N.D. Cent. Code § 50-24.1-30 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-30
50-24.1-30. Third-party liability recovery
Status: in_force

50-24.1-30. Third-party liability recovery

1. The department shall seek recovery of reimbursement from a third party up to the full

amount of medical assistance paid.

2. A medical assistance recipient shall inform the department of any rights the recipient

has to third-party benefits and shall inform the department of the name and address of

any individual, entity, or program that is or may be liable to provide third-party benefits.

3. A release or satisfaction of a cause of action, suit, claim, counterclaim, demand,

judgment, settlement, or settlement agreement is not valid or effectual as against a

claim created under this chapter unless the department joins in the release or

satisfaction or executes a release of its claim.

4. The department shall recover the full amount of all medical assistance provided on

behalf of a recipient to the full extent of third-party benefits received by the recipient or

the department for medical expenses. The department shall recover the third-party

benefits directly from any third party or from the recipient or legal representative, if the

recipient or legal representative has received third-party benefits, up to the amount of

medical assistance provided to the recipient.

5. An applicant for or recipient of medical assistance shall cooperate in the recovery of

third-party benefits.

6. To enforce its rights to third-party benefits, the department may institute, intervene in,

or join any legal or administrative proceeding in its own name.

a. If either the recipient or the department brings an action against a third party, the

recipient or the department must provide to the other within thirty days after

commencing the action written notice by personal delivery or registered mail of

the action, the name of the court in which the case is brought, the case number of

such action, and a copy of the pleadings. If either the department or the recipient

brings an action, the other may become a party to or may consolidate an action

brought independently with the other.

b. A judgment, award, or settlement of a claim in an action by a recipient to recover

damages for injuries or other third-party benefits in which the department has an

interest may not be satisfied or released without first giving the department notice

and a reasonable opportunity to file and satisfy its claim or proceed with any

action as otherwise permitted by law.

7. Any transfer or encumbrance of any right, title, or interest to which the department has

a right with the intent, likelihood, or practical effect of defeating, hindering, or reducing

recovery by the department for reimbursement of medical assistance provided to a

recipient is void and of no effect against the claim of the department.

8. A recipient who has notice or who has actual knowledge of the department's rights to

third-party benefits who receives any third-party benefit or proceeds for a covered

illness or injury is either required to pay the department within sixty days after receipt

of settlement proceeds the full amount of the third-party benefits up to the total medical

assistance provided or to place a sum equal to the full amount of the total medical

assistance provided in a trust account pending judicial or administrative determination

of the department's right to the third-party benefits.

9. Notwithstanding any provision in this section to the contrary, the department is not

required to seek reimbursement from, or may reduce or compromise a claim against, a

liable third party on claims for which the amount it reasonably expects to recover will

be less than the cost of recovery or for which recovery efforts will not be cost-effective.

Cost-effectiveness is determined based on the following:

a. Actual and legal issues of liability as may exist between the recipient and the

liable party;

b. Total funds available for settlement; and

c. An estimate of the cost to the department of pursuing its claim.
N.D. Cent. Code § 50-11.1-24 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-24
50-11.1-24. Program data collection - Requirements
Status: in_force

50-11.1-24. Program data collection - Requirements

The department shall implement a uniform system for the accounting, budgeting, and

reporting of data by any approved best in class program to whom or to which direct payments

are distributed under section 50-11.1-23. Awarded funds may be withheld or forfeited, in whole

or in part, if information required in accordance with this section is not submitted at the time or in

the manner requested by the department. An awarded program shall consent to provide

information needed to comply with data collection and program evaluation requirements.
N.D. Cent. Code § 50-25.1-03 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-03
50-25.1-03. Persons required and permitted to report - To whom reported
Status: in_force

50-25.1-03. Persons required and permitted to report - To whom reported

1. Any dentist; optometrist; dental hygienist; medical examiner or coroner; tier 1 mental

health professional, tier 2 mental health professional, tier 3 mental health professional,

or tier 4 mental health professional as defined under section 25-01-01; or any other

medical or mental health professional, religious practitioner of the healing arts,

schoolteacher or administrator, school counselor, child care worker, foster parent,

police or law enforcement officer, juvenile court personnel, probation officer, division of

juvenile services employee, licensed social worker, family service specialist, child care

licensor, or member of the clergy having knowledge of or reasonable cause to suspect

a child is abused or neglected, or has died as a result of abuse or neglect, 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. A member of the clergy, however, is not required to report such

circumstances if the knowledge or suspicion is derived from information received in the

capacity of spiritual adviser.

2. Any person having reasonable cause to suspect a child is abused or neglected, or has

died as a result of abuse or neglect, may report such circumstances to the department

or authorized agent.

3. A person having knowledge of or reasonable cause to suspect a child is abused or

neglected, based on images of sexual conduct by a child discovered on a workplace

computer, shall report the circumstances to the department or authorized agent.
N.D. Cent. Code § 50-24.1-05 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-05
50-24.1-05. Date effective
Status: in_force

50-24.1-05. Date effective

The effective date of this chapter is the date on which federal funds become available for

the purposes and program outlined herein.
N.D. Cent. Code § 50-11.1-17 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-17
50-11.1-17. Application for self-declaration - Prerequisites for approval - Approval - Term
Status: in_force

50-11.1-17. Application for self-declaration - Prerequisites for approval - Approval -

Term.

1. Applications for self-declarations must be made on forms provided and in the manner

prescribed by the department. The department shall investigate the applicant and

every individual living in the private residence and shall conduct a background check.

The department shall conduct the investigation in accordance with the rules adopted

by the department and shall determine whether any of them has a criminal record or

has had a confirmed decision for child abuse or neglect. Except as otherwise provided,

the department shall approve a self-declaration within thirty days of receipt of a

completed application and all supporting documents by the department and upon the

applicant's declaration:

a. The premises to be used are in fit and sanitary condition to provide for the health

and safety of all children and are maintained according to the standards

prescribed by the rules of the department;

b. The applicant is able to provide for the health and safety of each child receiving

early childhood services from the applicant according to this chapter and

standards prescribed by the department as set forth in the rules of the

department;

c. The applicant has not had a previous license or self-declaration denied or

revoked within the twelve months before the date of the current application;

d. The applicant has not had three or more previous licenses or self-declarations

denied or revoked. The most recent revocation or denial may not have occurred

within five years of the application date;

e. The applicant has paid the required application fees;

f. The applicant has paid any penalties and sanctions assessed against the holder

of a self-declaration required by sections 50-11.1-03 and 50-11.1-07.4;

g. The applicant is currently certified in infant and pediatric cardiopulmonary

resuscitation, including the use of an automated external defibrillator by the

American heart association, the American red cross, or a similar cardiopulmonary

resuscitation and automated external defibrillator training program approved by

the department;

h. The emergency designee used by the applicant, if any, is currently certified in

infant and pediatric cardiopulmonary resuscitation, including the use of an

automated external defibrillator by the American heart association, the American

red cross, or a similar cardiopulmonary resuscitation and automated external

defibrillator training program approved by the department;

i. The applicant is currently certified in first aid through a training program approved

by the department; and

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

untrue representations.

2. The department may consider the early childhood services history of the applicant in

determining issuance of a self-declaration document.

3. The department may issue a provisional self-declaration document in accordance with

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

restricted self-declaration document before revoking a self-declaration document. The

department may require the holder of a self-declaration 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

self-declaration document. The department shall approve the provisional self-

declaration document if the department approves the compliance plan. The

department may revoke a self-declaration document if the holder of a self-declaration

fails to comply with the department approved compliance plan or for any additional

violations of this chapter or rules of the department.

4. The department shall notify the holder of a self-declaration that the holder of a

self-declaration is required to post a notice of late application at the self-declaration

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 a self-declaration.
N.D. Cent. Code § 50-01.1-07 — ND Code / Title 50 / Chapter 50-01.1 / Section 50-01.1-07
50-01.1-07. Human service zone and department may contract
Status: in_force

50-01.1-07. Human service zone and department may contract

A human service zone and department may contract with another human service zone or

any other public or private person to discharge any of its duties or exercise any of its powers to

administer human services.
N.D. Cent. Code § 50-06-06.10 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.10
50-06-06.10. Family life education program
Status: in_force

50-06-06.10. Family life education program

The department shall enter into an agreement with the North Dakota state university

extension service for the design of a program to educate and support individuals at all points

within the family life cycle. The program must provide support for families and youth with

research-based information relating to personal, family, and community concerns and must

contain a research component aimed at evaluation of planned methods or programs for

prevention of family and social problems. The program must address the following inter-related

topics:

1. Child and youth development.

2. Parent education with an emphasis on parents as educators.

3. Human development.

4. Interpersonal relationships.

5. Family interaction and family systems.

6. Family economics.

7. Intergenerational issues.

8. Impact of societal changes on the family.

9. Coping skills.

10. Community networks and supports for families.
N.D. Cent. Code § 50-24.1-02.6 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-02.6
50-24.1-02.6. Medical assistance benefits - Eligibility criteria (Effective through June 30, 2026)
Status: in_force

50-24.1-02.6. Medical assistance benefits - Eligibility criteria. (Effective through

June 30, 2026)

1. The department shall provide medical assistance benefits to otherwise eligible persons

who are medically needy persons who have countable income that does not exceed

an amount determined under subsection 2.

2. The department shall establish an income level for medically needy persons at an

amount no less than required by federal law.

3. The department shall provide medical assistance benefits to children and families

coverage groups and pregnant women without consideration of assets.

4. The department shall provide medical assistance benefits to otherwise eligible

pregnant women who are lawfully present in the United States.

5. The department may require, as a condition of eligibility, individuals eligible for

Medicare part A, B, or D to apply for such coverage.

6. The department shall provide a personal monthly needs allowance, to be reviewed

and adjusted annually based on inflation.

Medical assistance benefits - Eligibility criteria. (Effective after June 30, 2026)

1. The department shall provide medical assistance benefits to otherwise eligible persons

who are medically needy persons who have countable income that does not exceed

an amount determined under subsection 2.

2. The department shall establish an income level for medically needy persons at an

amount no less than required by federal law.

3. The department shall provide medical assistance benefits to children and families

coverage groups and pregnant women without consideration of assets.

4. The department shall provide medical assistance benefits to otherwise eligible

pregnant women who are lawfully present in the United States.

5. The department may require, as a condition of eligibility, individuals eligible for

Medicare part A, B, or D to apply for such coverage.

6. The department shall provide a personal monthly needs allowance, to be reviewed

and adjusted annually based on inflation.

7. The department shall disregard social security survivor income and court-ordered child

support for a child who is under the age of eighteen years and is enrolled in a

medicaid waiver under section 1915(c) of the Social Security Act [42 U.S.C. 1915(c)].
N.D. Cent. Code § 50-01-26 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-26
50-01-26. Human service zone of residence for county general assistance purposes
Status: in_force

50-01-26. Human service zone of residence for county general assistance purposes

A person who has residence in this state, for general assistance purposes, is a resident of

the human service zone in which the person is living on other than a temporary basis. If a

person is living in a human service zone on a temporary basis, the person is a resident of the

human service zone in which the person most recently lived other than on a temporary basis.
N.D. Cent. Code § 50-25.2-12 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-12
50-25.2-12. Confidentiality of records - Authorized disclosures
Status: in_force

50-25.2-12. Confidentiality of records - Authorized disclosures

All reports made under this chapter and all records and information obtained or generated

as a result of the reports are confidential, but must be made available to:

1. A physician who examines a vulnerable adult whom the physician reasonably suspects

may have been subject to abuse or neglect if the identity of individuals reporting under

section 50-25.2-03 is protected.

2. Authorized staff of the department or the department's designee, law enforcement

agencies, and other agencies investigating, evaluating, or assessing the report or

providing adult protective services.

3. A vulnerable adult who is the subject of a report if the identity of individuals reporting

under section 50-25.2-03 is protected.

4. Public officials, and their authorized agents, who require the information in connection

with the discharge of their official duties.

5. A court when it determines that the information is necessary for determination of an

issue before the court.

6. A person engaged in a bona fide research or auditing purpose if no information

identifying the subjects of a report is made available to the researcher or auditor.

7. A guardian or legal representative of the vulnerable adult who is the subject of a report

if the identity of individuals reporting under section 50-25.2-03 is protected and the

guardian or legal representative is not suspected of abusing or neglecting the

vulnerable adult.
N.D. Cent. Code § 50-17-05 — ND Code / Title 50 / Chapter 50-17 / Section 50-17-05
50-17-05. Work done on private land - Contract with landowner
Status: in_force

50-17-05. Work done on private land - Contract with landowner

When, under the provisions of this chapter, the public interest requires work to be done on

privately owned land as provided in section 50-17-04, the state shall assume responsibility for

the reasonable protection of work done by the landowner or otherwise and shall agree that if a

contract with the landowner is obtained, such contract shall provide that this state reserves the

right to remove, at its option and without recompense to the landowner, any structure or other

thing of removable value resulting from the work done, including products of trees planted to

arrest erosion.
N.D. Cent. Code § 50-24.6-03 — ND Code / Title 50 / Chapter 50-24.6 / Section 50-24.6-03
50-24.6-03. Duties of the board
Status: in_force

50-24.6-03. Duties of the board

The board shall:

1. Cooperate with the department to create and implement a prospective and

retrospective drug use review program for outpatient prescription drugs under the

medical assistance program. This drug use review program must be based on a

compendium and drug use review criteria and must comply with 42 U.S.C. 1396r-8(g)

(3).

2. Advise and make recommendations regarding any rule proposed for adoption by the

department to implement the provisions of state and federal law related to drug use

review.

3. Receive and consider information regarding the drug use review process which is

provided by the department and by interested parties, including prescribers who treat

significant numbers of patients under the department's medical assistance program.

4. Review and recommend to the department any drugs to be included on prior

authorization status.

5. Review no less than once each year the status of the list of drugs that have been

placed on prior authorization.

6. Review and approve the prior authorization program process used by the department,

including the process to accommodate the provision of a drug benefit in an emergency

situation.

7. Propose remedial strategies to improve the quality of care and to promote effective

use of medical assistance program funds or recipient expenditures.
N.D. Cent. Code § 50-01-09.1 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-09.1
50-01-09.1. Reimbursement of county for public assistance to nonresidents occasioned by federal projects
Status: repealed

50-01-09.1. Reimbursement of county for public assistance to nonresidents

occasioned by federal projects.

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-09-02.6 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-02.6
50-09-02.6. State agency to submit plans and administer programs under title IV-B and title IV-E - Make application for federal funds
Status: in_force

50-09-02.6. State agency to submit plans and administer programs under title IV-B

and title IV-E - Make application for federal funds.

1. The state agency may submit state plans in forms that meet the requirements for such

plans which are, or may be, imposed under title IV-B or title IV-E. The state agency

may take actions reasonably necessary to conform the administration of programs

under its supervision and direction to the requirements of title IV-B or title IV-E and the

state plans submitted thereunder, including the issuance of policy manuals, forms, and

program directives. The state agency may seek appropriate waivers of the

requirements of federal statutes or regulations as may be authorized by federal law.

2. The state agency may apply for additional or conditionally available funds, such as

adoption incentive payments, as may be made available under title IV-B or title IV-E,

and may take any action reasonably necessary to support an application.
N.D. Cent. Code § 50-06-36 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-36
50-06-36. Developmental disability provider review
Status: repealed

50-06-36. Developmental disability provider review

Repealed by S.L. 2017, ch. 331, § 14.
N.D. Cent. Code § 50-06-03 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-03
50-06-03. Social service board - Term of office - Removal
Status: repealed

50-06-03. Social service board - Term of office - Removal

Repealed by S.L. 1981, ch. 486, § 37.
N.D. Cent. Code § 50-01.1-09 — ND Code / Title 50 / Chapter 50-01.1 / Section 50-01.1-09
50-01.1-09. Human service zone director hiring
Status: in_force

50-01.1-09. Human service zone director hiring

The department must be an active participant in the hiring process of the human service

zone director and shall designate at least two individuals to participate on the interview panel.

