved

location shall report to the department or authorized agent, as required by section

50-25.1-03, that an infant has been left at an approved location. The report may not be

made before the parent or agent leaves the approved location.

9. The approved location and its employees and agents are immune from any criminal or

civil liability for accepting an infant under this section.

10. Upon receiving a report of an abandoned infant under this section, the department or

authorized agent shall proceed as required under this chapter if it appears the

abandoned infant was not harmed, except the department or authorized agent may not

attempt to identify or contact the parent or agent. If it appears the infant who was left

was harmed, the approved location shall disclose to the department or authorized

agent any known information as to the identity of the parent or agent, and the

department or authorized agent shall initiate a child protection assessment of the

matter as required by law.

11. If an individual claiming to be the parent or agent contacts the department or

authorized agent and requests to be reunited with an abandoned infant, the

department or authorized agent may identify or contact the individual as required

under this chapter and all other applicable laws. If an individual contacts the

department or authorized agent seeking information only, the department or authorized

agent may attempt to obtain information regarding the identity and medical history of

the parents and may provide information regarding the procedures in a case involving

an infant who was left at an approved location. The individual is under no obligation to

respond to the request for information, and the department or authorized agent may

not attempt to compel response to investigate the identity or background of the

individual.

12. The department shall develop and implement a public awareness campaign to provide

information, public service announcements, and educational materials regarding this

section to the public, including medical providers, law enforcement, and social service

agencies.
N.D. Cent. Code § 50-24.4-05 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-05
50-24.4-05. Requirements
Status: in_force

50-24.4-05. Requirements

No medical assistance payments may be made to any nursing home unless the nursing

home is certified to participate in the medical assistance program under title XIX of the federal

Social Security Act and has in effect a provider agreement with the department meeting the

requirements of state and federal statutes and rules. No medical assistance payments may be

made to any nursing home unless the nursing home complies with all requirements of North

Dakota law including, but not limited to, this chapter and rules adopted under it that govern

participation in the program. This section applies whether the nursing home participates fully in

the medical assistance program or is withdrawing from the medical assistance program.
N.D. Cent. Code § 50-01-17.1 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-17.1
50-01-17.1. Work requirement conditions
Status: in_force

50-01-17.1. Work requirement conditions

If a person applying for general assistance is able to work, the human service zone director

or the director's designee, at its option, may require the applicant to comply with any or all of the

following provisions as a condition to receiving general assistance:

1. To register with job service North Dakota.

2. To participate in work incentive programs in accordance with the guidelines

established for public assistance programs.

3. To accept work which is available through community work experience programs.
N.D. Cent. Code § 50-06.5-06 — ND Code / Title 50 / Chapter 50-06.5 / Section 50-06.5-06
50-06.5-06. Center for independent living
Status: in_force

50-06.5-06. Center for independent living

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 award grants to

any eligible agency that is receiving funds for this purpose on June 30, 1992, unless

the director finds that the agency involved fails to meet program and fiscal standards

and assurances.

3. The minimum annual allocation for each center must be established in response to

recommendations of the council. Priority for distribution of these funds is as follows:

a. Centers funded through title VII of the Rehabilitation Act of 1973, as amended,

but receiving less than the minimum annual allocation.

b. Expansion of current centers to serve unserved or underserved areas of the

state.
N.D. Cent. Code § 50-24.3-01 — ND Code / Title 50 / Chapter 50-24.3 / Section 50-24.3-01
50-24.3-01. Targeted case management
Status: in_force

50-24.3-01. Targeted case management

The department of health and human services shall establish a targeted case management

service for disabled and elderly individuals eligible for benefits under chapter 50-24.1 who are at

risk of requiring long-term care services to ensure that an individual is informed of alternatives

available to address the individual's long-term care needs.
N.D. Cent. Code § 50-24.5-09 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-09
50-24.5-09. Responsibility for expenditures
Status: in_force

50-24.5-09. Responsibility for expenditures

Expenditures required under this chapter are the responsibility of the state of North Dakota.
N.D. Cent. Code § 50-09-08.2 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-08.2
50-09-08.2. Power of state agency and employees and agents
Status: in_force

50-09-08.2. Power of state agency and employees and agents

1. In implementing programs under title IV-D, the state agency, and the officials,

employees, and agents of the agency may:

a. Conduct examinations;

b. Require by subpoena the attendance of witnesses and the production of books,

records, and papers;

c. Compensate witnesses and individuals producing books, records, including

records maintained in automated databases, and papers in amounts determined

by the state agency, not to exceed actual reasonable costs incurred and not to

include any costs incurred by a financial institution that has not entered into an

agreement under subdivision h nor costs incurred by any person that reflects the

difference between responding to a subpoena and providing information under

subdivision g or k;

d. Impose a fiscal sanction of no more than twenty-five dollars for each day against

a person who fails to attend as a witness or produce books, records, or papers;

e. Require genetic testing of appropriate individuals when necessary in disputed

paternity cases, to determine the relationship of parent and child, and:

(1) Pay the costs of such testing, subject to recoupment from the alleged father

if paternity is established; and

(2) Obtain additional testing in any case if an initial test result is contested, upon

request and advance payment by the contestant;

f. Make application to the district court to compel participation in genetic testing, the

attendance of witnesses, the production of books, records, and papers, and the

payment of fiscal sanctions imposed under this section;

g. Notwithstanding any provision of this code making the records confidential, in

addition to or in lieu of a subpoena, obtain access, including automated access in

the case of records maintained in automated databases, to:

(1) Records of other state and local government agencies, including:

(a) Vital statistics, including records of marriage, birth, and divorce;

(b) Local tax and revenue records, including information on residence

address, employer, income, and assets;

(c) Records concerning real and titled personal property;

(d) Records of occupational and professional licenses and records

concerning the ownership and control of corporations, partnerships,

and other business entities;

(e) Employment security records;

(f) Workforce safety and insurance records identifying the last-known

address of a person who owes or who is owed support, the wage-loss

benefits, permanent partial impairment benefits, death benefits, or

additional benefits that person has received or is entitled to receive

from the organization, and whether and where that person is currently

employed;

(g) Records of all agencies administering public assistance programs;

(h) Records of the department of transportation, which access is not

subject to the requirements in section 39-16-03;

(i) Corrections records;

(j) Law enforcement records; and

(k) Subject to an agreement with the state tax commissioner, state tax

and revenue records, including information on residence address,

employer, income, and assets; and

(2) Certain information contained in records held by private entities with respect

to individuals who owe or are owed child support, or against or with respect

to whom a child support obligation is sought, subject to safeguards on

privacy and information security, consisting of:

(a) The names, addresses, social security numbers, and other requested

relevant income or asset information of such individuals and the

names and addresses of the employers of such individuals, as

appearing in customer records of public utilities, including cellular and

wireless telephone service providers, and cable television companies,

pursuant to an administrative subpoena if requested; and

(b) Information on assets and liabilities on those individuals held by

financial institutions;

h. Enter into agreements with financial institutions doing business in the state, and

with the assistance, or through the agency, of the secretary, with financial

institutions doing business in two or more states:

(1) To develop and operate, in coordination with those financial institutions, a

data match system, using automated data exchanges to the maximum

extent feasible, in which each such financial institution is required to provide

in each calendar quarter the name, record address, social security number

or other taxpayer identification number, and other identifying information for

each noncustodial parent who maintains an account at such financial

institution and who owes past-due support, as identified by the state agency

by name and social security number or other taxpayer number; and

(2) Under which such financial institution, in response to a notice of lien or an

execution, will encumber or surrender, as the case may be, assets held by

such institution on behalf of any noncustodial parent who is subject to a lien

for unpaid child support;

i. For purposes of locating parents or alleged parents of children receiving services

under title IV-D, provide all federal and state agencies conducting activities under

title IV-D with access to:

(1) Records of the department of transportation; and

(2) Law enforcement records;

j. Notwithstanding any provision of law making the records confidential:

(1) Provide access to information identifying the amount of payment necessary

to obtain the release of a lien taken by the state agency in any property to

secure the payment of child support; and

(2) Upon payment of a sufficient amount, satisfy and release that lien; and

k. Upon agreement, exchange information, including social security numbers, with a

person listed in subdivision g for the purpose of identifying individuals who owe or

are owed child support, or against or with respect to whom a child support

obligation is sought, and any income, assets, or liabilities of those individuals.

2. All information received under this section, if confidential under some other provision

of law, is subject to the penalties under section 50-06-15 and is confidential, except

that the information may be used in the administration of any program administered by

or under the supervision and direction of the state agency and as specifically

authorized by the rules of the state agency. Any information received under this

section, if not subject to section 44-04-18 and section 6 of article XI of the Constitution

of North Dakota in the possession of the person providing the information, is exempt

from section 44-04-18 and section 6 of article XI of the Constitution of North Dakota.

Any person acting under the authority of the state agency who pursuant to this

subsection obtains information from the office of the state tax commissioner, the

confidentiality of which is protected by law, may not divulge such information except to

the extent necessary for the administration of the child support enforcement program

or when otherwise directed by judicial order or otherwise provided by law.

3. a. As provided in title IV-D, a person is immune from suit or any liability under any

federal or state law:

(1) For any disclosure of information, in any form, made under this section, to

the state agency, a county agency, a human service zone, or an official,

employee, or agent of either;

(2) For encumbering or surrendering any assets held by a financial institution in

response to a notice of lien or an execution issued by the state agency as

provided in section 28-21-05.2 and chapter 35-34; or

(3) For any other action taken in good faith to comply with the requirements of

this section.

b. The court shall award reasonable attorney's fees and costs against any person

who commences an action that is subsequently dismissed by reason of the

immunity granted by this section.

4. The officers and employees designated by the human service zones or the state

agency may administer oaths and affirmations.

5. All employing or contracting entities within this state, including for-profit, nonprofit, and

governmental employers, shall provide information on the employment, compensation,

and benefits of any individual employed by such entity as an employee or contractor

within ten days of a request made under subsection 1 or made by the agency of any

other jurisdiction charged with administration of programs under title IV-D. An entity

that receives a request for which a response is required by this section is subject to a

fiscal sanction of twenty-five dollars for each day, beginning on the eleventh day after

the request is made and not complied with.
N.D. Cent. Code § 50-06.1-16 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-16
50-06.1-16. State rehabilitation council
Status: in_force

50-06.1-16. State rehabilitation council

1. There is established a state rehabilitation council in accordance with section 105 of the

Rehabilitation Act of 1973 [29 U.S.C. 725].

2. The state rehabilitation council:

a. Shall fulfill the duties outlined in section 105 of the Rehabilitation Act of 1973

[29 U.S.C. 725].

b. Shall collaborate, coordinate, and improve employment outcomes for

working-age adults with disabilities, including:

(1) Reviewing and aligning policies, procedures, eligibility, and enrollment and

planning for services for individuals, with the objective of increasing

opportunities for community employment for North Dakotans with

disabilities.

(2) Developing cross-agency tools to document eligibility, order of selection,

assessment, and planning for services for individuals with disabilities.