The department shall approve or disapprove of the recommendation for the human service zone

director from the human service zone board and interview panel before the human service zone

board takes action to hire the human service zone director.
N.D. Cent. Code § 50-11-06.11 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-06.11
50-11-06.11. Unaccompanied undocumented children
Status: in_force

50-11-06.11. Unaccompanied undocumented children

A person may not arrange for or promote care provided in a facility for unaccompanied

undocumented children unless the facility has a license or approval issued by the department.
N.D. Cent. Code § 50-06.3-04 — ND Code / Title 50 / Chapter 50-06.3 / Section 50-06.3-04
50-06.3-04. Liability for payment
Status: in_force

50-06.3-04. Liability for payment

The recipient, patient, recipient's or patient's estate, and recipient's or patient's spouse are

liable for fees and expenses for services rendered by the department, through its state-operated

behavioral health clinics, and for care and treatment expenses charged at the state hospital.

The parents of a recipient or patient are responsible for services, care, and treatment provided

prior to the eighteenth birthday of the recipient or patient.
N.D. Cent. Code § 50-06-30 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-30
50-06-30. Interagency agreement between the department of health and human services and the department of corrections and rehabilitation
Status: in_force

50-06-30. Interagency agreement between the department of health and human

services and the department of corrections and rehabilitation.

The commissioner of the department or commissioner's designee and the director of the

department of corrections and rehabilitation may amend the interagency agreement entered

under this section which became effective August 1, 2007. The amended agreement must

provide that the department of corrections and rehabilitation shall train, consult, and assist the

department of health and human services with the provision and enforcement of safety and

security procedures at the state hospital for all patients at the state hospital, including those

committed to the state hospital under chapter 25-03.1 or placed at the state hospital for

evaluation or civil commitment and treatment under chapter 25-03.3 and for all staff, visitors,

and volunteers at the state hospital. The amended interagency agreement must provide that the

commissioner of the department or commissioner's designee shall continue to be responsible

for the custody and care of patients at the state hospital, including those committed to the state

hospital under chapter 25-03.1 or placed at the state hospital for evaluation or civil commitment

and treatment under chapter 25-03.3, including responsibility for all assessments, evaluations,

and treatment required under chapter 25-03.3, the provision of all necessary staffing, including

maintenance staff, and the provision of all daily care and health care.
N.D. Cent. Code § 50-24.8-09 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-09
50-24.8-09. Medicaid fraud control unit
Status: in_force

50-24.8-09. Medicaid fraud control unit

The Medicaid fraud control unit is established as a division of the attorney general's office.

The Medicaid fraud control unit, which is under the supervision and control of the attorney

general, consists of the agents and employees the attorney general considers necessary and

appropriate. The Medicaid fraud control unit is a criminal justice agency within the meaning of

section 12-60-16.1. Agents designated by the attorney general have peace officer status and

authority, including the authority of search, seizure, and arrest. All recovered money will be

forwarded to the designated state Medicaid agency for appropriate allocation between the

federal government and the general fund. The portion of state match appropriations for the

Medicaid fraud control unit will be appropriated from the general fund.
N.D. Cent. Code § 50-36-02 — ND Code / Title 50 / Chapter 50-36 / Section 50-36-02
50-36-02. Opioid settlement fund
Status: in_force

50-36-02. Opioid settlement fund

There is created in the state treasury an opioid settlement fund. Moneys recovered by the

state as a result of opioid litigation must be deposited in the fund. Moneys recovered by a

political subdivision as a result of opioid litigation may be deposited in the fund. The state

investment board shall invest moneys in the fund and income earned on the moneys in the fund

must be credited to the fund. Moneys in the fund may be used in compliance with any court-

ordered restrictions and as authorized by legislative appropriation and this chapter; however,

legislative appropriations from the fund may not exceed eight million dollars in a biennium. The

fund does not include funds not retained by the state pursuant to law or court order.
N.D. Cent. Code § 50-06.3-01 — ND Code / Title 50 / Chapter 50-06.3 / Section 50-06.3-01
50-06.3-01. Definitions
Status: in_force

50-06.3-01. Definitions

As used in this chapter, "department" means the department of human services, including

the state hospital.
N.D. Cent. Code § 50-06-20 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-20
50-06-20. Programs funded at state expense - Interpretation
Status: in_force

50-06-20. Programs funded at state expense - Interpretation

1. The state shall bear the cost, in excess of the amount provided by the federal

government, of:

a. As provided in section 50-24.1-14, medical assistance services provided under

chapter 50-24.1;

b. Energy assistance program benefits provided under subsection 18 of section

50-06-05.1;

c. Supplements provided under chapter 50-24.5 as basic care services;

d. Services, programs, and costs listed in section 50-09-27;

e. Welfare fraud detection programs;

f. Human services provided by the human service zones or the department;

g. General assistance under chapter 50-01;

h. Special projects approved by the department and agreed to by any affected

human service zone; and

i. Programs and services unique to the human service zone which have been

included in the approved human service zone plan.

2. The state shall bear the costs of amounts expended for service payments for elderly

and disabled and expanded service payments for elderly and disabled.

3. This section does not grant any recipient of services, benefits, or supplements

identified in subsection 1, any service, benefit, or supplement that a recipient could not

claim in the absence of this section.
N.D. Cent. Code § 50-24.1-12 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-12
50-24.1-12. Medical assistance - Services provided by psychologists
Status: in_force

50-24.1-12. Medical assistance - Services provided by psychologists

Within the limits of legislative appropriations, the department shall provide medical

assistance to eligible recipients for services provided by psychologists licensed under chapter

43-32.
N.D. Cent. Code § 50-06-06.5 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.5
50-06-06.5. Continuum of services for individuals with serious and persistent mental illness
Status: in_force

50-06-06.5. Continuum of services for individuals with serious and persistent mental

illness.

1. The department shall develop a plan for an integrated, multidisciplinary continuum of

services for individuals with serious and persistent mental illness. The continuum may

consist of an array of services provided by private mental health professionals, private

agencies, human service zones, state-operated behavioral health clinics,

community-based residential care and treatment facilities, and private and public

inpatient psychiatric hospitals. Within the limits of legislative appropriations, the plan

for a continuum may include:

a. Programs, and appropriate related facilities, to provide socialization skills.

b. Programs, and appropriate related facilities, to provide basic living skills.

c. Appropriate residential facilities and other housing options.

d. Appropriate training, placement, and support to enhance potential for

employment.

e. Appropriate delivery and control of necessary medication.

f. Appropriate economic assistance.

g. An inpatient facility with appropriate programs to respond to persons who require

hospitalization.

h. Peer and recovery support.

i. Crisis service that is available twenty-four hours a day seven days a week.

2. The continuum of care must provide that a person requiring treatment be submitted to

the least restrictive available conditions necessary to achieve the purposes of

treatment. The department shall ensure appropriate cooperation with human service

zones and private providers in achieving the continuum of care.
N.D. Cent. Code § 50-24.1-18 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-18
50-24.1-18. Personal care option - Residential habilitation - Community support services
Status: in_force

50-24.1-18. Personal care option - Residential habilitation - Community support

services.

1. The department shall implement personal care services.

2. The department may implement residential habilitation and community support

services in a residential setting or private residence that would allow for the delegation

of administration of medication by an employee of a qualified service provider agency.

The qualified service provider agency shall employ or contract with a licensed

registered nurse to provide supervision to the employees of a qualified service

provider agency who are administering routine medications. The employees of a

qualified service provider agency shall complete department-approved training on the

administration of routine medications before administering routine medications. The

department shall adopt rules as are necessary to establish and govern residential

habilitation and community support services in a residential setting or private

residence.
N.D. Cent. Code § 50-32-04 — ND Code / Title 50 / Chapter 50-32 / Section 50-32-04
50-32-04. Assisted living facility health services - Limitations on hospice services
Status: in_force

50-32-04. Assisted living facility health services - Limitations on hospice services

1. An entity may provide health services to individuals residing in an assisted living

facility owned or operated by that entity. For purposes of this subsection, health

services means services provided to an individual for the purpose of preventing

disease and promoting, maintaining, or restoring health or minimizing the effects of

illness or disability.

2. A tenant of an assisted living facility who is in need of hospice services and who

exceeds tenancy criteria, as determined by the facility, may remain in the facility only if

the tenant contracts with a third party, such as a hospice agency, or utilizes family

support, or both, to meet those needs.
N.D. Cent. Code § 50-24.4-09 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-09
50-24.4-09. Interim rates
Status: repealed

50-24.4-09. Interim rates

Repealed by S.L. 2005, ch. 432, § 10.
N.D. Cent. Code § 50-06.2-11 — ND Code / Title 50 / Chapter 50-06.2 / Section 50-06.2-11
50-06.2-11. Service payments for elderly and disabled sliding fee schedule
Status: in_force

50-06.2-11. Service payments for elderly and disabled sliding fee schedule

The department shall establish annually a sliding fee schedule based on family size and

income to determine a recipient's participation fee percentage for services received through the

service payments for elderly and disabled program.
N.D. Cent. Code § 50-31-02 — ND Code / Title 50 / Chapter 50-31 / Section 50-31-02
50-31-02. License required
Status: in_force

50-31-02. License required

A person, partnership, association, corporation, or limited liability company without a license

may not establish, conduct, or maintain in this state a substance use disorder treatment

program for the care of persons addicted to alcohol or other drugs. The department, in

accordance with the laws of this state governing injunctions and other process, may maintain an

action in the name of the state against a person, partnership, association, corporation, or limited

liability company for establishing, conducting, managing, or operating a substance use disorder

treatment program without a license.
N.D. Cent. Code § 50-12-16 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-16
50-12-16. Taking children from state for placement in family homes - Consent of department - Report
Status: in_force

50-12-16. Taking children from state for placement in family homes - Consent of

department - Report.

No person, partnership, voluntary association, corporation, or limited liability company may

take or send any child out of the state for placement in a family home in another state without

first securing the consent of the department of health and human services so to do and without

first reporting to the department:

1. The name and address of the child to be taken or sent;

2. The name and address of the family which is to receive the child; and

3. Such other information concerning the family and the child as the department may

require.

This section does not apply to a parent who personally removes the parent's child from the

state.
N.D. Cent. Code § 50-12-13 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-13
50-12-13. Appeal from denial or revocation of license
Status: repealed

50-12-13. Appeal from denial or revocation of license

Repealed by S.L. 2003, ch. 417, § 13.
N.D. Cent. Code § 50-09-02.7 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-02.7
50-09-02.7. Child support arrears registry
Status: in_force

50-09-02.7. Child support arrears registry

The state case registry maintained under section 50-09-02.4 must include a registry of any

obligor who owes past-due support in an amount greater than two times the obligor's current or

most recent monthly support obligation as defined in section 14-09-09.10 or two thousand

dollars, whichever is less. As used in this chapter, "arrears registry" means the registry

maintained under this section.
N.D. Cent. Code § 50-24.1-19 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-19
50-24.1-19. Oral maxillofacial services - Medical necessity
Status: repealed

50-24.1-19. Oral maxillofacial services - Medical necessity

Repealed by S.L. 2019, ch. 408, § 39.
N.D. Cent. Code § 50-06.1-14 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-14
50-06.1-14. Establishment of rehabilitation teaching program - Authorization of positions
Status: in_force

50-06.1-14. Establishment of rehabilitation teaching program - Authorization of

positions.

The office of vocational rehabilitation may establish two rehabilitation teacher positions and

one half-time teacher and half-time supervisor position for the rehabilitation of the blind and

visually impaired. Each teacher shall provide rehabilitation teaching services that may include

evaluation, counseling, adjustment training, communication, mobility, and other rehabilitation

services to the blind and the visually impaired. Those services must be provided in the home of

blind and visually impaired individuals, nursing homes, intermediate care facilities, senior citizen

centers, and other facilities and centers in which one may find blind or visually impaired

individuals. Rehabilitation teachers may provide aids and appliances, as well as assistance with

meal planning, medication management, transportation needs, and recreation and social needs.

Rehabilitation teachers may provide orientation to blindness instruction for those working

directly with or otherwise involved in daily activities of the blind and visually impaired, including

home health aids, homemakers, senior companions, staff of nursing homes and other

professionals, paraprofessionals, and family members. The administrator of services for the

blind and deaf in the office of vocational rehabilitation shall coordinate the activities and the

services to be provided by persons employed pursuant to the provisions of this section and

section 50-06.1-15.
N.D. Cent. Code § 50-09-20 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-20
50-09-20. Appropriation of county funds
Status: repealed

50-09-20. Appropriation of county funds

Repealed by S.L. 1997, ch. 403, § 13 and S.L. 1997, ch. 404, § 79.
N.D. Cent. Code § 50-01-11 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-11
50-01-11. Investigation of application for poor relief
Status: repealed

50-01-11. Investigation of application for poor relief

Repealed by omission from this code.
N.D. Cent. Code § 50-09-10 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-10
50-09-10. Amount of assistance - Consideration of stepfather's income
Status: repealed

50-09-10. Amount of assistance - Consideration of stepfather's income

Repealed by S.L. 1987, ch. 571, § 9.
N.D. Cent. Code § 50-24.1-01.4 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-01.4
50-24.1-01.4. Medicaid and Medicare eligible individuals
Status: in_force

50-24.1-01.4. Medicaid and Medicare eligible individuals

The department may not require prior authorization, additional documentation not required

by Medicare, or additional prescription requirements of durable medical equipment and supplies

in order to process a claim for Medicaid-eligible individuals who are also eligible for Medicare if

an item has been paid by Medicare, unless the item is not covered by Medicaid.
N.D. Cent. Code § 50-22-05 — ND Code / Title 50 / Chapter 50-22 / Section 50-22-05
50-22-05. Enforcement - Penalties - Remedies
Status: in_force

50-22-05. Enforcement - Penalties - Remedies

Any person conducting a solicitation in violation of this chapter, or failing to properly

complete and promptly file any report, tax return, or other information required under this

chapter, is guilty of a class A misdemeanor. Any person conducting a solicitation after the

person's registration is revoked is guilty of a class C felony. The criminal penalties in this section

are in addition to all other causes of action, remedies, and penalties available to the state.

Whenever the attorney general or any state's attorney has reason to believe or is advised

by the secretary of state that the charitable organization or professional fundraiser is operating

in violation of this chapter, the attorney general or state's attorney may bring an action in the

name of the state against the charitable organization and its officers, the professional fundraiser,

or any other person who has violated this chapter or who has participated or is about to

participate in any solicitation or collection by employing any device, scheme, artifice, false

representation or promise, to defraud or obtain money or other property, to enjoin the charitable

organization or professional fundraiser or other person from continuing the violation, solicitation,

or collection, or engaging therein, or doing any acts in furtherance thereof and for any other

relief the court determines appropriate, including the imposition of civil penalties in the amount

of up to five thousand dollars per violation of this chapter and the denial of registration under

this chapter for a period of up to five years. The attorney general, in enforcing this chapter, has

all the powers provided in this chapter or chapter 51-15 and may seek all remedies in this

chapter or chapter 51-15. The remedies, duties, prohibitions, and penalties of this chapter are

not exclusive and are in addition to all other causes of action, remedies, and penalties in

chapter 51-15, or otherwise provided by law.
N.D. Cent. Code § 50-09-22 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-22
50-09-22. Procedure for reimbursement
Status: repealed

50-09-22. Procedure for reimbursement

Repealed by S.L. 1997, ch. 403, § 13 and S.L. 1997, ch. 404, § 79.
N.D. Cent. Code § 50-24.5-03 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-03
50-24.5-03. Powers and duties of human service zone
Status: in_force

50-24.5-03. Powers and duties of human service zone

Each human service zone, unless otherwise directed or determined by the department,

shall:

1. Administer aid to aged, blind, and disabled persons at the human service zone level

under the direction and supervision of the department, pursuant to state requirements.

2. Provide the services described in this chapter.

3. Determine eligibility for benefits under this chapter and periodically redetermine

eligibility of persons receiving benefits pursuant to this chapter.

4. Provide case management services to eligible beneficiaries.

5. Conduct initial and ongoing functional assessments of applicants in cooperation with

basic care facilities.

6. Cooperate with any other human service zone to assure the conduct of initial and

ongoing functional assessments and determinations of eligibility with respect to any

applicant or eligible beneficiary who is physically present in a human service zone

other than the human service zone in which the applicant or eligible beneficiary is a

resident for purposes of chapter 50-01.
N.D. Cent. Code § 50-11.1-06.2 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-06.2
50-11.1-06.2. Background investigations - Fees
Status: in_force

50-11.1-06.2. Background investigations - Fees

1. Upon a determination by the department a criminal history record check is appropriate,

the following individuals are to obtain two sets of the individual's fingerprints from a law

enforcement agency or other local agency authorized to take fingerprints:

a. A provider holding or an applicant for early childhood services licensure,

self-declaration, or in-home provider registration;

b. Emergency designees and staff members of providers holding and applicants for

early childhood services licensure, self-declaration, or in-home provider

registration; and

c. Household members of a residence out of which early childhood services are

provided.

2. The individual shall request the agency to submit the fingerprints and a completed

fingerprint card for each set to the department.

3. If the department has no record of a confirmed decision for child abuse or neglect, the

department shall submit the fingerprints to the bureau of criminal investigation to

determine if there is any criminal history record information regarding the applicant,

household members, or staff members in accordance with section 12-60-24.

4. The results of the investigations must be forwarded to the department.

5. The department may charge a fee not to exceed thirty dollars for the purpose of

processing the criminal history record information application.

6. The department is not subject to the fee imposed under section 12-60-16.9 when

requesting criminal history record information from the bureau of criminal investigation.

7. An agency that takes fingerprints as provided under this section may charge a

reasonable fee to offset the costs of the fingerprinting.

8. The department may use background investigation findings to determine approval,

denial, or revocation of an early childhood services license, self-declaration, or

in-home registration.

9. Any individual who is providing early childhood services solely for the provider's own

children, grandchildren, nieces, nephews, and cousins as an in-home provider may not

be required to submit to a criminal history record check authorized under section

50-06-01.9.

10. Unless an individual was separated from employment by a provider of early childhood

services for more than one hundred eighty days, a criminal history record check

conducted under this section and subsection 3 of section 50-06-01.9 is valid for five

years, after which the department shall require another criminal history record check.
N.D. Cent. Code § 50-01-02 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-02
50-01-02. General assistance jurisdiction
Status: in_force

50-01-02. General assistance jurisdiction

The human service zone, through the human service zone director, or the director's

designee, has exclusive jurisdiction and control of the administration of general assistance

within the human service zone, except as otherwise provided in this title.
N.D. Cent. Code § 50-06-08 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-08
50-06-08. Executive director and employees - Appointment - Compensation
Status: repealed

50-06-08. Executive director and employees - Appointment - Compensation

Repealed by S.L. 1981, ch. 486, § 37.
N.D. Cent. Code § 50-06-11 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-11
50-06-11. Reciprocal agreements by department
Status: in_force

50-06-11. Reciprocal agreements by department

The department, with the approval of the attorney general, may:

1. Enter into reciprocal agreements with corresponding state agencies of other states

having like statutory authority, regarding the interstate residence, care, and

transportation of indigent persons.

2. Arrange with the proper officials in this state for:

a. The acceptance, transfer, and support of persons receiving any form of public aid

or relief or likely to become a public charge in other states; and

b. The acceptance, transfer, and support of persons from another state receiving

any form of public aid or relief or likely to become a public charge in this state, in

accordance with the terms of the reciprocal agreement with other states.
N.D. Cent. Code § 50-27-02 — ND Code / Title 50 / Chapter 50-27 / Section 50-27-02
50-27-02. Expenditures from fund - Definition of child abuse prevention
Status: in_force

50-27-02. Expenditures from fund - Definition of child abuse prevention

Expenditures from the children's trust fund may only be for the purposes of administering

and maintaining the fund, aiding in the prevention of child abuse and neglect as defined in

chapter 50-25.1, and developing child abuse prevention programs. For purposes of this chapter,

"prevention of child abuse and neglect" means those activities which seek to:

1. Anticipate the occurrence of and act to prevent child abuse and neglect.

2. Provide public information and education as to the means by which child abuse and

neglect may be identified, prevented, remedied, or alleviated.
N.D. Cent. Code § 50-25.2-11 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-11
50-25.2-11. Retaliation prohibited - Presumption - Penalty
Status: in_force

50-25.2-11. Retaliation prohibited - Presumption - Penalty

1. An employer who imposes any form of discipline or retaliation against an employee

solely because the employee reported in good faith having knowledge of or

reasonable cause to suspect that a vulnerable adult is or has been abused or

neglected, or because the employee is a vulnerable adult with respect to whom a

report was made, is guilty of a class B misdemeanor.

2. The employer of a person permitted to report pursuant to section 50-25.2-12 who

retaliates against the person because of a report is liable to that person in a civil action

for all damages.

3. A rebuttable presumption that retaliation has occurred arises when an adverse action

is taken within ninety days of the report. An adverse action includes:

a. The discharge from or termination of employment;

b. The demotion, negative work performance evaluation, reduction of hours worked,

reduction of benefits or work privileges, or reduction in remuneration for services

of the employee; or

c. The restriction or prohibition of access by the employee to any place of

employment or persons affiliated with the place of employment.
N.D. Cent. Code § 50-30-07 — ND Code / Title 50 / Chapter 50-30 / Section 50-30-07
50-30-07. Annual cost reports
Status: in_force

50-30-07. Annual cost reports

Expired under S.L. 1999, ch. 429, § 9.
N.D. Cent. Code § 50-06-12 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-12
50-06-12. Human service zone bound by reciprocal agreements of department - Duty of state and human service zone when person determined not entitled to support
Status: in_force

50-06-12. Human service zone bound by reciprocal agreements of department - Duty

of state and human service zone when person determined not entitled to support.

Any agreement made by the department under the provisions of section 50-06-11 for the

acceptance, transfer, and support of any person from another state is binding on the human

service zone where such person is residing. Neither this state nor any human service zone in

this state shall be committed to the support of any person who is held by the department not to

be entitled to public support under the laws of this state.
N.D. Cent. Code § 50-11-04 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-04
50-11-04. Inspection by the department - Inspection and report by the department or its authorized agent
Status: in_force

50-11-04. Inspection by the department - Inspection and report by the department or

its authorized agent.

The department and its authorized agents at any time may inspect any facility licensed,

certified, or approved under the provisions of this chapter or with respect to which a license,

certification, or approval application has been made, except for approved family foster homes

for children. The department and its authorized agents shall have full and free access to every

part of the facility. The department may require, on a case-by-case basis, prior to or after

licensure, certification, or approval, that a facility undergo a fire inspection, inspection of the

heating system or the electrical system, or any other type of inspection that the department

deems necessary to carry out the purposes of this chapter. All records of the facility must be

open for the inspection of the department or its authorized agents and they may see and

interview all children and adults cared for therein. Upon the request of the department, the

department or its authorized agent shall inspect any facility for which a license, certification, or

approval is applied or issued, with the exception of approved family foster homes for children,

and shall report the results of the inspection to the department.
N.D. Cent. Code § 50-12-10 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-10
50-12-10. Revocation of license - Grounds
Status: in_force

50-12-10. Revocation of license - Grounds

The department of health and human services may revoke the license of any child-placing

agency upon a proper showing of any of the following:

1. The licensee has violated any requirement under this chapter.

2. The license was issued upon a fraudulent or untrue representation.

3. The licensee has violated any rule or regulation of the department.

4. The licensee has made a false or misleading report to the department.
N.D. Cent. Code § 50-09-09 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-09
50-09-09. Award of assistance
Status: in_force

50-09-09. Award of assistance

1. Upon completion of the investigation of an applicant for assistance under this chapter,

the human service zone or state agency shall determine, in accordance with the rules

of the state agency:

a. If the applicant may be provided assistance under the provisions of this chapter;

b. The amount and type of any assistance the applicant may receive; and

c. The date upon which such assistance may begin.

2. In all cases, a statement of the findings of the human service zone forthwith must be

transmitted to the state agency.
N.D. Cent. Code § 50-28-02 — ND Code / Title 50 / Chapter 50-28 / Section 50-28-02
50-28-02. Adoption assistance
Status: in_force

50-28-02. Adoption assistance

1. This state determines the amounts of adoption assistance it will provide to a child with

special needs. Adoption assistance may be subject to periodic re-evaluation of

eligibility.

2. Adoption assistance and medical assistance to which this compact applies is that

provided from the effective date of an adoption assistance agreement.

3. An adoption assistance agreement must be written, signed by the adoptive parents

and on behalf of the state, and include:

a. A commitment that adoption assistance is payable without regard for the state of

residence of the adoptive parents;

b. Provisions identifying the types of care and services toward which the adoption

assistance state must make payments;

c. A commitment to make medical assistance available to the child in accordance

with this chapter;

d. A declaration that the agreement is for the benefit of the child, the adoptive

parents, and the state, and that it is enforceable by any of them; and

e. The date or dates upon which each payment or other benefit is to commence.

4. Any services or benefits provided for a child by this state as the residence state or the

adoption assistance state may be facilitated by the department on behalf of another

party state. Staff of the department shall assist staff of the child welfare agencies of

other party states and the beneficiaries of adoption assistance agreements in assuring

prompt and full access to all benefits included in such agreements.

5. Adoption assistance payments made by this state on behalf of a child living in another

state must be made on the same basis and in the same amounts as they would be

made if the child were living in this state, except that the laws of the adoption

assistance program of the state in which the child lives may provide for the payment of

higher amounts.

6. The department shall provide adoption assistance payments to adoptive parents using

an automated clearing house to provide for electronic fund transfers. To receive

payment, adoptive parents shall provide sufficient documentation to enable the

department to provide electronic funds transfers through an automated clearing house.

No other forms of adoptive assistance payments are permitted, unless approved by

the department.
N.D. Cent. Code § 50-25.2-06 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-06
50-25.2-06. Provision of adult protective services
Status: in_force

50-25.2-06. Provision of adult protective services

If the department or the department's designee determines that a vulnerable adult

demonstrates a need for adult protective services, the department or the department's designee

shall provide, or arrange for the provision of, adult protective services, provided the vulnerable

adult consents to and accepts the services.
N.D. Cent. Code § 50-12-02.1 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-02.1
50-12-02.1. Out-of-state child-placing agency license requirements
Status: repealed

50-12-02.1. Out-of-state child-placing agency license requirements

Repealed by S.L. 2025, ch. 449, § 6.
N.D. Cent. Code § 50-06-16 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-16
50-06-16. Rulemaking authority
Status: repealed

50-06-16. Rulemaking authority

The department may adopt rules necessary to carry out the responsibilities of the

department in conformity with any statute administered or enforced by the department. All rules

adopted must be published in the North Dakota Administrative Code. Rules adopted by

agencies prior to January 1, 1982, which relate to functions or agencies covered by this chapter

remain in effect until such time as they are specifically amended or repealed. The department is

not required to adopt rules to establish the process for the administration of funds appropriated

to the department in an appropriation identified by the legislative assembly as a one-time

funding item.
N.D. Cent. Code § 50-35-04 — ND Code / Title 50 / Chapter 50-35 / Section 50-35-04
50-35-04. Calculation of payment - Expenditures
Status: in_force

50-35-04. Calculation of payment - Expenditures

1. The director shall calculate, in collaboration with the human service zone director or

designee, the total payment for each human service zone. The calculation must be

based on the human service zone's most recently available data on historical cost and

income, and may include:

a. Other factors outlined in subsection 3;

b. The human service zone director's proposed budget for the human service zone

which may include expansion of scope of human services to include kinship care

services and payments and services in response to the federal Family First

Prevention Services Act as part of the Bipartisan Budget Act of 2018 [Pub. L.

115-123];

c. Compensation equity and salary increases. The department may limit future

salary increases for human service zone team members to the salary increase

provided by the legislative assembly for state employees; and

d. Current and future duties of and services offered by the human service zone and

department.

2. The director shall authorize expenditures from the human service finance fund to

reimburse the department for the department's costs of providing human services that

historically have been provided by a county, human service zone, or a new service or

program based on federal or state law. The department may authorize expenditures

from the human service finance fund to reimburse the department for transitional costs

incurred for implementing the statewide program for state funding.

3. The director may recalculate and adjust each human service zone's payment based on

pertinent factors, which include actual expenditures over the previous or current

payment period, current costs, offered services, need, income, performance of duties

directed or assigned and supervised by the department, and caseload. If the director

amends and modifies a human service zone's payment, the human service zone

director must be notified within thirty days of amendment or modification. The spending

authority of the human service zone must be increased or decreased based on the

approved, adjusted, or modified payment.

4. The director shall calculate payment for indirect costs. Indirect costs of the human

service zone may not become direct costs without written approval of the department.

The total payment by the department for reimbursement of indirect costs incurred to

support human services must be within legislative appropriation and be based on the

annual indirect cost plan starting August 1, 2023, for the counties to budget for the

2024 fiscal year. The 2023 cost allocation plan must be based on the requested

information received from the counties.

5. Direct costs must be applied consistently within all human service zones and may not

be included in indirect costs.

6. Indirect costs must be applied consistently within all counties as it relates to human

service zones and may not be included in direct costs.

7. Counties shall provide the requested information for the cost allocation plan by

September fifteenth of each year. The department shall provide notice to the county

commissioners and auditors sixty days before the deadline if the county does not

participate in providing information for the cost allocation plan. If counties fail to

provide the requested information by September fifteenth of each year, the counties

may not participate in the cost allocation plan and must be responsible for

one hundred percent of all indirect costs.

8. The director may authorize expenditures from the human service finance fund to

reimburse all indirect costs associated with a statewide pilot project, service, or

program performed by a human service zone.
N.D. Cent. Code § 50-06-05.2 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-05.2
50-06-05.2. State-operated behavioral health clinics - Licensure
Status: in_force

50-06-05.2. State-operated behavioral health clinics - Licensure

1. Community-based behavioral health services must be delivered through state-

operated behavioral health clinics in the areas designated by the governor's executive

order 1978-12 dated October 5, 1978. The department shall request appropriations

and resources sufficient for:

a. Accreditation and to ensure maintenance of the accreditation for the state-

operated behavioral health clinics, including associated facilities, by the social

current or by a similar national accrediting body accepted by the department; and

b. Certification as a certified community behavioral health clinic.

2. The state-operated behavioral health clinics are subject to licensing or certification by

the department. The department may use the accreditation as a basis for licensing in

lieu of adopted rules for the operation of the state-operated behavioral health clinics.

The department may adopt rules for the operation of the state-operated behavioral

health clinics. A state-operated behavioral health clinic may not operate without a

license or certification issued in accordance with this section or section 50-06-41.4.

State-operated behavioral health clinics are authorized to receive federal and other

funds available to finance, in whole or in part, the services and operations of the state-

operated behavioral health clinics.
N.D. Cent. Code § 50-09-02 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-02
50-09-02. Duties of the state agency
Status: reserved

50-09-02. Duties of the state agency

The state agency shall:

1. Take such action and adopt rules as may become necessary to entitle the state to

receive funds from the federal government under title IV-A.

2. Supervise the administration of temporary assistance for needy families throughout the

state of North Dakota.

3. Take such action, give such directions, and adopt rules as may be necessary or

desirable to carry out the provisions of this chapter, including the adoption and

application of suitable standards and procedure to ensure appropriate treatment of all

applicants for temporary assistance for needy families.

4. Cooperate with the federal government in matters of mutual concern pertaining to

temporary assistance for needy families, including the adoption of such methods of

administration as are found by the state agency to be appropriate for the efficient

operation of the plan for such assistance.

5. Provide such qualified employees and representatives as may be necessary.

6. Prescribe the form of and print and supply to the human service zones blanks for

applications, reports, and such other forms as it may deem necessary and advisable.

7. Have authority to establish and maintain personnel standards on a merit basis for

personnel employed by the state and the human service zone.

8. Make such reports in such form and containing such information as the federal

government from time to time may require.

9. Make any determinations respecting title IV-A not expressly reserved to the federal

government under federal law.

10. Determine if the terms of any waiver of federal requirements, pertaining to the aid to

families with dependent children program, submitted to the federal government before

August 22, 1996, are consistent with the requirements of title IV-A.

11. Determine the expenditures that constitute qualified state expenditures for purposes of

this chapter.

12. Determine the costs that constitute administrative costs for purposes of this chapter.

13. Determine in any case if assistance provided will be funded through qualified state

expenditures, funds made available from the federal government under title IV-A, or a

combination thereof.