(3) Identifying best practices, effective partnerships, sources of available federal

funds, opportunities for shared services among existing providers, and

means to expand model programs to increase community employment

opportunities for individuals with disabilities.

(4) Identifying and addressing areas where sufficient support is not currently

available or where additional options are needed to assist individuals with

disabilities to work in competitive employment in integrated settings.

(5) Establishing interagency agreements to improve coordination of services

and allow for data sharing as appropriate to assist individuals with

disabilities.

(6) Setting benchmarks for improving community employment outcomes and

services for individuals with disabilities.

3. The department division of vocational rehabilitation shall provide the state

rehabilitation council with administrative services.
N.D. Cent. Code § 50-36-04 — ND Code / Title 50 / Chapter 50-36 / Section 50-36-04
50-36-04. Department of health and human services - Report to budget section
Status: in_force

50-36-04. Department of health and human services - Report to budget section

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 decisions of the

governing body of the political subdivision regarding use of the moneys.

3. Annually, the department shall make a report to the budget section of the legislative

management on the status of the fund and of spending decisions made by the

department and the political subdivisions under this chapter.
N.D. Cent. Code § 50-06-43.2 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-43.2
50-06-43.2. Commission on juvenile justice - Reports
Status: repealed

50-06-43.2. Commission on juvenile justice - Reports

Repealed by S.L. 2021, ch. 363, § 2.
N.D. Cent. Code § 50-09-10.1 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-10.1
50-09-10.1. State agency authorized to make seasonal adjustments to payment levels
Status: repealed

50-09-10.1. State agency authorized to make seasonal adjustments to payment levels

Repealed by S.L. 1987, ch. 571, § 9.
N.D. Cent. Code § 50-11-10 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-10
50-11-10. Penalty
Status: in_force

50-11-10. Penalty

Any person, whether owner, manager, operator, or representative of any owner, operator, or

manager, who violates any of the provisions of this chapter, is guilty of a class B misdemeanor.
N.D. Cent. Code § 50-24.4-01.1 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-01.1
50-24.4-01.1. Nursing home resident payment classifications - Procedures for reconsideration
Status: in_force

50-24.4-01.1. Nursing home resident payment classifications - Procedures for

reconsideration.

1. For purposes of this section, "resident's representative" includes the resident's

guardian or conservator, a person authorized or required to pay the nursing home

expenses of the resident, or any other person designated by the resident in writing.

2. The department shall establish resident payment classifications for the care of

residents of nursing homes.

3. The department shall assign nursing home residents to the appropriate payment

classification based upon assessments of the residents.

4. The department shall notify each resident, and the nursing home in which the resident

resides, of the payment classification established under subsection 3. The notice must

inform the resident of the classification that was assigned, the opportunity to review

the documentation supporting the classification, the opportunity to obtain clarification

from the department, and the opportunity to appeal the classification. The notice of

resident classification must be sent by first-class mail. The individual resident notices

may be sent to the resident's nursing home for distribution to the resident in which

event the nursing home is responsible for the distribution of the notice to the resident

and to the resident's representative, if any. This notice must be distributed to the

resident and sent first-class mail or hand-delivered to the resident's representative

within three working days after the nursing home's receipt of the notice from the

department.

5. The resident or the nursing home may appeal the assigned payment classification to

the department. The appeal must be submitted in writing to the department within thirty

days of the receipt of the notice of resident classification. For appeals submitted by or

on behalf of the resident, the time period for submission of the request begins on the

date the classification notice is delivered to the resident, or mailed or delivered to the

resident's representative, whichever is latest. The appeal must be accompanied by the

name of the resident, the name and address of the nursing home in which the resident

resides, the reasons for the appeal, the requested classification changes, and

documentation supporting the requested classification. The documentation

accompanying the appeal is limited to documentation intended to establish that the

needs of the resident, at the time of the assessment resulting in the disputed

classification, justify a change of classification.

6. Upon written request, the nursing home shall give the resident or the resident's

representative a copy of the assessment form and the other documentation that was

given to the department to support the assessment findings. The nursing home shall

also provide access to and a copy of other information from the resident's record that

has been requested by or on behalf of the resident to support a resident's appeal. A

copy of any requested material must be provided within three working days of receipt

of a written request for the information. Upon request, the nursing home shall assist

the resident in preparing an appeal.

7. In addition to the information required in subsection 5, an appeal by a nursing home

must be accompanied by the following information: the date the resident payment

classification notices were received by the nursing home; the date the classification

notices were distributed to the resident or the resident's representative; and a copy of

a notice of appeal sent to the resident or to the resident's representative. This notice

must tell the resident or the resident's representative that the resident's classification is

being appealed, the reason for the appeal, that the resident's rate will change if the

appeal is approved by the department and the extent of the change, that copies of the

nursing home's appeal and supporting documentation are available for review, and

that the resident also has the right to appeal. If the nursing home fails to provide this

information with the appeal, the appeal must be denied, and the nursing home may not

make further appeals concerning that specific resident payment classification until

such time as the resident's payment classification is re-established by the department.

8. The appeal determination of the department must be made by individuals not involved

in reviewing the assessment that established the disputed classification. The appeal

determination must be based upon the initial assessment and upon the information

provided to the department under subsection 5. If the department determines that it is

necessary for the appeal determination, it may conduct onsite reviews. Within fifteen

working days of receiving the appeal, the department shall affirm or modify the original

resident classification. The original classification must be modified if the department

determines that the assessment resulting in the classification did not accurately reflect

the needs of the resident at the time of the assessment. The resident and the nursing

home must be notified within five working days after the decision is made.

9. The appeal determination under subsection 8 is the final administrative decision of the

agency. That decision is subject to appeal to the district court, and for that purpose, the

decision must be treated as a decision on a petition for rehearing made pursuant to

section 28-32-40. Appeal to the district court must be taken in the manner required by

section 28-32-42.
N.D. Cent. Code § 50-11-06.7 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-06.7
50-11-06.7. License, approval, certification approval or denial - Time requirements
Status: in_force

50-11-06.7. License, approval, certification approval or denial - Time requirements

Except as otherwise provided in this section, an application to the department for a license,

certification, or approval required by this chapter to provide foster care to adults or children must

be approved or denied within sixty days of its receipt by the department. The department has an

additional forty-five days to grant or deny a license, certification, or approval required by this

chapter if the department notifies the applicant that the additional time is necessary.
N.D. Cent. Code § 50-11.1-15 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-15
50-11.1-15. Early childhood services advisory board - Membership - Duties
Status: in_force

50-11.1-15. Early childhood services advisory board - Membership - Duties

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 with no more than two terms expiring in any one

year. A vacancy occurring other than by reason of the expiration of a term must be

filled in the same manner as the original appointment, except that the appointment

may be made for only the remainder of the unexpired term. The members are entitled

to be paid for mileage and expenses incurred in attending meetings and in

performance of their official duties in amounts provided by law for other state officers

and employees. A member also is entitled to be reimbursed up to two hundred dollars

per day for the expenses incurred by the member which relate to the hiring of a

substitute provider or staff in order that the member may attend meetings and perform

the member's official duties.

2. The early childhood services advisory board shall:

a. Advise the department each time the department reviews early childhood

services rules;

b. Upon the completion of the department's review, with the assistance of the

department, conduct an analysis of and make recommendations to the

department regarding the department's review of the early childhood services

rules, however, final approval of any administrative rule changes must be

completed through the administrative rulemaking process set forth in chapter

28-32; and

c. On an ongoing basis, make recommendations to the department regarding

changes and revisions to the early childhood services rules. The

recommendations, the goal of which is to streamline and improve the quality of

the early childhood services process, must seek to balance the need for rules that

ensure safe quality child care with the need to revise or eliminate rules that create

unnecessary barriers for providers.
N.D. Cent. Code § 50-06-05.3 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-05.3
50-06-05.3. State-operated behavioral health clinics - Powers - Duties - Advisory groups
Status: in_force

50-06-05.3. State-operated behavioral health clinics - Powers - Duties - Advisory

groups.

1. State-operated behavioral health clinics shall provide services and assistance to all

eligible individuals and families to support individuals in achieving social, emotional,

and economic self-sufficiency by providing services and assistance to:

a. Build resilience, self-sufficiency, and independence;

b. Support individuals to succeed in the least restrictive environments, reduce the

need for institutional care by providing access to community-based and other

supportive services that span the continuum of care;

c. Facilitate access to specialized care when needed and coordinate timely referrals

and transitions to appropriate levels of care;

d. Provide outpatient diagnostic and treatment services; and

e. Provide rehabilitative and crisis support for individuals with mental health,

emotional, or substance use challenges, including those with complex needs, to

promote continuity of care and successful reentry from inpatient settings.

2. State-operated behavioral health clinics shall deliver services in the manner prescribed

by the department.

3. State-operated behavioral health clinics may provide behavioral health collaborative

care and consultation services, including psychiatric consultation, with private

providers and correctional facility providers.

4. Each state-operated behavioral health clinic must have a behavioral health clinic

advisory group consisting of the human service zone directors of the region served,

the public health directors of the region served, two current county commissioners

appointed by the commissioner of the department or the commissioner's designee,

and five additional members appointed by the commissioner of the department or the

commissioner's designee. Each behavioral health clinic advisory group member must

be a resident of the region the member is appointed to serve. The term of office for

each appointed member is two years and arranged so that the term of three of the

appointed members expires at the end of the first year and the term of the remaining

four appointed members expires at the end of the second year, except for those first

members appointed, three members shall serve a one-year term and four members

shall serve a two-year term. The commissioner of the department or the

commissioner's designee shall select the appointed members of each behavioral

health clinic advisory group on the basis of population of the counties in the region

served by the state-operated behavioral health clinic. Each county in the region must

be represented by at least one member on the behavioral health clinic advisory group.

To the extent possible, appointed membership of the behavioral health clinic advisory

group must reflect regional interests in the fields of mental health and substance use

disorders. The commissioner of the department or the commissioner's designee shall

appoint a chairman for each behavioral health clinic advisory group from the

membership of the behavioral health clinic advisory group. The commissioner of the

department or the commissioner's designee shall fill a vacancy occurring within a

behavioral health clinic advisory group for other than the expiration of a term in the

same manner as original appointments, except that appointments must be made only

for the unexpired term. The department shall compensate appointed members of a

behavioral health clinic advisory group at the rate of forty-five dollars per day, not to

exceed twenty-five days in any one year. The department also shall pay members for

mileage and actual expenses incurred in attending meetings and in the performance of

their official duties in the amounts provided by law for other state officers.
N.D. Cent. Code § 50-25.2-10 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-10
50-25.2-10. Penalty for failure to report - Penalty and civil liability for false reports
Status: in_force

50-25.2-10. Penalty for failure to report - Penalty and civil liability for false reports

1. Any person required to report under subsection 1 of section 50-25.2-03 who willfully

fails to do so is guilty of an infraction.