14. Assist recipients of temporary assistance for needy families, in a form and manner

determined appropriate by the state agency, but which need not be uniform among

families or among counties.

15. Administer all funds appropriated or made available to it for the purpose of carrying out

the provisions of this chapter.

16. Act as the official agency of the state in the administration of the child support

enforcement program and medical support enforcement program in conformity with

title IV-D. In administering the child support enforcement and medical support

enforcement programs, the state agency may contract with any public or private

agency or person to discharge the state agency's duties.

17. Take actions and adopt rules necessary to entitle the state to receive funds from the

federal government under the child care and development block grant [42 U.S.C. 9858

et seq.], as amended.

18. Have authority to establish a program for families that include both a minor child and

an incapacitated parent of that minor child, using no federal funds derived from

temporary assistance for needy families block grant funds, which otherwise functions

in substantially the form and manner of the temporary assistance for needy families

program.

19. For purposes of section 674(e)(2) of the Social Security Act [42 U.S.C. 674(e)(2)],

approve families, outside of the jurisdiction of the state of North Dakota, for placement

of children for adoption.

20. Act as the official agency of the state in the administration of child and family services

in conformity with title IV-B and to direct and supervise human service zone

administration of that program, unless otherwise directed or determined by the state

agency.

21. Act as the official agency of the state in the administration of federal payments for

foster care and adoption assistance in conformity with title IV-E and to direct and

supervise human service zone administration of that program, unless otherwise

directed or determined by the state agency.

22. Provide, upon request and insofar as staff resources permit, technical assistance

concerning the requirements of title IV-B and title IV-E to courts within this state,

including tribal courts, and to state's attorneys and tribal prosecutors within this state.

23. Make training available to state's attorneys and assistant state's attorneys who are

willing to collaborate with colleagues in other counties on petitions to terminate

parental rights.
N.D. Cent. Code § 50-10.3-05 — ND Code / Title 50 / Chapter 50-10.3 / Section 50-10.3-05
50-10.3-05. Suspension of access for essential caregivers
Status: in_force

50-10.3-05. Suspension of access for essential caregivers

If a long-term care facility suspends access to the long-term care facility for an essential

caregiver who violates the protocols established under section 50-10.3-03, the long-term care

facility shall allow the resident, or the resident's designated decisionmaker, to immediately

designate a replacement essential caregiver.
N.D. Cent. Code § 50-25.3-03 — ND Code / Title 50 / Chapter 50-25.3 / Section 50-25.3-03
50-25.3-03. Petition for visitation
Status: in_force

50-25.3-03. Petition for visitation

1. A family member, friend, or clergy member who has had visitation unreasonably or

arbitrarily denied or restricted by a caregiver may file with the district court located in

the county wherein the vulnerable adult resides a petition to compel visitation.

2. The petition must state:

a. The petitioner's relationship to the vulnerable adult;

b. Whether the caregiver is unreasonably or arbitrarily denying or restricting

visitation between the petitioner and the vulnerable adult; and

c. The facts supporting the petitioner's allegation that the caregiver is unreasonably

or arbitrarily denying or restricting visitation between the petitioner and the

vulnerable adult.

3. The court shall fix a time and place for hearing the petition. At least twenty days before

the date of hearing, the petitioner shall provide to the caregiver, vulnerable adult, and

other interested parties notice of the filing of the petition and of the time and place of

hearing.

4. The court shall conduct an in-camera interview of the vulnerable adult to determine the

wishes of the vulnerable adult. The in-camera interview may be on the record. The

court shall give deference to the vulnerable adult's preference in making decisions.

5. The court may not issue an order compelling visitation if the court finds the vulnerable

adult, while having the capacity to evaluate and communicate decisions regarding

visitation, expresses a desire to not have visitation with the petitioner.

6. If the court grants the petition for visitation, the court may impose conditions on

visitation between the petitioner and the vulnerable adult after consultation with the

vulnerable adult and based on the minimum visitation necessary to allow the

vulnerable adult to maintain maximum self-reliance and independence. The petitioner

is responsible for paying costs associated with the visitation, including transportation

and supervision costs. Visitation may not occur in a manner that negatively impacts

the medical or treatment needs of the vulnerable adult.

7. The court may prohibit contact between the petitioner and the vulnerable adult when

contact is not in the best interest of the vulnerable adult.

8. The court shall impose the cost of filing the petition for visitation and reasonable

attorney's fees incurred by the petitioner on the caregiver, if the court finds during a

hearing under this section that:

a. The caregiver unreasonably or arbitrarily denied or restricted visitation to a family

member, friend, or clergy member; and

b. The caregiver denied or restricted visitation between the petitioner and the

vulnerable adult in bad faith.

9. The court may not impose costs or fees under subsection 6 on the vulnerable adult or

a caregiver that in good faith denied or restricted visitation to a family member, friend,

or clergy member. Costs, fees, or other sanctions imposed under subsection 6 may

not be paid from the vulnerable adult's finances or estate.
N.D. Cent. Code § 50-25.1-03.1 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-03.1
50-25.1-03.1. Photographs - X-rays - Medical tests
Status: in_force

50-25.1-03.1. Photographs - X-rays - Medical tests

Any individual or official required to report under this chapter may cause to be taken color

photographs of the areas of trauma visible on a child who the individual or official has

knowledge or reasonable cause to suspect is an abused or neglected child and, if indicated by

medical consultation, cause to be performed imaging studies, laboratory tests, colposcopies,

and other medical tests of the child without the consent of the child's parents or guardian. All

photographs and other visual images taken pursuant to this section must be taken by law

enforcement officials, physicians, or medical facility professionals upon the request of any

individual or official required to report under this chapter. Photographs and visual images, or

copies of them, must be sent to the department or authorized agent at the time the initial report

of child abuse or neglect is made or as soon thereafter as possible.
N.D. Cent. Code § 50-25.1-11.1 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-11.1
50-25.1-11.1. Children's advocacy centers - Confidentiality of records - Criminal history record checks
Status: in_force

50-25.1-11.1. Children's advocacy centers - Confidentiality of records - Criminal

history record checks.

1. Records and digital media in the possession of a children's advocacy center relating to

a forensic medical examination, forensic interview, advocacy, or therapy are

confidential and only may be released to a person other than a law enforcement

agency, the department or the department's authorized agent, a prosecutor, a court,

another children's advocacy center, or a medical or mental health professional when

the child comes before the medical or mental health professional in that person's

professional capacity, upon service of a subpoena signed by a judge.

2. The staff of a children's advocacy center may communicate with a law enforcement

agency, the department or the department's authorized agent, a prosecutor, a court,

another children's advocacy center, or a medical or mental health professional in that

individual's official capacity, for the purpose of discussing a forensic medical

examination, forensic interview, advocacy, or therapy.

3. The department may submit a request for a criminal history record check under

section 12-60-24 on a board member, an employee, a final applicant for employment

of a children's advocacy center, a contractor, or a volunteer of a children's advocacy

center who has contact with a child at or through a children's advocacy center.

4. As used in this section, "board member" means an individual serving on the board of a

children's advocacy center.
N.D. Cent. Code § 50-06.1-12 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-12
50-06.1-12. Limitation of political activity
Status: repealed

50-06.1-12. Limitation of political activity

Repealed by S.L. 1977, ch. 420, § 3.
N.D. Cent. Code § 50-35-03 — ND Code / Title 50 / Chapter 50-35 / Section 50-35-03
50-35-03. Payments - Distributions by the director
Status: in_force

50-35-03. Payments - Distributions by the director

1. The director shall calculate the total payment for each human service zone pursuant to

section 50-35-04 for each calendar year. The director shall notify each human service

zone of the estimated amount of that zone's payment for calendar year 2021 and the

following years thereafter, before July first of the previous year. The director may

amend and modify each human service zone's payment. If the director amends and

modifies a human service zone's payment, the human service zone director must be

notified within thirty days of amendment or modification.

2. The director shall distribute fifty percent of the amount of each human service zone's

payment determined under subsection 1, within the limits of legislative appropriation,

before January eleventh.

3. By June first of each year, the director shall recalculate the total payment for each

human service zone pursuant to section 50-35-04 for the current calendar year.

4. The director shall subtract from a human service zone's June fifteenth disbursement

any amount exceeding the limitation under section 50-35-05.

5. The director shall calculate the total payment for the department pursuant to section

50-35-04.
N.D. Cent. Code § 50-24.4-18.1 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-18.1
50-24.4-18.1. Rates pending reconsideration and appeal
Status: in_force

50-24.4-18.1. Rates pending reconsideration and appeal

1. For purposes of this section:

a. "Final decision rate" means the amount, if any, determined on a per day basis, by

which a rate otherwise set under this chapter is increased as a result of a request

for reconsideration made under section 50-24.4-17, a request for an

administrative appeal under section 50-24.4-18, or a request for judicial appeal

under chapter 28-32 taken from a decision on an administrative appeal.

b. "Pending decision rate" means the amount, determined on a per day basis, by

which a rate otherwise set under this chapter would increase if a nursing home

prevails on a request for reconsideration made under section 50-24.4-17, on a

request for an administrative appeal under section 50-24.4-18, or on a request for

a judicial appeal under chapter 28-32 taken from a decision on an administrative

appeal; however, the amount may not cause any component of the rate to exceed

rate limits established under this chapter or through rules adopted under section

50-24.4-02.

2. If a nursing home has made a request for reconsideration under section 50-24.4-17,

taken an administrative appeal under section 50-24.4-18, or taken a judicial appeal

under chapter 28-32 from a decision on an administrative appeal, and has provided

information sufficient to allow the department to accurately calculate, on a per day

basis, the effect of each of the disputed issues on the nursing home's rate, the

department shall determine and issue a pending decision rate within thirty days of

receipt of the request for reconsideration, administrative appeal, or judicial appeal. If

the information furnished is insufficient to determine a pending decision rate, the

department, within thirty days of receipt of the request for reconsideration, shall inform

the facility of the insufficiency and may identify information that would correct the

insufficiency.

3. The department shall add the pending decision rate to the rate that would otherwise be

set under this chapter, and, notwithstanding section 50-24.4-19, the total must be the

rate chargeable to private-paying residents until a final decision on the request for

reconsideration or appeal is made and is no longer subject to further appeal.

4. The nursing home shall establish and maintain records that reflect the amount of any

pending decision rate paid by each private-paying resident from the date the nursing

home charges a private-paying resident the pending decision rate.

5. If the pending decision rate paid by a private-paying resident exceeds the final

decision rate, the nursing home shall refund the difference, plus interest at the legal

rate, within sixty days after the final decision is no longer subject to appeal. If a nursing

home fails to provide a timely refund to a living resident or former resident, the nursing

home shall pay interest at three times the legal rate for the period after the refund is

due. If a former resident is deceased, the nursing home shall pay the refund to a

person lawfully administering the estate of the deceased former resident or lawfully

acting as successor to the deceased former resident. If no person is lawfully

administering the estate or lawfully acting as a successor, the nursing home may make

any disposition of the refund permitted by law. Interest paid under this subsection is a

nonallowable cost.
N.D. Cent. Code § 50-06.2-10 — ND Code / Title 50 / Chapter 50-06.2 / Section 50-06.2-10
50-06.2-10. Service payments for elderly and disabled program eligibility
Status: in_force

50-06.2-10. Service payments for elderly and disabled program eligibility

1. The state agency may not require an individual to apply for services under chapter

50-24.1 as a condition of being eligible to apply for services under the service

payments for elderly and disabled program:

a. If the individual's estimated monthly home and community-based services

benefits, excluding the cost of case management, are between the income level

established in section 50-24.1-02.6 and the lowest level of the fee schedule for

services under this chapter; or

b. If the individual is receiving a service that is not available under chapter 50-24.1.

2. The home and community-based services case manager shall notify the state agency

upon use of an exception authorized under subsection 1.

3. An overpayment, whether resulting from an eligible individual's or eligible individual's

legal representative's concealment, misrepresentation, or fraud, or from assistance

granted pending a decision on an appeal adverse to the appellant, and whenever

made, is subject to recovery by the state agency. An overpayment may be collected

from any person that benefited from, or that was responsible for, the overpayment. A

statute of limitations or similar statute or the doctrine of laches does not bar a claim

under this chapter.
N.D. Cent. Code § 50-25.1-23 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-23
50-25.1-23. Family services assessment - Services
Status: in_force

50-25.1-23. Family services assessment - Services

1. In response to a family services assessment, the department shall provide appropriate

referral services to a person responsible for the child's welfare and the children under

the same care as may be necessary for the well-being and safety of the children.

2. The department may discharge the powers and duties provided under this section

through an authorized agent.
N.D. Cent. Code § 50-06.4-03 — ND Code / Title 50 / Chapter 50-06.4 / Section 50-06.4-03
50-06.4-03. Department may submit plans - Seek waivers
Status: in_force

50-06.4-03. Department may submit plans - Seek waivers

The department may submit state plans and amendments to state plans, concerning

programs administered under this title, to carry out this chapter. The department may seek

appropriate waivers of the requirements of federal statutes or regulations as authorized by

federal law.
N.D. Cent. Code § 50-24.1-45 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-45
50-24.1-45. Medical assistance benefits - Family adaptive behavior treatment and guidance - Dental screening and assessments - Dental case management - Teledentistry
Status: in_force

50-24.1-45. Medical assistance benefits - Family adaptive behavior treatment and

guidance - Dental screening and assessments - Dental case management - Teledentistry.

Medical assistance coverage must include payment for the following services:

1. Family adaptive behavioral treatment and guidance to educate parents and caregivers

to continue to carry out plans and recommendations of applied behavioral analysis.

2. Dental screening and assessment of patients to identify individuals in need of

additional assessment, diagnostic, and treatment services.

3. Dental case management for maintenance of oral health for special populations,

including elderly, special needs, medically fragile, and children.

4. Asynchronous teledentistry to reduce barriers to dental care through outreach

programs and to integrate oral health into general health care settings to identify and

refer treatment needs.

5. The services identified in subsections 2, 3, and 4 do not apply to Medicaid expansion.
N.D. Cent. Code § 50-11.1-23 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-23
50-11.1-23. Eligibility for best in class program
Status: in_force

50-11.1-23. Eligibility for best in class program

1. An approved four-year old program, federally funded head start program, or early

childhood program may submit, in the form and manner prescribed by the department,

an application to the department under section 50-11.1-22, if the provider certifies to

the department the provider:

a. Operates an approved four-year old program, federally funded head start

program, or early childhood program in this state;

b. Operates a program for children who have reached four years of age before

August first in the year of enrollment, unless otherwise provided in subdivision d

of subsection 1 of section 50-11.1-21;

c. Operates a program that has a duration of at least four hundred hours over a

period of at least thirty-two consecutive weeks;

d. Incorporates within the program at least ten hours of research-based family

engagement;

e. Has been determined to meet the standards and expectations of no less than

step three in the North Dakota early childhood quality improvement system; has

met the standards and expectations of a nationally recognized early childhood

accrediting entity; has met the federal performance standards for head start; or

has obtained approval or certification from the department of public instruction;

f. Admits children of all learning abilities;

g. Admits children who receive assistance from the child care assistance program;

and

h. Operates in compliance with the program requirements, including:

(1) Complying with requirements related to qualifications, training, and

professional development of staff delivering services in the best in class

program; and

(2) Adhering to expectations established by the department related to best in

class program monitoring, operation, and oversight.

2. The department may distribute funds under this section to approved applicants.

3. The department may recapture funds from an awarded program that is found by the

department to be out of compliance with requirements established for the best in class

program.

4. 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 § 50-01-09 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-09
50-01-09. Duties of county social service board
Status: repealed

50-01-09. Duties of county social service board

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-11.1-10 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-10
50-11.1-10. Denial or revocation of license, four-year old program approval, self-declaration, or registration document - Administrative hearing
Status: in_force

50-11.1-10. Denial or revocation of license, four-year old program approval,

self-declaration, or registration document - Administrative hearing.