2. Any person who willfully makes a false report, or provides false information which

causes the report to be made, is guilty of a class B misdemeanor unless the false

report is made to a law enforcement official, in which case the person who causes the

false report to be made is guilty of a class A misdemeanor.

3. A person who willfully makes a false report, or provides false information that causes a

report to be made, is liable in a civil action for all damages suffered by the person

reported.
N.D. Cent. Code § 50-06.5-03 — ND Code / Title 50 / Chapter 50-06.5 / Section 50-06.5-03
50-06.5-03. Requirements of the statewide independent living council
Status: in_force

50-06.5-03. Requirements of the statewide independent living council

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 agency, including a

designated state entity. The council must be independent of and autonomous from the

designated state entity and all other state agencies.

3. At least fifty percent of the directors of the centers for independent living serving the

state, or a designee if unable to meet the residency requirements of the state, must be

members.
N.D. Cent. Code § 50-25.1-20 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-20
50-25.1-20. Alternative response assessment - Compliance
Status: in_force

50-25.1-20. Alternative response assessment - Compliance

If an alternative response assessment is initiated as a result of a report of child abuse or

neglect, a decision that a child is confirmed abused or neglected may not be made if the person

responsible for the child's welfare complies with the resulting referred services and plan of safe

care for the substance exposed infant. The department or authorized agent shall determine

whether a person responsible for the child's welfare has complied with the referred services and

plan of safe care for the substance exposed infant. If the department or authorized agent

determines a person responsible for the child's welfare has not complied with the referred

services and plan of safe care for the substance exposed infant, an assessment of the initial

report of child abuse or neglect may be completed.
N.D. Cent. Code § 50-11-07 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-07
50-11-07. Denial or revocation of license or certification
Status: in_force

50-11-07. Denial or revocation of license or certification

The department may deny or revoke the license or certification of any facility upon proper

showing of any of the following:

1. Any of the conditions set forth in section 50-11-02 as prerequisites for the issuance of

the license or certification do not exist.

2. The application contains false or misleading material information or the applicant

intentionally withheld material information.

3. The license or certification was issued upon false, misleading, or intentionally withheld

material information.

4. An operator, licensee, certification holder, caregiver, employee, or an agent of the

facility has violated a provision of this chapter or any of the rules of the department.

5. An applicant, licensee, or certification holder providing family foster care for children

has been involved in a court action in which a child in their household is currently or

within the last five years has been removed from the home due to a contrary to the

welfare finding issued by a court.

6. An operator, applicant, licensee, certification holder, caregiver, employee, or agent of

the facility has been convicted of an offense determined by the department to have a

direct bearing upon the person's ability to serve the public or residents of the facility, or

the department determines, following conviction of any other offense, the person is not

sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 50-24.1-38 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-38
50-24.1-38. Health-related services - Licensed emergency medical services personnel
Status: in_force

50-24.1-38. Health-related services - Licensed emergency medical services personnel

1. Medical assistance must cover services provided by community emergency medical

services personnel, and other similarly licensed personnel who are licensed or certified

under section 23-27-04.3, if the services are provided to an eligible recipient as

defined by rule. Community emergency medical services personnel services may

include health assessment, chronic disease monitoring and education, immunizations

and vaccinations, laboratory specimen collection, followup care, comprehensive health

and safety assessment, wound management, assess and report compliance with

established care plan, medication management, and other interventions within the

scope of practice for each licensure level as approved by a supervising physician,

physician assistant, or advanced practice registered nurse.

2. The department shall adopt rules governing payments to licensed community

emergency medical services personnel, advanced emergency medical technicians,

and emergency medical technicians for health-related services provided to recipients

of medical assistance, subject to necessary limitations and exclusions. A physician, a

physician assistant, or an advanced practice registered nurse must supervise any care

provided by a licensed community emergency medical services personnel, an

advanced emergency medical technician, or an emergency medical technician.
N.D. Cent. Code § 50-32-02 — ND Code / Title 50 / Chapter 50-32 / Section 50-32-02
50-32-02. Licensing of assisted living facilities - Penalty
Status: in_force

50-32-02. Licensing of assisted living facilities - Penalty

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-five dollars for each facility. License fees collected under this section must be

deposited in the department's operating fund in the state treasury. An expenditure from

the fund is subject to appropriation by the legislative assembly.

3. An assisted living facility shall apply annually to the department for a license. After the

fifty-ninth day following the notification of noncompliance with annual licensing, the

department may assess a fine of up to fifty dollars per day against an entity that

provides assisted living services or uses the term assisted living in its marketing

without a license approved by the department. Fines collected under this section must

be deposited in the department's operating fund in the state treasury. An expenditure

from the fund is subject to appropriation by the legislative assembly.

4. If there are one or more deficiencies or a pattern of deficiencies related to quality of

care or compliance with licensing requirements, the department may issue a

provisional license. A provisional license may not be valid for more than ninety days. A

provisional license may be renewed once for no longer than an additional ninety days.

If the deficiencies have not been corrected upon the expiration of a provisional license,

the department may deny the assisted living facility's application or revoke its license.

5. Religious orders providing individualized support services to vowed members residing

in the order's retirement housing are not subject to this chapter.

6. No more than two people may occupy one bedroom of each living unit of an assisted

living facility.
N.D. Cent. Code § 50-06-05.7 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-05.7
50-06-05.7. Multicounty agreement to administer social service programs - Selection of regional administration
Status: repealed

50-06-05.7. Multicounty agreement to administer social service programs - Selection

of regional administration.

Repealed by S.L. 2019, ch 391, § 139.
N.D. Cent. Code § 50-10.1-01 — ND Code / Title 50 / Chapter 50-10.1 / Section 50-10.1-01
50-10.1-01. Definitions
Status: in_force

50-10.1-01. Definitions

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 department of health and human services.

3. "Long-term care facility" means any skilled nursing facility, basic care facility, nursing

home as defined in subsection 3 of section 43-34-01, assisted living facility, or

swing-bed hospital approved to furnish long-term care services; provided, that a

facility, as defined in section 25-01.2-01, providing services to individuals with

developmental disabilities is not a long-term care facility.

4. "Resident" means an individual residing in and receiving personal care from a

long-term care facility.
N.D. Cent. Code § 50-11.1-22 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-22
50-11.1-22. Best in class program
Status: in_force

50-11.1-22. Best in class program

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 matched with other funds in an amount and manner

established by the department. The department shall assign a program support coach

to each approved program. An approved program:

a. Shall utilize the assigned support coach and utilize the sliding fee scale for parent

fees, as established by the department.

b. May use awarded funds to support the provision of quality early childhood

experiences, including expenditures related to staffing, training, equipment, and

supplies.

c. May not use awarded funds for construction or rehabilitation. An approved

program must enter an agreement with the department.

2. The department may not collect equipment or supplies purchased with awarded funds

from the approved program after successful completion of the term of the agreement.

3. The requirements of chapter 54-44.4 do not apply to the selection of a recipient,

award, or payments made under this section.
N.D. Cent. Code § 50-11-01.5 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-01.5
50-11-01.5. Fire prevention training
Status: in_force

50-11-01.5. Fire prevention training

Before initial licensure, or certification and each renewal under this chapter, each family

foster home for children shall complete a course of instruction related to fire prevention and

safety. The state fire marshal shall design the course in cooperation with the department of

health and human services. The course must be available to the public as designed by the

department. The department of health and human services shall offer the course throughout the

state.
N.D. Cent. Code § 50-24.5-02.4 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-02.4
50-24.5-02.4. Adult residential facility payment rates - Report
Status: in_force

50-24.5-02.4. Adult residential facility payment rates - Report

1. The department shall require an adult residential facility to submit cost reports and

supplemental information by October 31, 2025, which the department shall use to pay

the facility its current costs beginning January 1, 2026.

2. The department shall require adult residential facilities to submit cost reports and

supplemental information by December 31, 2026, which the department shall use to

provide a rate recalculation beginning July 1, 2027.
N.D. Cent. Code § 50-24.1-11 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-11
50-24.1-11. Joint Medicaid payment account - North Dakota vision services - school for the blind
Status: repealed

50-24.1-11. Joint Medicaid payment account - North Dakota vision services - school

for the blind.

Repealed by S.L. 2019, ch. 408, § 39.
N.D. Cent. Code § 50-32-02.1 — ND Code / Title 50 / Chapter 50-32 / Section 50-32-02.1
50-32-02.1. Continuation of existing licenses
Status: in_force

50-32-02.1. Continuation of existing licenses

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 assisted living facility meets all other licensing

requirements.

2. If there is a change in ownership of an assisted living facility that possessed a valid

license issued before August 1, 2005, the department shall allow a continuance of the

exception to the licensure requirements under subsection 1 for the new owner. The

continuance provided under this subsection applies to the first change in ownership

after July 31, 2005, and does not apply to any subsequent change in ownership.
N.D. Cent. Code § 50-24.1-01 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-01
50-24.1-01. Purpose
Status: in_force

50-24.1-01. Purpose

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

independence or self-care.
N.D. Cent. Code § 50-12-01 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-01
50-12-01. Definitions
Status: in_force

50-12-01. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Child-placing agency" means any person undertaking to place children in family

homes for temporary or permanent care.

2. "Placement" means the transfer of physical custody of a child from a birth parent for

foster or adoptive care until an adoption is finalized.
N.D. Cent. Code § 50-25.1-14 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-14
50-25.1-14. Unauthorized disclosure of reports - Penalty
Status: in_force

50-25.1-14. Unauthorized disclosure of reports - Penalty

Any individual who permits or encourages the unauthorized disclosure of reports made or

confidential information obtained under the provisions of this chapter is guilty of a class B

misdemeanor.
N.D. Cent. Code § 50-24.1-14 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-14
50-24.1-14. Responsibility for expenditures
Status: in_force

50-24.1-14. Responsibility for expenditures

Notwithstanding section 50-24.1-34, expenditures required under this chapter are the

responsibility of the federal government or the state of North Dakota.
N.D. Cent. Code § 50-24.4-28 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-28
50-24.4-28. Implementation
Status: in_force

50-24.4-28. Implementation

The department shall seek appropriations to implement this chapter during and after the

rate year beginning January 1, 1990.
N.D. Cent. Code § 50-24.1-40 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-40
50-24.1-40. Medical assistance - Tribal health care coordination agreements - Continuing appropriation - Report to legislative management
Status: in_force

50-24.1-40. Medical assistance - Tribal health care coordination agreements -

Continuing appropriation - Report to legislative management.

1. As used in this section:

a. "Care coordination agreement" means an agreement between a health care

provider and tribal health care organization which will result in one hundred

percent federal funding for eligible medical assistance provided to an American

Indian.

b. "Tribal health care organization" means Indian health services or a tribal entity

providing health care under the federal Indian Self-Determination and Education

Assistance Act of 1975 [Pub. L. 93-638; 88 Stat. 2203; 25 U.S.C. 5301 et seq.].

2. The department shall facilitate care coordination agreements. Of any federal funding

received in excess of the state's regular share of federal medical assistance funding

which results from care coordination agreements, the department shall deposit eighty

percent in the tribal health care coordination fund and twenty percent in the general

fund.