Before the department may deny any application for a license, four-year old program

approval, self-declaration, or registration document under this chapter or before the department

may revoke any license, four-year old program approval, self-declaration, or registration

document, the department shall provide a written notice to the applicant, licensee, or holder of

the four-year old program approval, self-declaration, or registration document of the reasons for

the denial or revocation. The applicant, licensee, holder of a four-year old program approval or

self-declaration, or registrant may request an administrative hearing appealing the denial or

revocation in the manner provided in chapter 28-32. The applicant, licensee, holder of a

self-declaration, or registrant shall make a request for hearing to the department within ten days

after receipt of the notice of denial or revocation from the department.
N.D. Cent. Code § 50-06.3-02 — ND Code / Title 50 / Chapter 50-06.3 / Section 50-06.3-02
50-06.3-02. Fees for services at regional centers
Status: in_force

50-06.3-02. Fees for services at regional centers

The department may charge and collect fees and expenses for services provided through

its state-operated behavioral health clinics, and may authorize charging of fees for child support

services. The department may establish fee scales which recognize the service recipient's or

responsible relative's ability to pay. The department shall adopt such rules as are necessary to

implement this chapter and to define terms used in this chapter.
N.D. Cent. Code § 50-01-16 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-16
50-01-16. Complaint in behalf of the poor
Status: repealed

50-01-16. Complaint in behalf of the poor

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-01.2-06 — ND Code / Title 50 / Chapter 50-01.2 / Section 50-01.2-06
50-01.2-06. Standards of administration - Action upon failure to administer - Peer review committee - Appeal
Status: repealed

50-01.2-06. Standards of administration - Action upon failure to administer - Peer

review committee - Appeal.

Repealed by S.L. 2019, ch 391, § 139.
N.D. Cent. Code § 50-11-03.4 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-03.4
50-11-03.4. Immunity for a person providing foster care
Status: in_force

50-11-03.4. Immunity for a person providing foster care

A person providing foster care for children in a licensed, certified, or approved facility is

immune from civil liability for any act or omission resulting in damage or injury to or by a child in

foster care if, at the time of the act or omission, the person providing foster care for children

applied the reasonable and prudent parent standard in a manner that protects child safety, while

also allowing the child in foster care to experience age or developmentally appropriate activities.
N.D. Cent. Code § 50-08.1-01 — ND Code / Title 50 / Chapter 50-08.1 / Section 50-08.1-01
50-08.1-01. Coordination of services for pregnant women
Status: repealed

50-08.1-01. Coordination of services for pregnant women

Repealed by S.L. 2017, ch. 331, § 14.
N.D. Cent. Code § 50-25.1-06 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-06
50-25.1-06. Protective and other services to be provided
Status: in_force

50-25.1-06. Protective and other services to be provided

1. The department shall provide protective services for a child meeting the definition of

an abused or neglected child and who is at substantial risk of continued abuse or

neglect due to a supported state of impending danger, as well as other children under

the same care as may be necessary for their well-being and safety and shall provide

other appropriate social services, as the circumstances warrant, to the parents,

custodian, or other persons serving in loco parentis with respect to the child or the

other children. The department may discharge the duties described in this section

through an authorized agent. The department may provide protective services, as

resources permit, for any child, other children under the same care, parents,

custodian, or other persons serving in loco parentis upon concurrence of the parent,

custodian, or other persons serving in loco parentis.

2. The department shall provide appropriate services to a child referred as a child in need

of services and shall provide appropriate services to the person responsible for the

child's welfare and the children under the same care as may be necessary for the well-

being and safety of the children.
N.D. Cent. Code § 50-10.3-02 — ND Code / Title 50 / Chapter 50-10.3 / Section 50-10.3-02
50-10.3-02. Scope
Status: in_force

50-10.3-02. Scope

This chapter does not supersede federal authority regarding long-term care facilities or

prevent the department from taking necessary actions to render the state eligible for federal

funds or reimbursement services provided in long-term care facilities.
N.D. Cent. Code § 50-24.1-26 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-26
50-24.1-26. Medicaid waivers - In-home services
Status: in_force

50-24.1-26. Medicaid waivers - In-home services

The department shall administer Medicaid waivers to provide in-home services to children

with extraordinary medical needs and to children diagnosed with an autism spectrum disorder

who are under the age of twenty-one and would otherwise meet institutional level of care. The

department may prioritize applicants for the waiver for children with extraordinary medical needs

by degree of need.
N.D. Cent. Code § 50-06-14 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-14
50-06-14. Financing of welfare programs
Status: repealed

50-06-14. Financing of welfare programs

Repealed by S.L. 2021, ch. 356, § 2.
N.D. Cent. Code § 50-16-02 — ND Code / Title 50 / Chapter 50-16 / Section 50-16-02
50-16-02. Additional members - How appointed
Status: in_force

50-16-02. Additional members - How appointed

Any officer initiating the community youth council shall appoint as additional members

thereof representatives of the local government, the churches, the American legion, and of all

service or women's clubs, or welfare organizations in the community. All members of the council

shall serve without compensation.
N.D. Cent. Code § 50-24.1-01.1 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-01.1
50-24.1-01.1. Department to submit plans and seek waivers
Status: in_force

50-24.1-01.1. Department to submit plans and seek waivers

The department may submit state plans and may take such actions as are reasonably

necessary to administer programs under its supervision, including the issuance of policy

manuals, forms, and program directives. The department may publish dashboards that

demonstrate program utilization and provider care trends. Within the limits of legislative

appropriation, the department may seek appropriate waivers of the requirements of the federal

statutes or regulations as authorized by federal law.
N.D. Cent. Code § 50-06-01.8 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-01.8
50-06-01.8. Department to seek waiver to establish training, education, employment, and management program - Waiver may be terminated - Program characteristics - Cooperation with governmental bodies - Interim rulemaking
Status: repealed

50-06-01.8. Department to seek waiver to establish training, education, employment,

and management program - Waiver may be terminated - Program characteristics -

Cooperation with governmental bodies - Interim rulemaking.

Repealed by S.L. 2001, ch. 418, § 6.
N.D. Cent. Code § 50-01-17.5 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-17.5
50-01-17.5. Refusal to comply with work requirements - Denial of relief
Status: in_force

50-01-17.5. Refusal to comply with work requirements - Denial of relief

Refusal of any applicant or recipient, without good cause, to comply with any work

requirements established pursuant to this chapter may be grounds for denial or termination of

general assistance.
N.D. Cent. Code § 50-24.1-31 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-31
50-24.1-31. Optional medical assistance for families of children with disabilities
Status: in_force

50-24.1-31. Optional medical assistance for families of children with disabilities

1. The department shall establish and implement a buyin program under the federal

Family Opportunity Act enacted as part of the Deficit Reduction Act of 2005 [Pub. L.

109-171; 120 Stat. 4; 42 U.S.C. 1396] to provide medical assistance and other health

coverage options to families of children with disabilities and whose net income does

not exceed two hundred fifty percent of the federal poverty line published by the

federal office of management and budget applicable to the household size.

2. The department may not require the payment of a premium or disenroll an individual

for failure to pay a premium for families of children with disabilities coverage during a

federally declared emergency if collection of the premium may impact the receipt of

federal funds.
N.D. Cent. Code § 50-17-04 — ND Code / Title 50 / Chapter 50-17 / Section 50-17-04
50-17-04. When work may be done on privately owned land
Status: in_force

50-17-04. When work may be done on privately owned land

No work is to be done on privately owned land under the provisions of this chapter except

as may be necessary in the public interest for regional or statewide forest protection against fire,

insects, and disease or simple flood control measures to arrest gully erosion and flash runoffs at

the headwaters of streams.
N.D. Cent. Code § 50-24.1-47 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-47
50-24.1-47. Family paid caregiver service pilot project (Contingent expiration date - See note)
Status: in_force

50-24.1-47. Family paid caregiver service pilot project. (Contingent expiration date -

See note)

1. The department shall manage and operate the family paid caregiver service pilot

project to make payments to a legally responsible individual who provides

extraordinary care to an eligible individual who is a participant in the Medicaid 1915(c)

waivers, excluding the home and community-based services aged and disabled

waiver.

2. The family paid caregiver service pilot project must include funding for extraordinary

care, which means care:

a. Exceeding the range of activities a legally responsible individual would ordinarily

perform in the household on behalf of an individual without extraordinary medical

or behavioral needs; and

b. Is necessary to assure the health and welfare and avoid institutionalization of the

individual in need of care.

3. The department may adopt rules addressing management of the family paid caregiver

service pilot project and establish the eligibility requirements and exclusions for the

family paid caregiver service pilot project. The department shall manage and operate

the family paid caregiver service pilot project in accordance with the adopted rules and

within the limits of legislative appropriation for the family paid caregiver service pilot

project. The department shall utilize an assessment of an eligible individual to

determine the need for extraordinary care which must consider the unique needs and

circumstances of applicants including age, activities of daily living, medical needs, and

social emotional needs. The department may not make payments to a legally

responsible individual which duplicate any care that is otherwise compensated through

a service or assistance provided, administered, or supervised by the department,

including Medicaid 1915(c) waiver or the Medicaid state plan. A legally responsible

individual shall attest on an annual basis that the legally responsible individual agrees

not to seek reimbursement for extraordinary care through the family paid caregiver

service pilot project on days when other 1915(c) waiver services are paid by the

department.

4. A decision on an application which is issued by the department under this section may

be appealed as provided under chapter 28-32. An individual may not appeal a denial,

a revocation, a reduction in payment, or the termination of the family paid caregiver

service pilot project administered by the department due to the unavailability of funding

received for the purpose of issuing payments as part of the family paid caregiver

service pilot project for the biennium.

5. A payment under this section to a legally responsible individual must be

commensurate with the rate for family caregiving in the home and community-based

services aged and disabled waiver.

6. The cross-disability advisory council under section 50-06-46 shall participate with and

provide feedback to the department on the planning, design, and ongoing

implementation of the family paid caregiver service pilot project and future centers for

Medicare and Medicaid services children's cross-disability 1915(c) waiver. The council

shall provide input into the development of the assessment method used to determine

the need for extraordinary care.
N.D. Cent. Code § 50-06.5-02 — ND Code / Title 50 / Chapter 50-06.5 / Section 50-06.5-02
50-06.5-02. Statewide independent living council
Status: in_force

50-06.5-02. Statewide independent living council

A council is established. The council shall adopt bylaws governing operations of the council.

The council shall meet at least quarterly.
N.D. Cent. Code § 50-09-40 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-40
50-09-40. Report of gambling winnings
Status: in_force

50-09-40. Report of gambling winnings

Before a gaming operator makes a payment of winnings for which the gaming operator is

required to file an internal revenue service form W-2G or substantially equivalent form, the

gaming operator shall obtain the name, address, and social security number of the winner and

submit the information to the state agency through a secure interactive website that is

maintained by the state agency. If the state agency replies to the gaming operator that the

winner does not owe past-due support or if the gaming operator is unable to receive information

from the state agency after attempting in good faith to do so, the gaming operator may make the

payment to the winner. If the state agency replies that the winner owes past-due support, the

reply must include the amount of past-due support owed by the winner and the location of the

office with which the winner may file a protest under section 50-09-14. The gaming operator

shall withhold from the payment to the winner an amount equal to the total winnings or the

amount of past-due support, whichever is less. Within seven business days after withholding the

payment, the gaming operator shall send the amount withheld to the state disbursement unit,

along with the name, address, and social security number of the winner. The gaming operator

may withhold and retain an additional sum of three dollars from the winner to cover expenses

involved in sending the payment. A gaming operator that withholds funds under this section is

subject to the same duties and liabilities as an income payer under section 14-09-09.3 unless

the context indicates otherwise and is immune from suit or liability for complying with this

section.
N.D. Cent. Code § 50-11-01.3 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-01.3
50-11-01.3. Use of public funds
Status: repealed

50-11-01.3. Use of public funds

Repealed by S.L. 1993, ch. 472, § 25.
N.D. Cent. Code § 50-25.2-03 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-03
50-25.2-03. Reporting of abuse or neglect - Method of reporting
Status: in_force

50-25.2-03. Reporting of abuse or neglect - Method of reporting

1. Any medical or mental health professional or personnel, law enforcement officer,

firefighter, member of the clergy, or caregiver having knowledge a vulnerable adult has

been subjected to abuse or neglect, or who observes a vulnerable adult being

subjected to conditions or circumstances that reasonably would result in abuse or

neglect, shall report the information to the department, or the department's designee,

or to an appropriate law enforcement agency if the knowledge is derived from

information received by that individual in that individual's official or professional

capacity. A member of the clergy, however, is not required to report the information if

the knowledge is derived from information received in the capacity of spiritual adviser.

An individual in the position of a long-term care ombudsman is not a mandated

reporter of suspected abuse or neglect. For purposes of this subsection, "medical or

mental health professional or personnel" means a professional or personnel providing

health care or services to a vulnerable adult, on a full-time or part-time basis, on an

individual basis or at the request of a caregiver, and includes a medical examiner,

coroner, dentist, dental hygienist, optometrist, pharmacist, chiropractor, podiatrist,

physical therapist, occupational therapist, tier 1 through tier 4 mental health

professional as defined under section 25-01-01, emergency medical services

personnel, hospital personnel, nursing home personnel, congregate care personnel, or

any other person providing medical and mental health services to a vulnerable adult.

2. A report, if required by section 25-01.3-04, satisfies all reporting requirements of this

chapter.

3. Any person not required to report under subsection 1 who has reasonable cause to

believe that a vulnerable adult has been subjected to abuse or neglect, or who

observes a vulnerable adult being subjected to conditions or circumstances that

reasonably would result in abuse or neglect, may report the information to the

department or the department's designee or to an appropriate law enforcement

agency. A law enforcement agency receiving a report under this section shall

immediately notify the department or the department's designee of the report.

4. An individual required to report under subsection 1 shall make an oral or written report

and a person voluntarily reporting under subsection 2 may make an oral or written

report, as soon as possible. To the extent reasonably possible, a person who makes a

report under this section shall include in the report:

a. The name, age, and residence address of the alleged vulnerable adult;

b. The name and residence address of the caregiver, if any;

c. The nature and extent of the alleged abuse or neglect or the conditions and

circumstances that would reasonably be expected to result in abuse or neglect;

d. Any evidence of previous abuse or neglect, including the nature and extent of the

abuse or neglect; and

e. Any other information in the opinion of the person making the report may be

helpful in establishing the cause of the alleged abuse or neglect and the identity

of the individual responsible for the alleged abuse or neglect.
N.D. Cent. Code § 50-24.1-00.1 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-00.1
50-24.1-00.1. Definitions
Status: in_force

50-24.1-00.1. Definitions

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

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

2. "Medical assistance" means benefits paid under chapter 50-24.1 and title XIX of the

Social Security Act [42 U.S.C. 1396 et seq.].

3. "Third party" means an individual, entity, or program that is or may be liable to pay all

or part of the expenditures for medical assistance furnished under this chapter.
N.D. Cent. Code § 50-24.8-11.1 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-11.1
50-24.8-11.1. Failure to create, retain, and provide records - Penalty
Status: in_force

50-24.8-11.1. Failure to create, retain, and provide records - Penalty

1. A person that submits a claim for or receives a payment for a good or service under

the state's Medicaid program, at the time the good or service is provided, shall create

and retain records as required by rule of the department and chapter 50-24.8.

2. A person that submits a claim for or receives payment for a good or service under the

state's Medicaid program which willfully fails to create records at the time the service

or good is provided, fails to maintain or retain the records for the length of time stated

in the most current provider agreement applicable to that provider, fails to provide

records when requested to do so by the department or attorney general, or destroys

the records in a manner inconsistent with the most current provider agreement

applicable to that provider, is guilty of a class A misdemeanor if the value of the

payments, benefits, kickbacks, bribes, rebates, remuneration, services, or claims

related to the failure to create, retain, or provide records or related to the destruction of

records does not exceed ten thousand dollars and a class C felony if the value is

greater than ten thousand dollars.

3. It is an affirmative defense to a prosecution under this section that the records in

question were lost or destroyed in a natural disaster or by an act that did not result

from the conduct of the defendant.

4. The consequences and punishments under subsections 6 and 7 of section 50-24.8-11

apply to this section.
N.D. Cent. Code § 50-12-03 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-03
50-12-03. Requirements for licensure and employment - Term - Moral or religious conviction not bar to licensure or employment
Status: in_force

50-12-03. Requirements for licensure and employment - Term - Moral or religious

conviction not bar to licensure or employment.