3. There is created in the state treasury a tribal health care coordination fund.

a. Moneys in the fund are appropriated to the department on a continuing basis for

distribution to a tribal government in accordance with an agreement between the

department and a tribal government. The agreement between the department

and a tribal government must require the tribe to:

(1) Use the money distributed under this section for purposes related to the

ten essential services of public health identified by the federal centers for

disease control and prevention and the development or enhancement of

community health representative programs or services.

(2) Submit to the department annual reports detailing the use of the money

distributed under this section.

(3) Submit to the department every two years an audit report, conducted by an

independent licensed certified public accountant, of the tribal government

use of the money distributed under this section. A tribal government may

use money distributed under this section to pay for this audit report. At the

discretion of a tribal government, an audit may be conducted more often

than every two years.

b. The distribution of moneys from the fund to a tribal government must be in

proportion to the federal funding received from care coordination agreement

requests for services originating from within that tribal nation.

c. At least annually, upon completion of any auditing and verification actions of the

department, the department shall distribute moneys from the fund to the tribal

government.

d. If a tribal government fails to file with the department a timely annual report or

audit report, the department shall withhold distribution of moneys from the fund to

the tribal government until the report is filed.

e. If an audit report or the department's review of the annual report finds a tribal

government used moneys distributed from the fund for a purpose inconsistent

with this section, the department shall withhold future distributions to that tribal

government in an amount equal to the money used improperly. The department

shall distribute money withheld from a tribal government under this subdivision if

a future audit report indicates moneys distributed from the fund are used for

purposes consistent with this section.

4. Before August of each even-numbered year, the department shall compile and

summarize the annual reports and audit reports from the participating tribal

governments data and provide the legislative management with a biennial report on

the fund. Each participating tribe shall compile data and provide the legislative

management with a biennial report on the tribe's use of money distributed from the

fund.
N.D. Cent. Code § 50-24.1-13 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-13
50-24.1-13. Provider reimbursement rates
Status: repealed

50-24.1-13. Provider reimbursement rates

Repealed by S.L. 2019, ch. 408, § 39.
N.D. Cent. Code § 50-11-01 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-01
50-11-01. Foster care for children - License, certification, or approval required
Status: in_force

50-11-01. Foster care for children - License, certification, or approval required

1. A person may not furnish foster care for children for more than thirty days during a

calendar year without first procuring a license, certification, or approval to do so from

the department. The mandatory provisions of this section requiring licensure,

certification, or approval do not apply when the care is provided in:

a. The home of an identified relative.

b. The home of a kinship relative.

c. A home or institution under the management and control of the state or a political

subdivision.

d. A home or facility furnishing room and board primarily to accommodate the child's

educational or career and technical education needs.

2. An individual providing care under subdivision a of subsection 1 shall submit to a

criminal history record investigation as required under section 50-11-06.8.

3. The family foster care for children license, certification, or approval is nontransferable

and valid only for the applicants residing at a physical location noted at the time of

issuance, unless otherwise approved by the department. Only one family foster home

for children license, certification, or approval is permitted for each physical location.
N.D. Cent. Code § 50-09-32 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-32
50-09-32. Disclosure of identity of child support obligors
Status: repealed

50-09-32. Disclosure of identity of child support obligors

Repealed by S.L. 2025, ch. 146, § 8.
N.D. Cent. Code § 50-09-18 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-18
50-09-18. Persons handling money of fund bonded
Status: repealed

50-09-18. Persons handling money of fund bonded

Repealed by S.L. 1997, ch. 403, § 13.
N.D. Cent. Code § 50-33-02 — ND Code / Title 50 / Chapter 50-33 / Section 50-33-02
50-33-02. Child care assistance - Application for benefits - Applicant's duty to establish eligibility - Decisions - Rules
Status: in_force

50-33-02. Child care assistance - Application for benefits - Applicant's duty to

establish eligibility - Decisions - Rules.

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 department. The applicant shall complete, sign, and date the

application. Eligibility begins on the first day of the month in which a signed and dated

application is received by the human service zone. Eligibility may begin on the first day

of the month prior to the month in which a signed and dated application is received by

the human service zone, if the applicant requests child care assistance for that month

and demonstrates eligibility in that month.

2. The applicant shall provide information sufficient to establish the eligibility of each

individual for whom assistance is requested, including the age, verification of relative

relationship, citizenship or resident alien status of the children, verification of

participation in an allowable activity, and financial eligibility.

3. An eligibility decision must be made within thirty days on child care assistance

applications whenever possible. The human service zone shall notify the applicant

following a determination of eligibility or ineligibility.

4. The department shall establish rules for the administration of the child care assistance

program, including rules on income requirements, appeals of eligibility determinations

for child care assistance, closure of a child care assistance case, and a sliding scale

fee schedule for child care assistance benefits to be adjusted annually based on

information from a market study and a cost study, and to establish and enforce

standards against program fraud and abuse.
N.D. Cent. Code § 50-11-00.1 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-00.1
50-11-00.1. Definitions
Status: in_force

50-11-00.1. Definitions

As used in this chapter:

1. "Agency foster home for adults" means a residential home in which foster care for

adults is regularly provided by professional staff trained to provide services to older

adults or adults with a disability, to four or fewer adults who are not related by blood or

marriage to the owner or lessee, for hire or compensation.

2. "Approval" means the approval of tribal foster care facilities by the department, upon

submission of tribal licensing standards or in the absence of tribal licensing standards

compliance with state standards, of a facility located on or near, as identified by the

tribe, a recognized Indian reservation in North Dakota, not subject to the jurisdiction of

the state of North Dakota for licensing purposes, to allow the facility to receive title

IV-E funding.

3. "Authorized agent" means the human service zone, unless another entity is

designated by the department.

4. "Certified family foster home for children" means an occupied private residence in

which foster care for children is regularly provided by the owner or lessee of the

residence to no more than three children, unless the department approves otherwise.

5. "Department" means the department of health and human services.

6. "Facility" means a foster home for adults, agency foster home for adults, family foster

home for children, certified family foster home for children, supervised independent

living program, or qualified residential treatment program for children.

7. "Family foster home for children" means an occupied private residence in which foster

care for children is regularly provided by the owner or lessee of the residence to no

more than six children, unless the department approves otherwise.

8. "Foster care for adults" means the provision of food, shelter, security and safety,

guidance, and comfort on a twenty-four-hour per day basis, in the residential home of

a caregiver or agency, to an individual age eighteen or older, who is unable, neglects,

or refuses to provide for the individual's own care.

9. "Foster care for children" means the provision of substitute parental child care for

those children who are in need of care for which the child's parent, guardian, or

custodian is unable, neglects, or refuses to provide, and includes the provision of food,

shelter, security and safety, guidance, and comfort on a twenty-four-hour basis, to one

or more children under twenty-one years of age to safeguard the child's growth and

development and to minimize and counteract hazards to the child's emotional health

inherent in the separation from the child's family. Foster care may be provided in a

licensed, certified, or approved family foster home for children, supervised

independent living program, or qualified residential treatment program.

10. "Foster home for adults" means an occupied private residence in which foster care for

adults is regularly provided by the owner or lessee of the residence, to four or fewer

adults who are not related by blood or marriage to the owner or lessee, for hire or

compensation.

11. "Identified relative" or "kinship relative" means:

a. The child's grandparent, great-grandparent, sibling, half-sibling, aunt, great-aunt,

uncle, great-uncle, nephew, niece, or first cousin;

b. An individual with a relationship to the child, derived through a current or former

spouse of the child's parent, similar to a relationship described in subdivision a;

c. An individual recognized in the child's community as having a relationship with

the child similar to a relationship described in subdivision a; or

d. The child's stepparent.

12. "Qualified residential treatment program" means a licensed or approved residence

providing an out-of-home treatment placement for children.

13. "Supervised independent living program" means a licensed or approved setting

providing supervision and service delivery to youth transitioning into adulthood.
N.D. Cent. Code § 50-06-35 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-35
50-06-35. Department food assistance contracts
Status: in_force

50-06-35. Department food assistance contracts

The department shall contract with a statewide charitable food recovery and distribution

organization to develop and implement new methods of delivering charitable food assistance

services in underserved counties, to include a mobile food pantry program and prepacked food

basket program; expand the recovery of surplus food from the retail and wholesale food industry

for distribution to charitable feeding programs; provide training, technical assistance, and

equipment grants to community food pantries and emergency meal programs; and develop a

cross-referral system between charitable feeding programs and government assistance

programs that help clients achieve self-sufficiency.
N.D. Cent. Code § 50-06-45 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-45
50-06-45. North Dakota legislative health care task force - Duties - Membership - Legislative management report
Status: in_force

50-06-45. North Dakota legislative health care task force - Duties - Membership -

Legislative management report.

There is created a North Dakota legislative health care task force. The task force shall meet

at least once each quarter and may request, obtain, review, and analyze information relating to

North Dakota health care, including data, reports, audits, and other information as requested by

the task force. The department of health and human services shall provide staff services for the

task force. The task force shall submit a report of its activities and any recommendations to

improve health care in the state to the legislative management by October first of each year.

The chairman of the task force must be a member of the legislative assembly appointed by the

chairman of the legislative management. The chairman of the task force may invite guests to

participate in task force activities. The task force consists of the following members:

1. The chairman of the house appropriations committee human resources division, or the

chairman's designee;

2. The chairman of the senate appropriations committee human resources division, or

the chairman's designee;

3. The chairman of the house human services committee, or the chairman's designee;

4. The chairman of the senate human services committee, or the chairman's designee;

5. One member of the house of representatives as appointed by the house minority

leader;

6. One member of the senate as appointed by the senate minority leader;

7. The commissioner of the department of health and human services, or the

commissioner's designee;

8. Two members of the department of health and human services, including the state

health officer and one member appointed by the commissioner of the department of

health and human services;

9. One member from the governor's office, appointed by the governor;

10. The insurance commissioner, or the insurance commissioner's designee;

11. Two members to represent the North Dakota health insurance industry;

12. One member of the public, appointed by an organization that represents North Dakota

businesses;

13. One member appointed by the Indian affairs commissioner to represent tribal health

care;

14. One member from a North Dakota association that represents physicians;

15. Five members from a North Dakota association that represents hospitals, of which:

a. Two members must represent rural hospitals, including one representative of a

hospital in a city with a population of ten thousand or more and one

representative of a hospital in a city with a population under ten thousand;

b. Two members must represent urban hospitals, including one representative of an

independent hospital and one representative of an integrated health care system;

and

c. One member must represent a psychiatric hospital; and

16. Any other members appointed by the chairman of legislative management.
N.D. Cent. Code § 50-09-24 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-24
50-09-24. Limitations of chapter
Status: in_force

50-09-24. Limitations of chapter

All assistance awarded under this chapter must be deemed to be awarded and to be held

subject to the provisions of any amending or repealing act which may be passed, and no

recipient shall have any claim for compensation, or otherwise, because that recipient's

assistance has been affected in any way by any amending or repealing act. Assistance provided

under this chapter is not an entitlement. No person has a property interest in any assistance

sought or provided under this chapter. This chapter may not be construed to require provision of

assistance not required by federal law.
N.D. Cent. Code § 50-32-03 — ND Code / Title 50 / Chapter 50-32 / Section 50-32-03
50-32-03. Powers and duties of the department
Status: in_force

50-32-03. Powers and duties of the department

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 the licensing of assisted living facilities to regulate the

application for, approval, denial, revocation, and requirements of a license.
N.D. Cent. Code § 50-24.1-28.1 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-28.1
50-24.1-28.1. Pharmacy management program
Status: in_force

50-24.1-28.1. Pharmacy management program

The department shall establish a pharmacy management program to be used by the

medical assistance program for Medicaid expansion for prescription drug coverage. The

department shall process claims through the department's existing pharmacy claims system and

Medicaid management information system and provide the contracted managed care plan with

a daily pharmacy claims file for Medicaid expansion recipients.
N.D. Cent. Code § 50-11.1-27 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-27
50-11.1-27. North Dakota early childhood council members - Reimbursements for expenses
Status: repealed

50-11.1-27. North Dakota early childhood council members - Reimbursements for

expenses.

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 50-11.1-26 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-26
50-11.1-26. North Dakota early childhood council - Duties - Reports
Status: repealed

50-11.1-26. North Dakota early childhood council - Duties - Reports

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 50-06.1-01 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-01
50-06.1-01. Definitions
Status: in_force

50-06.1-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Department" means the department of health and human services.

2. "Division" means the vocational rehabilitation division.

3. "Division executive director" means the director of the vocational rehabilitation division.

4. "Rules" means rules adopted by the division executive director with the approval of the

commissioner of the department or commissioner's designee.
N.D. Cent. Code § 50-25.1-01 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-01
50-25.1-01. Purpose
Status: in_force

50-25.1-01. Purpose

It is the purpose of this chapter to protect the health and welfare of children by encouraging

the reporting of children who are known to be or suspected of being abused or neglected; the

providing of adequate services for the protection and treatment of abused and neglected

children and to protect them from further harm; the identifying of the cause of children's deaths,

when possible; the identifying of those circumstances that contribute to children's deaths; and

the recommending of changes in policy, practices, and law to prevent children's deaths.
N.D. Cent. Code § 50-06-06.2 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.2
50-06-06.2. Clinic services - Provider qualification - Utilization of federal funds
Status: in_force

50-06-06.2. Clinic services - Provider qualification - Utilization of federal funds

Within the limits of legislative appropriation therefor and in accordance with rules

established by the department, the department may defray the costs of preventive diagnostic,

therapeutic, rehabilitative, or palliative items or services furnished medical assistance eligible

individuals by state-operated behavioral health clinics or designated behavioral health providers.

Within the limits of legislative appropriations and to the extent permitted by state and federal law

and regulations established thereunder, it is the intent of the legislative assembly that federal

funds available under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.] be utilized to

defray the costs of identifiable mental health clinic services furnished eligible individuals in state-

operated behavioral health clinics and that federal funds available under title XX of the Social

Security Act [42 U.S.C. 1397 et seq.] be utilized to defray the costs of identifiable human

services furnished to eligible individuals by human service zones and state-operated behavioral

health clinics.
N.D. Cent. Code § 50-01.1-06 — ND Code / Title 50 / Chapter 50-01.1 / Section 50-01.1-06
50-01.1-06. Human service zone directors
Status: in_force

50-01.1-06. Human service zone directors

Human service zone directors:

1. Must be employees of the human service zone.

2. Shall serve as the presiding officer of the human service zone board.

3. May serve one or more human service zones.

4. May hire, take disciplinary actions, and direct the work of a human service zone team

member in accordance with the department's policies. The human service zone

director has discretion to hire or separate from employment a human service zone

team member, on behalf of the human service zone board, subject to the allotted

number of approved and funded staff positions by the department.

5. Shall notify the department and appropriate host county staff, as directed by the

county commissioners, regarding the hiring, dismissal, demotion, suspension without

pay, forced relocation within the human service zone, reduction-in-force, or reprisal of

a human service zone team member.

6. May notify county commissioners, the human service zone board, or other appropriate

county staff regarding transfers of staff between the county and the department.

7. Shall establish, as agreed upon by the department, equitable compensation and salary

increases for all human service zone team members within established appropriation.

8. Shall develop a budget for the human service zone in partnership with the department

and other human service zone directors to ensure the administration of human

services.

9. May serve as a designee of the department to supervise department employees

assigned to or located within the human service zone.

10. Are the custodian designees of the commissioner of the department for any child in the

custody of the department.
N.D. Cent. Code § 50-12-14.1 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-14.1
50-12-14.1. Conditions for placement of children in state - Consent of department required
Status: in_force

50-12-14.1. Conditions for placement of children in state - Consent of department

required.

Any person undertaking to bring or to send a child into this state for placement in foster

care, as a preliminary to a possible adoption, or for guardianship shall furnish the department of

health and human services with written notice of the intention to send, bring, or place the child in

the state and shall obtain prior written consent from the department for each child to be so

placed. The notice must contain:

1. The name, date, and place of birth of the child;

2. The identity and address or addresses of the parent or legal guardian;

3. The name and address of the person, agency, or institution to or with which the child is

proposed to be placed;

4. A full statement of the reasons for such proposed action and evidence of the authority

pursuant to which the placement is proposed to be made; and

5. Any supporting or additional information as the department determines necessary

under the circumstances.

This section does not apply to the sending or bringing of a child into this state by the child's

parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child's

guardian and leaving the child with any such relative or nonagency guardian in this state.
N.D. Cent. Code § 50-17-02 — ND Code / Title 50 / Chapter 50-17 / Section 50-17-02
50-17-02. State accepts provisions of agreement - Conditions
Status: in_force

50-17-02. State accepts provisions of agreement - Conditions

The contracts or agreements made by the governor under the provisions of section

50-17-01 may include the conditions and provisions set forth in the following sections and such

other conditions or provisions as the governor may deem necessary or advisable to enable this

state to secure the benefits to which it may be entitled under any act of the Congress of the

United States providing for the relief of unemployment. The state of North Dakota accepts,

assents to, and promises to perform such contracts or agreements.
N.D. Cent. Code § 50-24.8-13 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-13
50-24.8-13. Cooperation of governmental agencies with Medicaid fraud control unit
Status: in_force

50-24.8-13. Cooperation of governmental agencies with Medicaid fraud control unit

All local, county, and state departments and agencies shall cooperate with the Medicaid

fraud control unit and the unit's agents and employees to effectuate the purposes of the unit.
N.D. Cent. Code § 50-24.1-44 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-44
50-24.1-44. Interpreter services
Status: in_force

50-24.1-44. Interpreter services

Medical assistance coverage, including Medicaid expansion, must include payment for sign

and oral language interpreter services for assistance in providing covered health care services

to a recipient of medical assistance who has limited English proficiency or who has hearing loss

and uses interpreting services. The department shall adopt rules to implement this section.
N.D. Cent. Code § 50-24.4-13 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-13
50-24.4-13. Exclusion
Status: in_force

50-24.4-13. Exclusion

Until procedures for determining operating cost payment rates according to mix of resident

needs are established for nursing homes that exclusively provide residential services for

nongeriatric individuals with physical disabilities or units within nursing homes which exclusively

provide geropsychiatric services, such nursing homes or units within nursing homes may not be

included in the calculation of the limits of any cost categories. Each of these nursing homes or

units within nursing homes shall receive its actual allowed historical operating cost per diem

adjusted by the inflation rate for nursing home services used to develop the legislative

appropriation for the department, and which the department determines to be relevant to

residential services for nongeriatric individuals with physical disabilities or geropsychiatric

services.
N.D. Cent. Code § 50-06.1-05 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-05
50-06.1-05. Administration of vocational rehabilitation
Status: in_force

50-06.1-05. Administration of vocational rehabilitation

Except as otherwise provided by law, the department shall provide vocational rehabilitation

services to disabled individuals determined by the division executive director to be eligible

therefor. In carrying out the purposes of this chapter, the division, among other things, may:

1. Cooperate with other departments, agencies, and institutions, both public and private,

in providing for the vocational rehabilitation of disabled individuals, in studying the

problems involved therein, and in establishing, developing, and providing, in

conformity with the purposes of this chapter relating to vocational rehabilitation, such

programs, facilities, and services as may be necessary or desirable.

2. Enter into reciprocal agreements with other states to provide for the vocational

rehabilitation of residents of the states concerned.

3. Conduct research and compile statistics relating to the vocational rehabilitation of

disabled individuals.
N.D. Cent. Code § 50-01-07.1 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-07.1
50-01-07.1. County social service board to be substituted for county welfare board
Status: repealed

50-01-07.1. County social service board to be substituted for county welfare board

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-01-27 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-27
50-01-27. State of residence for county general assistance purposes
Status: in_force

50-01-27. State of residence for county general assistance purposes

A person who is a resident of this state for purposes of chapter 50-24.5 is a resident of this

state for county general assistance purposes. If a person moves from this state for other than a

temporary purpose, the person's residency in this state for county general assistance purposes

is lost. Residency in this state is presumed lost if:

1. The person plans to be absent or has been absent from this state for one year or

longer; or

2. The person receives any form of public or general assistance, while in another state,

which is available only to residents of that state.
N.D. Cent. Code § 50-24.1-20 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-20
50-24.1-20. Home and community-based living - Choice of options
Status: in_force

50-24.1-20. Home and community-based living - Choice of options

Any aged or disabled individual who is eligible for home and community-based living must

be allowed to choose, from among all service options available, the type of service that best

meets that individual's needs. To the extent permitted by any applicable waiver, the individual's

medical assistance funds must follow the individual for whichever service option the individual

selects, not to exceed the cost of the service.
N.D. Cent. Code § 50-31-01 — ND Code / Title 50 / Chapter 50-31 / Section 50-31-01
50-31-01. Definitions
Status: in_force

50-31-01. Definitions

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 medication or collects samples for drug testing or

analysis.

3. "Opioid treatment program" means a program through which medication is dispensed

in the treatment of opioid addiction.
N.D. Cent. Code § 50-28-04 — ND Code / Title 50 / Chapter 50-28 / Section 50-28-04
50-28-04. Compact administration
Status: in_force

50-28-04. Compact administration

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 administrator as the

commissioner or designee deems necessary.

2. The compact administrator shall:

a. Coordinate all activities under this compact within this state;

b. Be the principal contact for officials and agencies within and without this state for

the facilitation of interstate relations involving this compact and benefits and

services provided under this compact; and

c. Assist child welfare agency staff from other party states and adoptive families

receiving adoption and medical assistance on an interstate basis.