The department of health and human services shall issue licenses for the conduct of

child-placing agencies upon application. A child-placing agency shall require a criminal history

record investigation on the owner and each employee, volunteer, or student for field placement

of a child-placing agency who has direct contact with families, with children, or with both. The

department of health and human services shall consider any criminal history record information

available about the owner at the time a licensing decision is made and about an employee prior

to the owner or the employee having direct contact with families, with children, or with both.

Licenses must be granted for a period not exceeding two years. Licenses must be issued to

reputable and responsible applicants upon a showing that they, and their agents, are equipped

properly by training and experience to find and select suitable temporary or permanent homes

for children and to supervise the homes when children are placed in them, to the end that the

health, morality, and general well-being of children placed by them will be properly safeguarded.

The department of health and human services may not deny a license because of the

applicant's objection to performing, assisting, counseling, recommending, facilitating, referring,

or participating in a placement that violates the applicant's written religious or moral convictions

or policies.
N.D. Cent. Code § 50-21-02 — ND Code / Title 50 / Chapter 50-21 / Section 50-21-02
50-21-02. Administration of revolving fund
Status: in_force

50-21-02. Administration of revolving fund

The revolving fund and loans made therefrom must be supervised and administered by the

Bank of North Dakota. All applications for loans under the provisions of this chapter for the

construction of nursing homes or combination nursing homes and basic care facilities must be

made to the department of health and human services, which department is authorized, to

promulgate such rules and regulations as may be necessary to carry out the provisions of this

chapter. All applications for the construction of basic care facilities must be made to the

department of health and human services, which department shall promulgate such rules and

regulations as may be necessary to carry out the provisions of this chapter. Applications

approved by the department of health and human services must be forwarded to the Bank of

North Dakota. Upon approval of such application by the president of the Bank of North Dakota,

loans must be granted by the Bank of North Dakota from the revolving fund in accordance with

the provisions of this chapter.
N.D. Cent. Code § 50-11-01.2 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-01.2
50-11-01.2. Day care center for children defined
Status: repealed

50-11-01.2. Day care center for children defined

Repealed by S.L. 1975, ch. 444, § 17.
N.D. Cent. Code § 50-11-09 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-09
50-11-09. Appeal from decision of department denying or revoking license or certification
Status: in_force

50-11-09. Appeal from decision of department denying or revoking license or

certification.

The applicant for a license or certification to operate a facility or a person whose license or

certification for a facility has been revoked may appeal the denial or revocation to the district

court. An appeal must be taken in the manner provided in chapter 28-32.
N.D. Cent. Code § 50-24.8-06 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-06
50-24.8-06. Effect of criminal conviction
Status: in_force

50-24.8-06. Effect of criminal conviction

A defendant convicted in any criminal proceeding under this chapter is precluded from

subsequently denying the essential elements of the criminal offense of which the defendant was

convicted in any civil proceeding. For purposes of this section, a conviction may result from a

verdict or plea of guilty.
N.D. Cent. Code § 50-11.1-02.1 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-02.1
50-11.1-02.1. Number of children in program - How determined
Status: in_force

50-11.1-02.1. Number of children in program - How determined

1. Except as provided under subsection 2, for the purpose of determining the number of

children receiving early childhood services, all children present on the premises and

under the age of twelve years must be counted for an in-home, self-declaration, family

child care, group child care, child care center, and preschool.

2. An in-home, self-declaration, family child care, and group child care provider's own

child, foster child, or grandchild over the age of eleven are exempt for the purpose of

determining the number of children receiving early childhood services under this

section.

3. For the purpose of determining the number of children receiving early childhood

services, all children present on the premises aged at least five years through age

eleven must be counted for school-age child care.

4. All children present are protected by this chapter regardless of whether money is

received or goods or other services are received for their care.
N.D. Cent. Code § 50-24.4-16 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-16
50-24.4-16. Special rates
Status: in_force

50-24.4-16. Special rates

1. For nursing homes with a significant capacity increase and for newly constructed

nursing homes, which first provide services on or after July 1, 1988, and which are not

included in the calculation of the limits of any cost category, the department shall

establish procedures for determining interim operating cost payment rates. The interim

payment rate may not be in effect for more than eighteen months. The department

shall establish procedures for determining the interim rate and for making a retroactive

cost settle-up for periods when an interim rate was in effect.

2. As soon as is practicable following the establishment of the procedures required by

subsection 1, the department shall apply the special rates for all affected facilities.
N.D. Cent. Code § 50-09-36 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-36
50-09-36. Protest period
Status: in_force

50-09-36. Protest period

Except as authorized by the obligor, the state agency shall hold any funds collected under

section 28-21-05.2, 50-09-35, or 50-09-40 and may not disburse the funds as a collection of

child support until the time has expired for requesting a review by a court under section

50-09-14 or the conclusion of the review, whichever is later.
N.D. Cent. Code § 50-31-08 — ND Code / Title 50 / Chapter 50-31 / Section 50-31-08
50-31-08. Opioid treatment programs - Licensure required - Rules
Status: in_force

50-31-08. Opioid treatment programs - Licensure required - Rules

1. To operate in this state, an opioid treatment program must be granted a license from

the department, certification from the United States department of health and human

services substance abuse and mental health services administration, and registration

from the United States department of justice drug enforcement administration.

2. The department may license a substance use disorder treatment program to operate

an opioid treatment program in the state. A separate license is required for each

location at which an opioid treatment program is operated under this section.

3. The department shall adopt rules relating to licensing and monitoring opioid treatment

programs, including rules for:

a. Standards for approval and maintenance of license;

b. Assessment of need for an opioid treatment program in the proposed location;

c. Patient eligibility for admission to an opioid treatment program;

d. Treatment standards, including counseling and drug testing requirements; and

e. Measures to prevent the diversion to illegal use of any drug used by a program to

treat an opioid addiction.

4. Each state-licensed opioid treatment program shall submit by electronic means

information regarding each prescription dispensed for a controlled substance to the

state's prescription drug monitoring program, unless specifically exempted by federal

law.
N.D. Cent. Code § 50-22-02.1 — ND Code / Title 50 / Chapter 50-22 / Section 50-22-02.1
50-22-02.1. Registration of professional fundraiser - Bond required
Status: in_force

50-22-02.1. Registration of professional fundraiser - Bond required

1. A person may not act as a professional fundraiser subject to this chapter unless that

person has registered with the secretary of state. The registration statement must be in

writing in the form prescribed by the secretary of state and must be accompanied by a

fee of one hundred dollars. The registration information must be available to the public

as a matter of public record. Each registration expires on September first unless, prior

to September first, the public fundraiser registers by filing a new registration statement,

accompanied by a fee of one hundred dollars. The forms containing the information

must include the following:

a. The name of the professional fundraiser.

b. The street and mailing address and telephone number of the professional

fundraiser.

c. The type of fundraising to be conducted in this state.

d. The name of the auditor, accountant, employee, agent, or other person who

maintains or possesses the professional fundraiser's records.

e. A list of all officers, agents, or employees to work under the applicant's direction.

f. A list of all licensed charitable organizations with which the applicant has

contracts within this state.

2. The professional fundraiser shall also include, as part of the registration statement, a

bond in which the professional fundraiser is the principal obligor. The bond must be in

the sum of twenty thousand dollars, with one or more responsible sureties whose

liability in the aggregate as the sureties will at least equal that sum. In order to

maintain the registration, the bond must be in effect for the full term of the registration.

The bond, which may be in the form of a rider to a larger blanket liability bond, must

run to the state and to any person who may have a cause of action against the

principal obligor of the bond for any liabilities resulting from the obligor's conduct of

any activities subject to this chapter.

3. The professional fundraiser shall also include, as part of the registration statement, a

copy of the contract between any charitable organization and the professional

fundraiser. The contract must:

a. Be in writing;

b. Contain information that will enable the secretary of state to identify the services

the professional fundraiser is to provide, including whether the professional

fundraiser will at any time have custody of contributions; and

c. Be submitted within ten days of the date of execution.

4. A parent organization filing on behalf of one or more chapters, branches, or affiliates

and a federated fundraising organization filing on behalf of its member agencies shall

pay a single annual registration fee for itself and the chapters, branches, affiliates, or

member agencies included in the registration statement. If any professional fundraiser

fails to file any registration statement or other information required to be filed by the

secretary of state under this chapter or otherwise violates this chapter, the secretary of

state, upon notice by certified mail to its last-known address, may deny or suspend the

application for registration. Any adjudicative proceedings under this chapter must be

conducted in accordance with chapter 28-32 unless otherwise specifically herein

provided. Any notice required under this chapter or chapter 28-32 may be made by

certified mail.

5. A professional fundraiser may not solicit on behalf of a charitable organization that is

not registered.
N.D. Cent. Code § 50-06-06.6 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.6
50-06-06.6. Department may lease real and personal property
Status: in_force

50-06-06.6. Department may lease real and personal property

The commissioner of the department or commissioner's designee may lease real or

personal property at the life skills and transition center or the state hospital upon a specific

finding that the granting of each such leasehold interest will result in a net economic gain for the

department, taking into account all identifiable costs. Any lease of space for the purpose of

providing child care services must meet requirements as determined by the department. The

commissioner of the department or commissioner's designee may prescribe the terms and

conditions of any leases entered into pursuant to this section and may renew existing leases.

The term of any lease may not exceed ninety-nine years.
N.D. Cent. Code § 50-09-20.2 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-20.2
50-09-20.2. Amount state liable for - Prepayment by state
Status: repealed

50-09-20.2. Amount state liable for - Prepayment by state

Repealed by S.L. 1997, ch. 403, § 13.
N.D. Cent. Code § 50-09-19 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-19
50-09-19. Care of child in boarding home or child-placing agency - How paid
Status: repealed

50-09-19. Care of child in boarding home or child-placing agency - How paid

Repealed by S.L. 1987, ch. 571, § 9.
N.D. Cent. Code § 50-25.1-11 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-11
50-25.1-11. Confidentiality of records - Authorized disclosures
Status: in_force

50-25.1-11. Confidentiality of records - Authorized disclosures

1. A report made under this chapter, as well as any other information obtained, is

confidential and must be made available to:

a. A physician who has before the physician a child whom the physician reasonably

suspects may have been abused or neglected.

b. A person who is authorized to place a child in protective custody and has before

the person a child whom the person reasonably suspects may have been abused

or neglected and the person requires the information to determine whether to

place the child in protective custody.

c. Authorized staff of the department and its authorized agents, children's advocacy

centers, and appropriate state child protection team members, and citizen review

committee members.

d. Any person who is the subject of the report; provided, however, that the identity of

persons reporting or supplying information under this chapter is protected until

the information is needed for use in an administrative proceeding arising out of

the report.

e. Public officials and their authorized agents who require the information in

connection with the discharge of their official duties.

f. A court, including an administrative hearing office, whenever the court determines

that the information is necessary for the determination of an issue before the

court.

g. 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 section 50-06-15 is made available to the researcher

unless the information is absolutely essential to the research purpose and the

department gives prior approval.

h. An individual who is identified in subsection 1 of section 50-25.1-03, and who has

made a report of suspected child abuse or neglect, if the child is likely to or

continues to come before the reporter in the reporter's official or professional

capacity.

i. A parent or a legally appointed guardian of the child identified in the report as

suspected of being, or having been, abused or neglected, provided the identity of

persons making the report or supplying information under this chapter is

protected. Unless the information is confidential under section 44-04-18.7, when

a decision is made under section 50-25.1-05.1 that a child is abused or

neglected, the department or authorized agent shall make a good-faith effort to

provide written notice of the decision to individuals identified in this subsection.

The department or authorized agent shall consider any known domestic violence

when providing notification under this section.

j. A public or private school that is the subject of a report of institutional child abuse

or neglect, provided the identity of the persons reporting or supplying the

information under this chapter is protected, except if the individuals reporting or

supplying information are employees of the public or private school.

2. In accordance with subsection 3 of section 50-11.1-07.8, upon the conclusion and

disposition of a child abuse and neglect assessment for which a determination of

confirmed decision is found, the department or authorized agent shall notify the owner,

operator, holder of a self-declaration, or in-home provider and shall notify the parent or

legally appointed guardian of a child, who at the time of notification is receiving early

childhood services under chapter 50-11.1, of the name of the subject and provide a

summary of the facts and the results of a child protection assessment conducted

under this chapter if the report made under this chapter involves the owner, operator,

holder of a self-declaration, or in-home provider; or involves a staff member or adult or

minor household member of the early childhood program, self-declaration, or in-home

provider, who is providing care to the child.

3. In accordance with subsection 4 of section 50-25.1-04.1, the department may notify

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

facility or setting of the institutional child abuse or neglect indicated determination,

written report of the state child protection team, the approved improvement plan, and

areas of deficiency that resulted in the notification.

4. If a public or private school is the subject of a report of institutional child abuse or

neglect, any records and information obtained, created, generated, or gathered by the

public or private school in response to the report or during an investigation by the

public or private school of the alleged conduct set forth in the report, are confidential

until the state child protection team makes a determination in accordance with section

50-25.1-04.1 whether institutional child abuse or neglect is indicated.
N.D. Cent. Code § 50-06.2-03 — ND Code / Title 50 / Chapter 50-06.2 / Section 50-06.2-03
50-06.2-03. Powers and duties of the state agency
Status: in_force

50-06.2-03. Powers and duties of the state agency

1. The state agency has the following powers or duties under this chapter:

a. To act as the official agency of the state in the administration of the human

services for individuals and families in conformity with state and federal

requirements.

b. To prepare, at least biennially, a comprehensive human services plan which must:

(1) Include human services determined essential in effectuating the purposes of

this chapter.

(2) Detail the human services identified by the state agency for provision by

human service centers and the services which the human service zones

make available in approved human service zone plans as a condition for the

receipt of any funds allocated or distributed by the state agency.

c. To make available, through human service zone or state-operated behavioral

health clinics, any or all of the services set out in the comprehensive human

services plan on behalf of those individuals and families determined to be eligible

for those services under criteria established by the state agency.

d. To supervise and direct the comprehensive human services administered by

human service zone and state-operated behavioral health clinics through

standard-setting, technical assistance, approval of human service zone and

regional plans, preparation of the comprehensive human services plan,

evaluation of comprehensive human services, and distribution of public money for

services.

e. Within the limits of legislative appropriations and at rates determined payable by

the state agency, to pay qualified service providers, which meet standards for

services and operations, for the provision of the following services as defined in

the comprehensive human services plan which are provided to individuals who,

on the basis of functional assessments, income, and resources, are determined

eligible for the services in accordance with rules adopted by the state agency:

(1) Homemaker services;

(2) Chore services;

(3) Respite care;

(4) Home health aide services;

(5) Case management;

(6) Family home care;

(7) Personal attendant care;

(8) Adult family foster care; and

(9) Such other services as the state agency determines to be essential and

appropriate to sustain individuals in their homes and in their communities

and to delay or prevent institutional care.

f. To take actions, give directions, and adopt rules as necessary to carry out the

provisions of this chapter.

2. For purposes of this chapter, resources do not include the individual's primary home

and the first fifty thousand dollars of liquid assets.
N.D. Cent. Code § 50-01-09.2 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-09.2
50-01-09.2. Allocation to counties by state for poor relief expenditures
Status: repealed

50-01-09.2. Allocation to counties by state for poor relief expenditures

Repealed by S.L. 1993, ch. 2, § 27.
N.D. Cent. Code § 50-11-11 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-11
50-11-11. Agency foster home for adults - Zoning
Status: in_force

50-11-11. Agency foster home for adults - Zoning

Notwithstanding the provisions in chapter 11-33, 40-47, or 58-03, or any other provisions

authorizing a political subdivision to establish or enforce zoning regulations, an agency foster

home for adults providing community support services or residential habilitation must be

considered a permitted use in a single-family or equivalent least-density residential zone.
N.D. Cent. Code § 50-06.4-07 — ND Code / Title 50 / Chapter 50-06.4 / Section 50-06.4-07
50-06.4-07. Brain injury - Informal supports - Contracts - Exemption
Status: in_force

50-06.4-07. Brain injury - Informal supports - Contracts - Exemption

1. The department shall contract with public or private entities for the provision of

informal supports to individuals with brain injury. As used in this section, "informal

supports" includes information sharing and referral services, peer mentoring, training,

facilitation of support groups, public awareness efforts, and individual and

programmatic advocacy efforts.