3. Acting with compact administrators from other party states, the compact administrator:

a. Shall develop uniform forms and administrative procedures for the interstate

monitoring and delivery of adoption and medical assistance benefits and services

pursuant to this compact; and

b. May enter into supplementary agreements, not inconsistent with the compact,

with some or all party states, provided that no supplementary agreement may

relieve a party state of any obligation to provide adoption and medical assistance

in accordance with applicable state and federal law and this compact.
N.D. Cent. Code § 50-24.8-03 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-03
50-24.8-03. Limitation of actions
Status: in_force

50-24.8-03. Limitation of actions

1. A civil action filed under this chapter must be brought by the later of:

a. Six years after the date on which the violation was committed; or

b. Three years after the date facts material to the right of action are known or

reasonably should have been known by the official of the state charged with

responsibility to act in the circumstances.

2. An action may not be brought pursuant to subdivision b of subsection 1 more than ten

years after the date on which the violation was committed.
N.D. Cent. Code § 50-09-08 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-08
50-09-08. Investigations - Power of human service zone, state agency, and employees
Status: in_force

50-09-08. Investigations - Power of human service zone, state agency, and

employees.

1. In the investigation of applications under the provisions of this chapter, the human

service zone, the state agency, and the officials and employees of such agencies

charged with the administration and enforcement of this chapter may:

a. Conduct examinations;

b. Require the attendance of witnesses and the production of books, records, and

papers; and

c. Make application to the district court of the county to compel the attendance of

witnesses and the production of books, records, and papers.

2. The state agency may request from other state, county, human service zones, and

local agencies information deemed necessary to carry out the child support

enforcement program. All officers and employees of state, county, and local agencies

shall cooperate with the state agency in locating absent parents of children to whom

an obligation of support is owed or on whose behalf assistance is being provided and,

on request, shall supply the state agency with available information relative to the

location, income, social security number, and property holdings of the absent parent,

notwithstanding any provision of law making that information confidential. Any person

acting under the authority of the state agency who pursuant to this subsection obtains

information from the office of the state tax commissioner, the confidentiality of which is

protected by law, may not divulge such information except to the extent necessary for

the administration of the child support enforcement program or when otherwise

directed by judicial order or when otherwise provided by law.

3. The officers and employees designated by the human service zones or the state

agency may administer oaths and affirmations.
N.D. Cent. Code § 50-06-02 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-02
50-06-02. Social service board - Members - Appointment
Status: repealed

50-06-02. Social service board - Members - Appointment

Repealed by S.L. 1981, ch. 486, § 37.
N.D. Cent. Code § 50-24.4-06 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-06
50-24.4-06. Rate determination
Status: in_force

50-24.4-06. Rate determination

1. The department shall determine prospective payment rates for resident care costs.

The department shall develop procedures for determining operating cost payment

rates that take into account the mix of resident needs and other factors as determined

by the department.

2. The department shall establish, by rule, limitations on compensation recognized in the

historical base for top management personnel. Compensation for top management

personnel must be categorized as a general and administrative cost and is subject to

any limits imposed on that cost category.

3. For purposes of determining rates, the department shall:

a. Include, contingent upon approval of the Medicaid state plan by the centers for

Medicare and Medicaid services, allowable bad debt expenses in an amount not

to exceed one hundred eighty days of resident care per year or an aggregate of

three hundred sixty days of resident care for any one individual; and

b. Include allowable bad debt expenses in the property cost category in the report

year in which the bad debt is determined to be uncollectible with no likelihood of

future recovery.

c. Notwithstanding section 50-24.4-07, include as an allowable cost any tax paid by

a basic care or nursing facility due to provisions of the federal Patient Protection

and Affordable Care Act [Pub. L. 111-148], as amended by the Health Care and

Education Reconciliation Act of 2010 [Pub. L. 111-152].
N.D. Cent. Code § 50-06-06.14 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.14
50-06-06.14. Placement of children - Least restrictive care
Status: in_force

50-06-06.14. Placement of children - Least restrictive care

The department and human service zones shall explore the option of kinship care if a child

is unable to return home due to safety concerns. Absent kinship options, the department and

human service zones shall provide permanency options that are in the least restrictive care and

near the family's home as required by the federal Adoption and Safe Family Act of 1997

[Pub. L. 105-89; 111 Stat. 2115; 42 U.S.C. 671].
N.D. Cent. Code § 50-24.5-04 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-04
50-24.5-04. Services provided - Limit on cost
Status: in_force

50-24.5-04. Services provided - Limit on cost

Services provided under this chapter must be treated as necessary remedial care to the

extent those services are not covered under the medical assistance program. The cost of the

services provided under this chapter to a person residing in a basic care facility for which the

rate charged includes room and board is limited to the rate set for services in that facility, plus

the amount allowed as the personal needs allowance, less that person's total income.
N.D. Cent. Code § 50-06-04 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-04
50-06-04. Members of board - Compensation
Status: repealed

50-06-04. Members of board - Compensation

Repealed by S.L. 1981, ch. 486, § 37.
N.D. Cent. Code § 50-01.1-10 — ND Code / Title 50 / Chapter 50-01.1 / Section 50-01.1-10
50-01.1-10. Human service zones accepting gifts and donations
Status: in_force

50-01.1-10. Human service zones accepting gifts and donations

A human service zone shall secure, hold, and administer for the purpose for which the

human service zone is established any property and any funds donated to the human service

zone either by will or deed, or otherwise, or through court order or otherwise available to the

human service zone, and to administer the funds or property in accordance with the instructions

in the instrument creating the funds or property or in accordance with the instructions in the

court order or otherwise. Property and funds received by a human service zone under this

section are not considered income to the human service zone.
N.D. Cent. Code § 50-01-17.2 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-17.2
50-01-17.2. Community work experience programs - Development
Status: in_force

50-01-17.2. Community work experience programs - Development

The department of health and human services may develop community work experience

programs through agreements with any public entity, nonprofit agency or organization, or in

conjunction with, or through utilization of, applicable federal programs. The number of hours to

be worked may be determined by dividing the amount of the assistance payment by the

prevailing minimum wage.
N.D. Cent. Code § 50-24.4-11 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-11
50-24.4-11. Adjustment of historical operating costs
Status: in_force

50-24.4-11. Adjustment of historical operating costs

1. The department may allow a one-time adjustment to historical operating costs of a

nursing home that has been found by the department to be significantly below

care-related minimum standards appropriate to the mix of resident needs in that

nursing home when it is determined by the department that the nursing home is unable

to meet minimum standards through reallocation of nursing home costs and efficiency

incentives or allowances. In developing procedures to allow adjustments, the

department shall specify the terms and conditions governing any additional payments

made to a nursing home as a result of the adjustment. The department shall establish

procedures to recover amounts paid under this section, in whole or in part, and to

adjust current and future rates, for nursing homes that fail to use the adjustment to

satisfy care-related minimum standards.

2. If the department learns that unallowable expenditures have been included in the

nursing home's historical operating costs, the department shall disallow the

expenditures and recover the entire overpayment out of future payments otherwise

due to the nursing home under chapter 50-24.1, or otherwise, as the department may

determine.
N.D. Cent. Code § 50-10.1-07 — ND Code / Title 50 / Chapter 50-10.1 / Section 50-10.1-07
50-10.1-07. Confidentiality and disclosure of records and files
Status: in_force

50-10.1-07. Confidentiality and disclosure of records and files

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, consents in writing to the release of

the information and designates to whom the information must be disclosed;

2. The ombudsman authorizes a disclosure which does not reveal the identity of any

complainant or resident; or

3. A court of competent jurisdiction orders the disclosure.
N.D. Cent. Code § 50-01.1-02.1 — ND Code / Title 50 / Chapter 50-01.1 / Section 50-01.1-02.1
50-01.1-02.1. Financial incentives for creation of multicounty social service districts
Status: repealed

50-01.1-02.1. Financial incentives for creation of multicounty social service districts

Repealed by S.L. 2019, ch 391, § 139.
N.D. Cent. Code § 50-06-19 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-19
50-06-19. Exemption from insurance premium tax
Status: in_force

50-06-19. Exemption from insurance premium tax

No tax otherwise due under section 26.1-03-17 may be required of a stock or mutual

insurance company, nonprofit health service corporation, or health maintenance organization

with respect to service fees collected by any third-party administrator providing administrative

services or premiums, capitation payments, or policy fees paid by the department for coverage

or services provided to a recipient of benefits.
N.D. Cent. Code § 50-01.1-04 — ND Code / Title 50 / Chapter 50-01.1 / Section 50-01.1-04
50-01.1-04. Plan - Financing - Human service zone board
Status: in_force

50-01.1-04. Plan - Financing - Human service zone board

1. A plan for the creation of a human service zone must describe the method of operation

of the human service zone office, its administration, its location and the location of any

ancillary offices, the disbursements from public funds, and the accountability for funds

and manner of reporting receipts and disbursements. The plan must provide for the

distribution of property owned by each of the county agencies affected by the

consolidation and for the method of resolution of any disagreement between the

boards of county commissioners involved in the human service zone or between the

governing board and one or more boards of county commissioners. The plan must

also require the participating counties to participate in the indirect cost allocation plan.

The plan, once approved, may be continued for a definite term or until rescinded,

terminated, or modified by the department or approved by the department through a

process developed by the department and in accordance with section 50-01.1-02.

2. The human service zone director shall prepare a proposed budget for the human

service zone at the time and in the manner as requested by the department and shall

submit the department-approved proposed budget to the board of county

commissioners of each county in the human service zone for review. The board of

county commissioners may not take any action to amend or modify the amount

approved by the department. The board of county commissioners may make

recommendations to the human service zone director and the department to amend or

modify the amount proposed or budgeted. The amount budgeted must be sufficient to

defray the anticipated expenses of administration and the delivery of human services.

Within ten days following review of the proposed budget by the boards of county

commissioners, the human service zone director shall certify the budget to the

respective county auditors of the counties in the district. Each board of county

commissioners also shall budget and approve amounts sufficient to defray that

county's anticipated indirect costs of the human service zone. Indirect costs of the

human service zone may not become direct costs without written approval of the

department. Counties may not direct bill human service zones or the department as

counties will receive reimbursement of costs through the indirect cost plan and any

other expense incurred by the human service zone must be incurred through the

human service zone's approved budget. The amounts budgeted, reviewed, and

approved by the several boards of county commissioners or the department, or both

must be periodically deposited with the treasurer of the host county in which the

human service zone office is located and must be placed in a special human service

zone human services fund. Indirect cost payments received by the human service

zone are not required to be deposited in the special human service zone human

services fund. The human service zone's income must be deposited into the human

service zone human services fund by the treasurer of the host county. The human

service zone board shall establish procedures for the review and approval of all claims

against the human service zone human services fund. The human service zone

director or designee shall approve or ratify all claims against the human service zone

human services fund. The county treasurer of the host county, shall pay approved or

ratified claims from the human service zone human services fund. Unexpended human

service zone human services funds remaining at the end of a fiscal year may be

carried over to the next fiscal year pursuant to section 50-35-05. The department may

recalculate and adjust each human service zone's payment based on pertinent factors,

which include actual expenditures over the prior or current payment period, current

costs, offered services, need, income, performance of duties directed or assigned and

supervised by the department, and caseload.
N.D. Cent. Code § 50-24.5-01 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-01
50-24.5-01. Definitions
Status: in_force

50-24.5-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Adult residential facility" means a licensed basic care facility that meets the program

and provider requirements of the Medicaid 1915(c) home and community-based

services aged and disabled waiver, specializing in the care of individuals eligible for

services under a medical assistance home and community-based waiver or similar

program with chronic moderate to severe memory loss or significant emotional,

behavioral, or cognitive impairment, which provides therapeutic, social, and

recreational programming and assistance with activities of daily living and instrumental

activities of daily living.