2. Any entity contracting with the department under this section must:

a. Demonstrate expertise in serving and enhancing the quality of life for individuals

with brain injury;

b. Agree to work in cooperation with the department, case managers, and veterans'

service officers; and

c. Agree to consult with veterans and other individuals having brain injury, their

families, and their caregivers.

3. The department is exempt from complying with chapter 54-44.4 with respect to

contracting for the provision of informal supports under this section.
N.D. Cent. Code § 50-10.2-03 — ND Code / Title 50 / Chapter 50-10.2 / Section 50-10.2-03
50-10.2-03. Rulemaking authority of department
Status: in_force

50-10.2-03. Rulemaking authority of department

The department may adopt rules in accordance with chapter 28-32, consistent with and

necessary for the implementation and enforcement of this chapter through the ombudsman

program under chapter 50-10.1.
N.D. Cent. Code § 50-06-41.1 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-41.1
50-06-41.1. Peer support certification
Status: in_force

50-06-41.1. Peer support certification

The behavioral health division shall establish and implement a program for the certification

of peer support specialists. In developing the program, the division shall:

1. Define a peer support specialist;

2. Establish eligibility requirements for certification;

3. Establish application procedures and standards for the approval or disapproval of

applications for certification;

4. Enter reciprocity agreements with other states as deemed appropriate to certify

nonresident applicants registered under the laws of other states having requirements

for peer support specialists; and

5. Establish continuing education and certification renewal requirements.
N.D. Cent. Code § 50-09-21 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-21
50-09-21. Amount county liable for - Reimbursement by county
Status: repealed

50-09-21. Amount county liable for - Reimbursement by county

Repealed by S.L. 1997, ch. 403, § 13 and S.L. 1997, ch. 404, § 79.
N.D. Cent. Code § 50-09-31 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-31
50-09-31. Victims of domestic violence - Duties of state agency
Status: in_force

50-09-31. Victims of domestic violence - Duties of state agency

1. The state agency shall:

a. Inform all temporary assistance for needy families applicants and recipients of the

options available under the domestic violence option;

b. Screen all applicants to determine who are past or present victims of domestic

violence or at risk of further domestic violence;

c. Refer these individuals to a local domestic violence sexual assault organization

for safety planning and supportive services; and

d. Determine if good cause exists to waive work requirements or time limits on

receipt of benefits for victims of domestic violence.

2. For purposes of this section:

a. "Domestic violence option" means the provision of title IV-A under which a state

may elect to implement a special program to serve victims of domestic violence.

b. "Domestic violence sexual assault organization" has the meaning provided in

section 14-07.1-01.

c. "Victims of domestic violence" means a person subject to domestic violence as

defined in section 14-07.1-01.
N.D. Cent. Code § 50-06.1-03 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-03
50-06.1-03. Custody and payment of vocational rehabilitation funds
Status: in_force

50-06.1-03. Custody and payment of vocational rehabilitation funds

The department is charged with the duty of administering all funds that are received from

federal and state sources for vocational rehabilitation purposes. All such moneys received must

be placed in the custody of the state treasurer and must be paid in accordance with legislative

appropriations by the office of management and budget as directed by the division executive

director.
N.D. Cent. Code § 50-16-01 — ND Code / Title 50 / Chapter 50-16 / Section 50-16-01
50-16-01. Community youth council authorized
Status: in_force

50-16-01. Community youth council authorized

A community youth council may be established in any city or township in this state. Such a

council may be initiated by:

1. The mayor of any city or by the president of the board of city commissioners;

2. The chairman of the board of supervisors of any township; or

3. The superintendent or principal of the schools of any municipality or community.
N.D. Cent. Code § 50-06-13 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-13
50-06-13. Biennial report to governor and office of management and budget
Status: repealed

50-06-13. Biennial report to governor and office of management and budget

Repealed by S.L. 1981, ch. 486, § 37.
N.D. Cent. Code § 50-24.4-14 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-14
50-24.4-14. General and administrative costs
Status: in_force

50-24.4-14. General and administrative costs

All general and administrative costs must be included in general and administrative costs in

total, without direct or indirect allocation to other cost categories. In a nursing home of sixty or

fewer beds, part of an administrator's salary may be allocated to other cost categories to the

extent justified in records kept by the nursing home. Central or home office costs representing

services of consultants required by law in areas including, but not limited to, dietary, pharmacy,

social services, or activities may be allocated to the appropriate department, but only if those

costs are directly identified by the nursing home. Central, affiliated, or corporate office costs

representing services of consultants not required by law in the areas of nursing, medical

records, dietary, other care-related services, and plant operations may be allocated to the

appropriate operating cost category of a nursing home according to subsections 1 through 5.

1. Only the salaries, fringe benefits, and payroll taxes associated with the individual

performing the service may be allocated. No other costs may be allocated.

2. The allocation must be based on direct identification and only to the extent justified in

time distribution records that show the actual time spent by the consultant performing

the services for the nursing home.

3. The cost in subsection 1 for each consultant must not be allocated to more than one

operating cost category in the nursing home. If more than one nursing home is served

by a consultant, all nursing homes shall allocate the consultant's cost to the same

operating category.

4. Top management personnel must not be considered consultants.

5. The consultant's full-time responsibilities are to provide the services identified in this

section.
N.D. Cent. Code § 50-11.1-12 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-12
50-11.1-12. Violation of chapter or rules - Injunction
Status: in_force

50-11.1-12. Violation of chapter or rules - Injunction

The department may seek injunctive action against an individual who provides early

childhood services for which licensure is required, a licensee, holder of a self-declaration, or

in-home provider in the district court through proceedings instituted by the attorney general on

behalf of the department, if:

1. There is a violation of this chapter or a rule adopted under this chapter; or

2. A licensee, holder of a self-declaration, or in-home provider, after notice and

opportunity for hearing on the notice of noncompliance, on the resumption of the fiscal

sanction, or after administrative hearing confirming and upholding the fiscal sanction

does not pay a properly assessed fiscal sanction in accordance with section

50-11.1-07.6.
N.D. Cent. Code § 50-28-05 — ND Code / Title 50 / Chapter 50-28 / Section 50-28-05
50-28-05. Joinder and withdrawal
Status: in_force

50-28-05. Joinder and withdrawal

1. This state's joinder of the compact is effective upon execution of the compact by the

commissioner of the department or commissioner's designee.

2. The compact may be joined by any state.

3. This state may withdraw from the compact only by written notice sent to the

appropriate officials of all other party states, but no such notice may take effect until

one year after it is given.

4. All adoption assistance agreements outstanding and to which this state is a signatory

at the time when its withdrawal from the compact takes effect must continue until they

expire or are terminated in accordance with their provisions. Until such expiration or

termination, all beneficiaries of the agreements involved shall continue to have all

rights and obligations conferred or imposed by the compact, and this state shall

continue to administer the compact to the extent necessary to fully implement those

rights and obligations.
N.D. Cent. Code § 50-06-06.9 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.9
50-06-06.9. Insurance payments by the department
Status: in_force

50-06-06.9. Insurance payments by the department

Notwithstanding any other eligibility requirements for human services programs, the

department, pursuant to rules adopted by the department, may pay health insurance premiums,

copayments, and deductibles for a person with human immunodeficiency virus infection, or for

any person maintaining a health insurance policy covering a person with human

immunodeficiency virus infection if:

1. The payment of premiums, copayments, and deductibles is determined to be a

cost-effective alternative to the payment of future medical assistance and economic

assistance costs for that person; and

2. The department determines that the person is otherwise unable to afford the cost of

the premiums, copayments, and deductibles.
N.D. Cent. Code § 50-24.1-16.1 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-16.1
50-24.1-16.1. Continuous glucose monitoring devices
Status: in_force

50-24.1-16.1. Continuous glucose monitoring devices

Medical assistance coverage, including Medicaid Expansion, must include coverage of a

continuous glucose monitoring device for a covered individual.
N.D. Cent. Code § 50-11.1-07.2 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-07.2
50-11.1-07.2. Correction orders
Status: in_force

50-11.1-07.2. Correction orders

1. If the department finds, upon inspection, the program, self-declaration, or premises is

not in compliance with this chapter or the rules adopted under this chapter, the

department may issue a correction order to the licensee or holder of a self-declaration,

provided the department does not revoke the license or self-declaration as a result of

the noncompliance. The correction order must cite the specific statute or rule violated,

state the factual basis of the violation, state the suggested method of correction, and

specify the time allowed for correction. The correction order must also specify the

amount of any fiscal sanction to be assessed if the licensee or holder of a

self-declaration fails to comply with the correction order in a timely fashion. This

section does not apply to an applicant's failure to comply with subsection 8 of section

50-11.1-03 or subdivision c of subsection 1 of section 50-11.1-16.

2. Within ten business days upon mailing or three days upon electronic transmission of

the correction order, the licensee or the holder of a self-declaration shall notify the

parent of each child receiving early childhood services that a correction order has

been issued. In addition to providing notice to the parent of each child, the licensee or

holder of a self-declaration shall post the correction order in a conspicuous location

upon the early childhood premises until the violation has been corrected or for five

days, whichever is longer.
N.D. Cent. Code § 50-24.1-01.2 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-01.2
50-24.1-01.2. Department may establish and administer state unified dental insurance coverage plan
Status: repealed

50-24.1-01.2. Department may establish and administer state unified dental insurance

coverage plan.

Repealed by S.L. 2019, ch. 408, § 39.
N.D. Cent. Code § 50-12-06 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-06
50-12-06. Placement contract
Status: in_force

50-12-06. Placement contract

Every child-placing agency upon placing a child in a foster or an adoptive home shall enter

a written agreement with the persons taking the child. The agreement must provide:

1. The placing agency has access at all reasonable times to such child and to the home

in which the child is living; and

2. For the return of the child to the placing agency whenever in the opinion of the agency,

or of the department of health and human services, the best interests of the child

require the return.
N.D. Cent. Code § 50-29-06 — ND Code / Title 50 / Chapter 50-29 / Section 50-29-06
50-29-06. Grants - Gifts - Donations - Continuing appropriation
Status: repealed

50-29-06. Grants - Gifts - Donations - Continuing appropriation

Repealed by S.L. 2019, ch. 420, § 6.
N.D. Cent. Code § 50-06.2-05 — ND Code / Title 50 / Chapter 50-06.2 / Section 50-06.2-05
50-06.2-05. County human services program funding - Tax levy authority
Status: repealed

50-06.2-05. County human services program funding - Tax levy authority

Repealed by S.L. 2019, ch. 391, § 138.
N.D. Cent. Code § 50-24.1-35 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-35
50-24.1-35. Department to expand Medicaid coverage
Status: in_force

50-24.1-35. Department to expand Medicaid coverage

The department shall ensure Medicaid coverage includes Medicaid-covered services

provided to an inmate of the department of corrections and rehabilitation or a county jail who

would be eligible for Medicaid if the inmate were not incarcerated and who is admitted to an

inpatient setting.
N.D. Cent. Code § 50-12-14 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-14
50-12-14. Foreign associations placing children in state - Consent of department required
Status: repealed

50-12-14. Foreign associations placing children in state - Consent of department

required.

Repealed by S.L. 1975, ch. 445, § 3.
N.D. Cent. Code § 50-09-15 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-15
50-09-15. Assistance for dependent children not assignable
Status: repealed

50-09-15. Assistance for dependent children not assignable

Repealed by S.L. 1987, ch. 386, § 2.
N.D. Cent. Code § 50-30-04 — ND Code / Title 50 / Chapter 50-30 / Section 50-30-04
50-30-04. Long-term care facility loans
Status: in_force

50-30-04. Long-term care facility loans

1. The department may approve loans from the long-term care facility loan fund

established under chapter 6-09.16 for renovation projects involving a nursing facility,

basic care facility, or assisted living facility.

2. An approved loan for any project may not exceed one million dollars or ninety percent

of the project cost, whichever is less.

3. The department shall give preference for loan approval to an applicant that is

converting nursing facility bed capacity to basic care bed capacity.

4. No loan may be approved unless the applicant agrees to repay to the long-term care

facility loan fund the outstanding balance of the loan and any accrued interest if the

applicant or its successor in interest ceases to operate the project or facility financed

by the loan proceeds during the ten-year period after the date the applicant began

operation of the project or facility or fails to commence operations within a reasonable

time.

5. In addition to other remedies provided by law or contract, the department may deduct

the amount of any refund due from a recipient of a loan from any money owed by the

department to such recipient or the recipient's successor in interest.
N.D. Cent. Code § 50-11.1-07.4 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-07.4
50-11.1-07.4. Fiscal sanctions
Status: in_force

50-11.1-07.4. Fiscal sanctions

If the department issues a notice of noncompliance with a correction order to an early

childhood program or holder of a self-declaration, the department shall assess fiscal sanctions

in accordance with a schedule of fiscal sanctions established by rules adopted by the

department under subsection 2 of section 50-11.1-08. The department shall assess a fiscal

sanction for each day the early childhood program or holder of a self-declaration remains in

noncompliance after the allowable time period for the correction of violations ends and the

sanction must continue as set forth in section 50-11.1-07.6 until the department receives notice

indicating the violations are corrected. The fiscal sanction for a specific violation may not exceed

one hundred dollars per day of noncompliance.
N.D. Cent. Code § 50-24.1-27 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-27
50-24.1-27. Medical assistance program management
Status: repealed

50-24.1-27. Medical assistance program management

Repealed by S.L. 2019, ch. 408, § 39.
N.D. Cent. Code § 50-10.3-06 — ND Code / Title 50 / Chapter 50-10.3 / Section 50-10.3-06
50-10.3-06. Liability
Status: in_force

50-10.3-06. Liability

A long-term care facility, facility employee, or facility contractor that, in good faith,

implements or complies with this chapter may not be held civilly liable for damages, including

punitive damages, for any act or omission related to the implementation of this chapter. This

section does not apply to any act or omission that constitutes gross negligence or willful or

wanton misconduct.
N.D. Cent. Code § 50-11.1-20 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-20
50-11.1-20. Staffing requirements
Status: in_force

50-11.1-20. Staffing requirements

Expired under S.L. 2013, ch. 376, § 10.
N.D. Cent. Code § 50-30-05 — ND Code / Title 50 / Chapter 50-30 / Section 50-30-05
50-30-05. Department to adopt rules
Status: in_force

50-30-05. Department to adopt rules

Expired under S.L. 1999, ch. 429, § 9.
N.D. Cent. Code § 50-24.6-02 — ND Code / Title 50 / Chapter 50-24.6 / Section 50-24.6-02
50-24.6-02. Drug use review board
Status: in_force

50-24.6-02. Drug use review board

1. The board is established within the department for the implementation of a drug use

review program.

2. The board consists of seventeen members. The pharmacy administrator of the

department and the medical consultant to the department are ex officio nonvoting

board members who shall provide administrative services to the board. A majority of

the appointed members must be physicians and pharmacists participating in the

medical assistance program. Four or more of the appointed members must have

experience with a drug use review process or have participated in programs in which

prior authorization is used. The appointed members of the board must be:

a. Four physicians licensed in this state and actively engaged in the practice of

medicine, one of whom is a psychiatrist, appointed by the North Dakota medical

association;

b. Two physicians licensed in this state and actively engaged in the practice of

medicine, appointed by the commissioner of the department or the

commissioner's designee;

c. Four pharmacists licensed in this state and actively engaged in the practice of

pharmacy, appointed by the North Dakota pharmaceutical association;

d. Two pharmacists licensed in this state and actively engaged in the practice of

pharmacy, appointed by the commissioner of the department or the

commissioner's designee;

e. One individual who represents consumer interests, appointed by the governor;

f. One pharmacist or physician representing the brand pharmaceutical industry

appointed by the pharmaceutical research and manufacturers of America; and

g. One pharmacist or physician representing the generic pharmaceutical industry

appointed by the association for accessible medicines.

3. Appointed board members shall serve staggered three-year terms. An appointed

member may be reappointed for a period not to exceed three 3-year terms. A vacancy

on the board must be filled for the balance of the unexpired term from the appropriate

board category as provided under subsection 2. The commissioner of the department

or the commissioner's designee may replace an appointed member of the board who

fails to attend three consecutive meetings of the board without advance excuse or who

fails to perform the duties expected of a board member. The pharmaceutical industry

representatives are nonvoting board members.