2. "Aged" means at least sixty-five years of age.

3. "Blind" has the same meaning as the term has when used by the social security

administration in the supplemental security income program under titles II and XVI of

the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].

4. "Congregate housing" means housing shared by two or more individuals not related to

each other which is not provided in an institution.

5. "Department" means the department of health and human services.

6. "Disabled" has the same meaning as the term has when used by the social security

administration in the supplemental security income program under titles II and XVI of

the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].

7. "Eligible beneficiary" means a resident of this state who:

a. (1) Is aged; or

(2) Is at least eighteen years of age and is disabled or blind;

b. (1) Has applied for and is eligible to receive and receives benefits under title

XIX of the Social Security Act [42 U.S.C. 1396 et seq.], and who has applied

for and is receiving benefits, if the individual is eligible to receive benefits,

under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and

42 U.S.C. 1381 et seq.]; or

(2) Has applied for and is eligible to receive and receives benefits under section

50-24.1-37 for long-term services and supports pursuant to an asset test

established under title XIX of the Social Security Act [42 U.S.C. 1396

et seq.] and section 50-24.1-02;

c. Meets the requirements of section 23-09.3-08.1;

d. Based on a functional assessment, is not severely impaired in any of the activities

of daily living of toileting, transferring to or from a bed or chair, or eating and:

(1) Has health, welfare, or safety needs, including a need for supervision or a

structured environment; or

(2) Is impaired in three of the following four instrumental activities of daily living:

preparing meals, doing housework, taking medicine, and doing laundry; and

e. Is determined to be eligible pursuant to rules adopted by the department.

8. "Human service zone" means a county or consolidated group of counties

administering human services within a designated area in accordance with an

agreement or plan approved by the department.

9. "Institution" means a facility licensed under chapter 23-09.3.

10. "Living independently" includes living in congregate housing. The term does not

include living in an institution.

11. "Personal needs allowance" means an amount retained by the eligible beneficiary to

cover the costs of clothing and other personal needs.

12. "Proprietor" means an individual responsible for day-to-day administration and

management of a facility.

13. "Remedial care" means services that produce the maximum reduction of an eligible

beneficiary's physical or mental disability and the restoration of an eligible beneficiary

to the beneficiary's best possible functional level.

14. "Would be eligible to receive the cash benefits except for income" refers to an

individual whose countable income, less the cost of necessary remedial care that may

be provided under this chapter, does not exceed an amount equal to the cash benefit

under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and

42 U.S.C. 1381 et seq.] which the individual would receive if the individual had no

income, plus the amount allowed as the personal needs allowance.
N.D. Cent. Code § 50-37-02 — ND Code / Title 50 / Chapter 50-37 / Section 50-37-02
50-37-02. Health care sharing ministry
Status: in_force

50-37-02. Health care sharing ministry

A health care sharing ministry may not be considered to be engaging in the business of

insurance and is exempt from regulations applicable to insurance entities.
N.D. Cent. Code § 50-11.1-06.1 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-06.1
50-11.1-06.1. Conviction not bar to licensure, self-declaration, or registration - Exceptions
Status: in_force

50-11.1-06.1. Conviction not bar to licensure, self-declaration, or registration -

Exceptions.

Conviction of an offense does not disqualify an individual from licensure, self-declaration, or

registration under this chapter unless the department determines:

1. The offense has a direct bearing upon the individual's ability to serve the public as the

owner or operator of an early childhood program, holder of a self-declaration, or an

in-home provider; or

2. Following conviction of any offense, the individual is not sufficiently rehabilitated under

section 12.1-33-02.1.
N.D. Cent. Code § 50-06.4-02 — ND Code / Title 50 / Chapter 50-06.4 / Section 50-06.4-02
50-06.4-02. Department to be lead agency - Cooperation of other agencies - Joint meeting
Status: in_force

50-06.4-02. Department to be lead agency - Cooperation of other agencies - Joint

meeting.

The department shall act as lead agency in the state for the purpose of coordinating

services to individuals with brain injury. At least annually the department shall call a joint

meeting of the adjutant general, the department of veterans' affairs, and the superintendent of

public instruction to discuss the provision of services to individuals with brain injury. State

agencies and political subdivision agencies shall cooperate with the department to permit the

department to efficiently coordinate services to individuals with brain injury while avoiding

duplication of services. Neither this chapter, nor any activity undertaken by the department

under this chapter, may be construed as creating a right to any benefit or service not specifically

required to be granted as a condition of the receipt of grants of federal funds.
N.D. Cent. Code § 50-35-02 — ND Code / Title 50 / Chapter 50-35 / Section 50-35-02
50-35-02. State-paid human services - Application - Study - Report to legislative management
Status: in_force

50-35-02. State-paid human services - Application - Study - Report to legislative

management.

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 payment distributions commencing in January 2020.

3. Human service zones shall cooperate with the department to adopt administrative and

operational cost-savings methodologies and determine options for consolidations.

Human service zones shall implement the administrative and operational cost-savings

methodologies and consolidations.

4. During the 2021-22 interim, the department, with assistance from the North Dakota

association of counties and human service zone directors, shall develop a process for

allowing a human service zone to opt in to state employment. The process must

identify under what conditions and factors a transition to state employment may or may

not be desirable for a human service zone and the department; outline the governance

process for choosing to opt in to state employment, including a description of the role

of the human service zone board, county commissions, and the department; and

include a template and potential timeline for any zone choosing to make the transition

to state employment. Before August 1, 2022, the department shall report to the

legislative management the process developed for allowing a human service zone to

opt in to state employment. The transition to state employment is contingent on the

approval from the legislative assembly.

5. During the 2021-22 interim, the department, with assistance from the North Dakota

association of counties and human service zone directors, shall study indirect costs.

The study must identify a plan defining the process to calculate payment for indirect

costs. The department shall provide regular updates to the legislative management on

the progress of the study. Before August 1, 2022, the department shall report to the

legislative management the process developed to calculate payment for indirect costs.
N.D. Cent. Code § 50-10.1-03 — ND Code / Title 50 / Chapter 50-10.1 / Section 50-10.1-03
50-10.1-03. Duties of state long-term care ombudsman
Status: in_force

50-10.1-03. Duties of state long-term care ombudsman

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 individuals who have been

discharged from long-term care facilities within one month of the complaint against the

facility.

2. Monitor the development and implementation of federal, state, and local laws,

regulations, and policies that relate to long-term care facilities in the state.

3. Gather and disseminate information to public agencies about the problems of persons

in long-term care facilities.

4. Train volunteers and assist in the development of citizen organizations to participate in

the ombudsman programs.

5. Report to any state agency those factors found by the state long-term care

ombudsman to relate to those duties of that agency which impact on the care given to

residents of a long-term care facility in this state.

6. Act as an advocate for residents of long-term care facilities.

7. Carry out any activities consistent with the requirements of this chapter, including the

delegation to regional or volunteer community long-term care ombudsmen of any

duties imposed by this chapter, which the commissioner of the department or

commissioner's designee deems appropriate.

8. Adopt rules in accordance with chapter 28-32 consistent with and necessary for the

implementation and enforcement of this chapter.
N.D. Cent. Code § 50-24.7-04 — ND Code / Title 50 / Chapter 50-24.7 / Section 50-24.7-04
50-24.7-04. Applicant's or guardian's duty to establish eligibility
Status: in_force

50-24.7-04. Applicant's or guardian's duty to establish eligibility

The applicant or guardian of the applicant shall provide information sufficient to establish

eligibility for benefits, including a social security number and proof of age, identity, residence,

blindness, disability, functional limitation, and financial eligibility for each month for which

benefits are sought.
N.D. Cent. Code § 50-24.1-03 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-03
50-24.1-03. County share of medical assistance - Reimbursement for clinic services not required
Status: repealed

50-24.1-03. County share of medical assistance - Reimbursement for clinic services

not required.

Repealed by S.L. 1997, ch. 403, § 13.
N.D. Cent. Code § 50-06.2-01 — ND Code / Title 50 / Chapter 50-06.2 / Section 50-06.2-01
50-06.2-01. Purpose - Interpretation
Status: in_force

50-06.2-01. Purpose - Interpretation

It is the purpose of this chapter to establish a system for planning, coordinating, and

providing comprehensive human services administered by human service zones and state-

operated behavioral health clinics. This chapter must be construed to effectuate the following

public purposes:

1. To help individuals or their families to achieve, maintain, or support the highest

attainable level of personal independence and economic self-sufficiency.

2. To prevent, remedy, or alleviate neglect, abuse, or exploitation of children and adults

unable to protect their own interests.

3. To provide a continuum of community-based services adequate to appropriately

sustain individuals in their homes and in their communities and to delay or prevent

institutional care.

4. To preserve, rehabilitate, and reunite families.

5. To assist in securing referral or admission of individuals to institutional care when other

forms of care are not appropriate.
N.D. Cent. Code § 50-25.1-07 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-07
50-25.1-07. Protective custody
Status: in_force

50-25.1-07. Protective custody

Any physician examining a child with respect to whom abuse or neglect is known or

suspected, after reasonable attempts to advise the parents, guardian, or other person having

responsibility for the care of the child that the physician suspects has been abused or neglected,

may keep the child in the custody of the hospital or medical facility for not to exceed ninety-six

hours and must immediately notify the juvenile court and the department or authorized agent in

order that child protective proceedings may be instituted.
N.D. Cent. Code § 50-25.1-16 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-16
50-25.1-16. Prenatal exposure to controlled substances or alcohol misuse - Reporting requirements
Status: in_force

50-25.1-16. Prenatal exposure to controlled substances or alcohol misuse - Reporting

requirements.

1. Except as provided for under subsection 2, an individual required to report under

section 50-25.1-03 who has knowledge of or reasonable cause to suspect that a

woman is pregnant and has engaged in the abuse of a controlled substance or alcohol

misuse during the pregnancy shall report the circumstances to the department or

authorized agent if the knowledge or suspicion is derived from information received by

that individual in that individual's official or professional capacity.

2. An individual required to report under section 50-25.1-03 is exempt from reporting

under subsection 1 if the individual is providing or collaborating with other

professionals to provide the woman with prenatal or substance abuse services,

including voluntary entrance into a licensed treatment program. If the woman

discontinues regular prenatal care, fails to follow treatment recommendations, or

continues to engage in the abuse of a controlled substance or alcohol misuse, the

individual shall report in accordance with subsection 1.

3. Any individual may make a voluntary report if the individual has knowledge of or

reasonable cause to suspect that a woman is pregnant and engaged in the abuse of a

controlled substance or alcohol misuse during the pregnancy.

4. If a report alleges a pregnant woman's abuse of a controlled substance or alcohol

misuse, the department or authorized agent immediately shall initiate an appropriate

assessment that must include a referral for assessment of the presence of a

substance use disorder with expectation to follow any treatment recommendations,

and a referral for prenatal care. The department or authorized agent may also take any

appropriate action under chapter 25-03.1.

5. A report under this section must be made as described in section 50-25.1-04 and must

be sufficient to identify the woman, the nature and extent of use, if known, and the

name and address of the individual making the report.
N.D. Cent. Code § 50-09-25 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-25
50-09-25. Authority to adopt rules
Status: in_force

50-09-25. Authority to adopt rules

The state agency may adopt rules reasonable or necessary to carry out its responsibilities

under this chapter.
N.D. Cent. Code § 50-25.1-04.5 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-04.5
50-25.1-04.5. Child fatality review panel - Confidentiality of meetings, documentation, and reports
Status: in_force

50-25.1-04.5. Child fatality review panel - Confidentiality of meetings, documentation,

and reports.

1. Notwithstanding section 44-04-19, all meetings of the panel are closed to the public.

Notwithstanding section 44-04-18, all documentation and reports of the panel are

confidential, except for annual reports. The annual report involving child abuse and

neglect deaths and near deaths must include the following:

a. The cause of and circumstances regarding the death or near death;

b. The age and gender of the child;

c. Information describing any previous child abuse and neglect reports or

assessments that pertain to the child abuse or neglect that led to the death or

near death;

d. The result of any such assessments; and

e. The services provided in accordance with section 50-25.1-06, unless disclosure is

otherwise prohibited by law.

2. The panel shall make available to the persons designated in section 50-25.1-11 the

documentation and reports of the panel.
N.D. Cent. Code § 50-06-15 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-15
50-06-15. Confidentiality of information contained in records - Penalty
Status: in_force

50-06-15. Confidentiality of information contained in records - Penalty

1. Individually identifiable information concerning an individual applying for or receiving

assistance or services under any program administered by or under the supervision

and direction of the department is confidential, except that any such information,

including an individual's social security number, may be used and disclosed:

a. In the administration of any such program;

b. In accordance with a program's participation in the department's master client

index data matching system, unless prohibited by federal law;

c. As specifically authorized by the rules of the department;

d. As permitted or required by other law; or

e. Notwithstanding confidentiality laws set forth in titles 14, 23, 25, 43, and 50 and

the department's rules, within and between the department's divisions to assist

with or to provide assistance or services under any program administered by or

under the supervision and direction of the department. The disclosure of

information under this subdivision must comply with applicable federal laws and

regulations.

2. A vendor, agent, or contractor of the department must agree to maintain the

confidentiality of individually identifiable information disclosed to that person by the

department or by any individual applying for or receiving assistance or services and

may use and disclose confidential information only to the extent that person's

agreement with the department permits the use and disclosure of any such

information.

3. As used in this section, "individually identifiable information" means information,

including an individual's name, address, telephone number, facsimile number, social

security number, electronic mail address, program identification number, protected

health information, personally identifiable information, or any other unique identifying

number, characteristic, or code, as well as demographic information collected from an

individual, that:

a. Is created or received by the department; and

b. Relates to:

(1) The past, present, or future assistance or services applied for or received by

an individual under any program administered by or under the supervision

and direction of the department that identifies the individual or with respect

to which there is a reasonable basis to believe the information can be used

to identify the individual; or

(2) A report, or any other information obtained, concerning an applicant or a

provider of or an individual applying for or receiving assistance or services

under any program administered by or under the supervision and direction

of the department.

4. Except as otherwise specifically provided by law, a report concerning an applicant or a

provider of or an individual applying for or receiving assistance or services under any

program administered by or under the supervision and direction of the department, as

well as any other information obtained, is confidential if the report is made in good

faith, and may be disclosed to:

a. Authorized staff of the department and its authorized agents who further may

disclose to persons who have a definite interest in the well-being of the adults or

children concerned, who are in a position to serve their interests, and who need

to know the contents of the records to assure the well-being and interests of the

adults or children concerned.

b. Any person who is the subject of the report; provided, however, that the identity of

the persons reporting or supplying information under this chapter is protected

until the information is needed for use in an administrative or legal proceeding

arising out of the report.

c. Public officials and their authorized agents who require the information in

connection with the discharge of their official duties.

d. A court, including an administrative hearing officer, when the court determines the

information is necessary for the determination of an issue before the court.

e. A person engaged in a bona fide research purpose approved by the department's

institutional review board; provided, however, that no individually identifiable

information as defined in subsection 3 is made available to the researcher unless

the information is absolutely essential to the research purpose and the

department gives prior approval.

5. Any person who discloses, authorizes, or knowingly permits, participates in, or

acquiesces in the disclosure of any confidential information in violation of this section

is subject to the penalty provided in section 12.1-13-01.
N.D. Cent. Code § 50-11.1-14.1 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-14.1
50-11.1-14.1. Workforce development - Quality improvement - Technical assistance - Capacity building
Status: in_force

50-11.1-14.1. Workforce development - Quality improvement - Technical assistance -

Capacity building.

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 voluntary quality improvement process for early

childhood programs. The department may provide a quality incentive payment and a

higher reimbursement rate for child care assistance program payments to a

participating early childhood program. The department may provide technical

assistance and support to an early childhood program that applies for quality

improvement and may provide financial incentives to an early childhood program that

sustains and increases program quality. The department may contract with a public or

private nonprofit entity to provide technical assistance under this subsection.

3. The department may provide supports and incentives to build child care capacity or

quality, including:

a. Technical assistance and support to individuals who want to establish a new

program or expand existing capacity to include information on needs

assessments, regulatory processes, facility design and furnishings, startup and

operating budgets, staffing patterns, curriculum evaluation, and development of

business plans.

b. Direct payments to programs with a viable business plan and sustainable

operations, to support early childhood program development, operation, and

expansion in areas with a demonstrated need.

c. Direct payments to staff to incentivize training and professional development in

the manner prescribed by the department.

4. The department shall coordinate with other state agencies as necessary to implement

the provisions of this section.

5. The requirements of chapter 54-44.4 do not apply to the selection of a recipient,

award, or payments made under this section.
N.D. Cent. Code § 50-24.4-19 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-19
50-24.4-19. Prohibited practices
Status: in_force

50-24.4-19. Prohibited practices

A nursing home is not eligible to receive medical assistance payments unless it refrains

from all of the following:

1. Charging private-paying residents rates for similar services which exceed those rates

which are approved by the department for medical assistance recipients, as

determined by the prospective desk audit rate, except under the following

circumstances: the nursing home may charge private-paying residents a higher rate

for a private room and charge for special services which are not included in the daily

rate if medical assistance residents are charged separately at the same rate for the

same services in addition to the daily rate paid by the department. Services covered

by the payment rate must be the same regardless of payment source. Special

services, if offered, must be offered to all residents and charged separately at the

same rate. Residents are free to select or decline special services. Special services

must not include services which must be provided by the nursing home in order to

comply with licensure or certification standards and that if not provided would result in

a deficiency or violation by the nursing home. Services beyond those required to

comply with licensure or certification standards must not be charged separately as a

special service if they were included in the payment rate for the previous reporting

year. A nursing home that charges a private-paying resident a rate in violation of this

chapter is subject to an action by the state or any of its subdivisions or agencies for

civil damages. A private-paying resident or the resident's legal representative has a

cause of action for civil damages against a nursing home that charges the resident

rates in violation of this chapter. The damages awarded shall include three times the

payments that result from the violation, together with costs and disbursements,

including reasonable attorney's fees or their equivalent.

2. Requiring an applicant for admission to the home, or the guardian or conservator of

the applicant, as a condition of admission, to pay any fee or deposit, loan any money

to the nursing home, or promise to leave all or part of the applicant's estate to the

home.

3. Requiring any resident of the nursing home to utilize a vendor of health care services

who is a licensed physician or pharmacist chosen by the nursing home.

4. Providing differential treatment on the basis of status with regard to public assistance.

5. Discriminating in admissions, services offered, or room assignment on the basis of

status with regard to public assistance. Admissions discrimination shall include, but is

not limited to:

a. Basing admissions decisions upon assurance by the applicant to the nursing

home, or the applicant's guardian or conservator, that the applicant is neither

eligible for nor will seek public assistance for payment of nursing home care

costs.

b. Engaging in preferential selection from waiting lists based on an applicant's ability

to pay privately.

The collection and use by a nursing home of financial information of any applicant

pursuant to a preadmission screening program does not raise an inference that the

nursing home is utilizing that information for any purpose prohibited by this chapter.

6. Requiring any vendor of medical care, who is reimbursed by medical assistance under

a separate fee schedule, to pay any portion of the vendor's fee to the nursing home

except as payment for the fair market value of renting or leasing space or equipment

of the nursing home or purchasing support services, if those agreements are disclosed

to the department.

7. Refusing, for more than twenty-four hours, to accept a resident returning to the

resident's same bed or a bed certified for the same level of care, in accordance with a

physician's order authorizing transfer, after receiving inpatient hospital services.

8. Violating any of the rights of health care facility residents enumerated in section

50-10.2-02.

9. Charging a managed care organization a rate that is less than the rate approved by

the department for a medical assistance recipient in the same classification.
N.D. Cent. Code § 50-01.1-02 — ND Code / Title 50 / Chapter 50-01.1 / Section 50-01.1-02
50-01.1-02. Creation of human service zones
Status: in_force

50-01.1-02. Creation of human service zones

1. In order to provide optimum service, reduce program costs, and benefit recipients of

human services within this state, counties shall combine and consolidate their county

agencies into human service zones in the manner provided in this chapter.

2. Human service zones succeed to all the powers and duties enumerated for county

agencies and shall perform all the functions and responsibilities assigned to county

agencies by this title. When consistent with this chapter, all provisions relating to

county agencies contained in this title apply to and govern human service zones.

3. Counties shall identify other counties with which to enter a human service zone

agreement, and together the board of county commissioners shall file with the

department a written agreement to create a human service zone. The agreement must

identify the proposed counties of the human service zone, host county, identify the

human service zone board members, proposed effective date, and agree to seek

approval from the department regarding hiring or dismissal of human service zone

employees. The department shall review and approve all agreements in accordance

with section 50-01.1-03. The department may modify the agreements as specified in

section 50-01.1-03 or if some of the counties are not included in a human service

zone. The board of county commissioners shall submit a plan as prescribed in section
N.D. Cent. Code § 50-09-16 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-16
50-09-16. Aid to dependent children fund - Receipts for moneys received
Status: repealed

50-09-16. Aid to dependent children fund - Receipts for moneys received

Repealed by S.L. 1997, ch. 403, § 13 and S.L. 1997, ch. 404, § 78.