4. Voting board members shall select a presiding officer and a vice presiding officer on an

annual basis from the board's voting membership. One-half or more of nonvacant

voting board member positions constitutes a quorum.

5. The board shall meet at least once every three months and may meet at other times at

the discretion of the presiding officer. A board member is entitled to receive from the

department or the department's vendor per diem compensation and reimbursement of

expenses as determined by the department or the department's vendor, except that no

compensation under this section may be paid to any board member who receives

compensation or salary as a state employee or official.

6. A board member appointed under subdivisions a through d of subsection 2 is not

subject to the bona fide resident of the state requirement under section 44-03-04 if the

board member is providing services to residents of the state receiving medical

assistance through telemedicine or telepharmacy. The affected association shall

continue to recruit in-state board members for that board member position and will

replace the nonresident board member once the affected association has enough

appointees for all of their board member positions.

7. A board member appointed under subdivision f or subdivision g of subsection 2 is not

subject to the bona fide resident of the state requirement under section 44-03-04.
N.D. Cent. Code § 50-24.1-07 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-07
50-24.1-07. Recovery from estate of medical assistance recipient
Status: in_force

50-24.1-07. Recovery from estate of medical assistance recipient

1. On the death of any recipient of medical assistance who was a resident of a nursing

facility, intermediate care facility for individuals with intellectual disabilities, or other

medical institution and with respect to whom the department determined that resident

reasonably was not expected to be discharged from the medical institution and to

return home, or who was fifty-five years of age or older when the recipient received the

assistance, and on the death of the spouse of the deceased recipient, the total amount

of medical assistance paid on behalf of the recipient following the institutionalization of

the recipient who cannot reasonably be expected to be discharged from the medical

institution, or following the recipient's fifty-fifth birthday, as the case may be, must be

allowed as a preferred claim against the decedent's estate after payment, in the

following order, of:

a. Recipient liability expense applicable to the month of death for nursing home or

basic care services;

b. Funeral expenses not in excess of three thousand five hundred dollars;

c. Expenses of the last illness, other than those incurred by medical assistance;

d. Expenses of administering the estate, including attorney's fees approved by the

court;

e. Claims made under chapter 50-01;

f. Claims made under chapter 50-24.5;

g. Claims made under chapter 50-06.3 and on behalf of the state hospital;

h. Claims made under chapter 54-68; and

i. Claims made under subsection 4.

2. a. A claim may not be required to be paid nor may interest begin to accrue during

the lifetime of the decedent's surviving spouse, if any, nor while there is a

surviving child who is under the age of twenty-one years or is blind or

permanently and totally disabled, but no timely filed claim may be disallowed

because of the provisions of this section.

b. The department may not file a claim against an estate to recover payments made

on behalf of a recipient who was eligible for Medicaid under section 50-24.1-37

and who received coverage through a private carrier.

3. Every personal representative, upon the granting of letters of administration or

testamentary shall forward to the department a copy of the petition or application

commencing probate, heirship proceedings, or joint tenancy tax clearance

proceedings in the respective district court, together with a list of the names of the

legatees, devisees, surviving joint tenants, and heirs at law of the estate. Unless a

properly filed claim of the department is paid in full, the personal representative shall

provide to the department a statement of assets and disbursements in the estate.

4. A claim of the department made against the decedent's estate of a recipient of medical

assistance who was a full-benefit dual-eligible recipient, or against the decedent's

estate of the spouse of a deceased recipient of medical assistance who was a

full-benefit dual-eligible recipient, must include a claim for an amount equal to the

amount required to be paid each month under 42 U.S.C. 1396u-5(c)(1)(A), or a

substantially similar federal law, which reasonably may be attributable to benefits paid

on behalf of the deceased recipient in a month during which the deceased recipient

received medical assistance under this chapter and was eligible for Medicare.

5. All assets in the decedent's estate of the spouse of a deceased medical assistance

recipient are presumed to be assets in which that recipient had an interest at the time

of the recipient's death.

6. To the extent a claim for repayment of medical assistance arises for services provided

in months during which the department has in effect an approved state plan

amendment that provides for the disregard of assets in an amount equal to the

insurance benefit payments that are made to or on behalf of an individual who is a

beneficiary of an insurance policy under a qualified state long-term care insurance

partnership, the department's claim need not be paid out of assets of the decedent's

estate of a recipient of medical assistance, or assets of the decedent's estate of the

spouse of such a recipient, of a value equal to an amount the estate demonstrates

was paid for long-term care provided to the recipient of medical assistance during

those months by that insurance policy.

7. For purposes of this section:

a. "Full-benefit dual-eligible" has the meaning provided in 42 U.S.C. 1396u-5; and

b. "Qualified state long-term care insurance partnership" has the meaning provided

in 42 U.S.C. 1396p(b).

8. In any probate proceedings in which the department has filed a claim under this

section, no additional evidence of foundation may be required for the admission of the

department's payment record supporting the department's claim if the payment record

is certified as a true copy and bears the signature of a representative of the

department. There is a rebuttable presumption that the amount of medical assistance

on the claim was incurred and paid on behalf of the recipient of medical assistance

and is an allowable claim.
N.D. Cent. Code § 50-11-02 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-02
50-11-02. License or certification granted - Term - Conditions
Status: in_force

50-11-02. License or certification granted - Term - Conditions

1. The department shall grant a license or certification for the operation of a facility

receiving persons for foster care, for a period of not more than two years, to reputable

and responsible persons upon showing that:

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

provide good care for all persons who may be received;

b. The persons in active charge of the facility are properly qualified to carry on

efficiently the duties required of them;

c. The facility is likely to be conducted for the public good in accordance with sound

social policy and with due regard to the health, morality, and well-being of all

persons cared for in the facility;

d. The facility will be maintained according to the standards prescribed for its

conduct by the rules of the department;

e. The applicant has not had a previous facility license, certification, or approval

denied within two years of the date of the current application, unless waived by

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

and the licensing, certification, or approval history of the applicant; and

f. The applicant has not had a previous facility license, certification, or approval

revoked within five years of the date of the current application, unless waived by

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

and the licensing, certification, or approval history of the applicant.

2. Before licensing, certifying, or approving a facility providing foster care for children or

adults, the department shall seek a criminal history record when required by this

chapter. The department shall consider any criminal history record information

available at the time a license, certification, or approval decision is made.

3. The department shall determine, in accordance with rules of the department, whether

a license, certification, or approval may be issued to a facility that houses or employs

any individual who has a criminal record.
N.D. Cent. Code § 50-25.1-18 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-18
50-25.1-18. Prenatal exposure to alcohol misuse - Reporting requirements
Status: repealed

50-25.1-18. Prenatal exposure to alcohol misuse - Reporting requirements

Repealed by S.L. 2025, ch. 461, § 4.
N.D. Cent. Code § 50-25.1-05.5 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-05.5
50-25.1-05.5. Child abuse information index - Establishment
Status: in_force

50-25.1-05.5. Child abuse information index - Establishment

The division of children and family services or other division as determined appropriate by

the department shall maintain a child abuse information index of all 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. Reports must remain on the child

abuse information index for a period no greater than twenty-five years following the

determination. The department shall adopt rules for child abuse information index retention

schedules and expungement procedures from those confirmed subjects of child abuse, neglect,

or death resulting from abuse or neglect.
N.D. Cent. Code § 50-06-40 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-40
50-06-40. Medication therapy management program
Status: in_force

50-06-40. Medication therapy management program

1. The department shall establish a medication therapy management program available

to Medicaid-eligible individuals in the medical and hospital benefits coverage group.

The purpose of the medication therapy management program is to coordinate health

care and improve the health of individuals in the identified health populations and to

manage health care expenditures.

2. The department may involve physicians, pharmacists, and other health professionals

in the program. Any physicians, pharmacists, and other health professionals who

provide face-to-face or telephonic medication therapy management services to

covered individuals in the identified health population are entitled to reimbursement.

3. The department may request the assistance of the North Dakota pharmacists

association or a specified delegate to implement a formalized medication therapy

program. This program must facilitate enrollment procedures, provide standards of

care, enable consistent documentation of clinical and economic outcomes, and

structure an outcomes reporting system.
N.D. Cent. Code § 50-12-03.1 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-03.1
50-12-03.1. Conviction not bar to licensure or employment - Exceptions
Status: in_force

50-12-03.1. Conviction not bar to licensure or employment - Exceptions

Conviction of an offense does not disqualify a person from licensure or employment under

this chapter unless the department of health and human services determines that the offense

has a direct bearing upon a person's ability to serve the public as the owner or employee of a

child-placing agency, or that, following the person's conviction of any offense, the person is not

sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 50-25.1-16.1 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-16.1
50-25.1-16.1. Postpartum exposure to controlled substances or alcohol misuse - Reporting requirements
Status: in_force

50-25.1-16.1. Postpartum exposure to controlled substances or alcohol misuse -

Reporting requirements.

An individual required to report under section 50-25-03 with knowledge or reasonable cause

to suspect a postpartum woman has engaged in the abuse of a controlled substance or alcohol

misuse is exempt from reporting when the individual is providing or collaborating with other

professionals to provide the woman or her infant with postpartum or substance abuse services,

including voluntary entrance into a licensed treatment program. If the woman discontinues

regular postnatal care, fails to cooperate in the provision of services for the infant, 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 section 50-25-03.
N.D. Cent. Code § 50-06-28 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-28
50-06-28. Substance abuse treatment pilot program
Status: in_force

50-06-28. Substance abuse treatment pilot program

Expired under S.L. 2005, ch. 414, § 4.
N.D. Cent. Code § 50-24.8-05 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-05
50-24.8-05. Burden of proof
Status: in_force

50-24.8-05. Burden of proof

The standard of proof in a civil action brought under this chapter is the preponderance of

the evidence.
N.D. Cent. Code § 50-24.1-34 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-34
50-24.1-34. Processing of claims submitted on behalf of inmates
Status: in_force

50-24.1-34. Processing of claims submitted on behalf of inmates

The department of health and human services shall process claims submitted by enrolled

medical providers on behalf of inmates at county jails. Each county shall pay the department for

the paid amount for the claims processed and also a processing fee for each claim submission.

The department may establish a processing fee that may not exceed fifty dollars and shall

update the fee annually on July first. The processing fee must be based on the actual costs to

the department of the claims processing operations divided by the annual volume of claims

submitted. The department shall invoice each county for payment of the processing fee.
N.D. Cent. Code § 50-09-02.2 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-02.2
50-09-02.2. Assistance for adopted children with special needs
Status: in_force

50-09-02.2. Assistance for adopted children with special needs

1. Assistance provided under this chapter or chapter 50-24.1 after adoption to a child

with special needs must be provided without regard to the income or resources of the

adopting parents. Except as provided in this section, such assistance continues until:

a. The adopted child is emancipated or dies;

b. The adopted child has attained the age of eighteen or up to the date the

individual attains the age of twenty-one, as elected by the state agency under

section 475(8)(B) of the federal Social Security Act [42 U.S.C. 675(8)(B)];

c. The adoption is terminated;

d. A determination of ineligibility is made by the state agency;

e. The state agency determines the adoptive parents are no longer legally

responsible for support of the child who has not attained eighteen years of age,

as the adoptive parent's parental rights have been terminated or the child is

emancipated, marries, or enlists in the military; or

f. The state agency determines the adoptive parents are no longer providing

support to the child.

2. Assistance provided to an adopted child must continue regardless of the residence of

the adopting parents. The state agency may require, as a condition of receiving

assistance under this chapter or chapter 50-24.1, that the adopting parents enter a

contract or agreement regarding the type of assistance to be received; the amount of

assistance; the identity of the physical, mental, or emotional condition for which

medical assistance is received; or any conditions for continued receipt of assistance. A

child with special needs is a child legally available for adoptive placement whose

custody has been awarded to a public agency authorized by law to receive and

provide care for the child and who is seven years of age or older; under eighteen years

of age with a physical, emotional, or mental disability or has been diagnosed by a

licensed physician, physician assistant, or advanced practice registered nurse to be at

high risk for such a disability; a member of a minority; or a member of a sibling group.

Once an adoption assistance agreement is signed with the adoptive parent, the state

agency shall obtain the concurrence of the adoptive parent if any changes in the

payment amount are made, unless the assistance is discontinued under subsection 1.
N.D. Cent. Code § 50-06.2-07 — ND Code / Title 50 / Chapter 50-06.2 / Section 50-06.2-07
50-06.2-07. Disqualifying transfers
Status: in_force

50-06.2-07. Disqualifying transfers

An individual is not eligible to receive benefits under this chapter if, at any time before or

after making application, the individual or the individual's spouse has made any assignment or

transfer of any asset for the purpose of making that individual eligible for the benefits.

Assignment or transfer includes any action or failure to act that effects a transfer, renunciation,

or disclaimer of any asset or interest in an asset that the individual might otherwise assert or

have asserted, or which serves to reduce the amount that an individual might otherwise claim

from a decedent's estate, a trust or similar device, or another individual obligated by law to

furnish support.
N.D. Cent. Code § 50-24.1-43 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-43
50-24.1-43. Medical assistance benefits - Metabolic supplements
Status: in_force

50-24.1-43. Medical assistance benefits - Metabolic supplements

Medical assistance coverage must include coverage of a metabolic supplement if:

1. The metabolic supplement has been identified and agreed to be covered by the

department;

2. The metabolic supplement is part of a standard recommendation for treatment;

3. A suitable metabolic supplement that is a covered outpatient drug is not available;

4. The individual is under nineteen years of age; and

5. Payment is made at a rate determined by the department.
N.D. Cent. Code § 50-06.1-09 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-09
50-06.1-09. Maintenance not assignable
Status: in_force

50-06.1-09. Maintenance not assignable

The right of a disabled individual to vocational rehabilitation maintenance under this chapter

is not transferable or assignable at law or in equity.
N.D. Cent. Code § 50-06.2-02 — ND Code / Title 50 / Chapter 50-06.2 / Section 50-06.2-02
50-06.2-02. Definitions
Status: in_force

50-06.2-02. Definitions

As used in this chapter:

1. "Comprehensive human services" means services included in the comprehensive

human services plan published by the state agency and human services required by

state law or state agency regulation or federal law or regulation as a condition for the

receipt of federal financial participation in programs administered under the provisions

of this title.

2. "Family home care" means the provision of room, board, supervisory care, and

personal services to an eligible elderly or disabled person by the spouse or by one of

the following relatives, or the current or former spouse of one of the following relatives,

of the elderly or disabled person: parent, grandparent, adult child, adult sibling, adult

grandchild, adult niece, or adult nephew. The family home care provider need not be

present in the home on a twenty-four-hour basis if the welfare and safety of the client

is maintained.

3. "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 state agency.

4. "Human service zone plan" means the human service zone plan required by section

50-06.2-04.

5. "Human services" means:

a. A service or assistance provided to an individual or an individual's family in need

of services or assistance, including child welfare services, economic assistance

programs, medical service programs, and aging service programs, to assist the

individual or the individual's family in achieving and maintaining basic

self-sufficiency, including physical health, mental health, education, welfare, food

and nutrition, and housing.

b. A service or assistance provided, administered, or supervised by the department

in accordance with chapter 50-06.

c. Licensing duties as administered or supervised by the department or delegated

by the department to a human service zone.

6. "Qualified service provider" means a human service zone or independent contractor

which agrees to meet standards for service and operations established by the state

agency.

7. "State agency" means the department of health and human services.

8. "State-operated behavioral health clinic" means a department-operated behavioral

health clinic established under section 50-06-05.2.
N.D. Cent. Code § 50-24.1-24 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-24
50-24.1-24. Provider appeals - Definitions
Status: in_force

50-24.1-24. Provider appeals - Definitions

1. For purposes of this section:

a. "Denial of payment" means that the department has denied payment for a

medical assistance claim or reduced the level of service payment for a service

provided to an individual who was an eligible medical assistance recipient at the

time the service was provided or the recoupment or adjustment of a claim, or part

of a claim, following an audit or review.

b. "Provider" means an individual, entity, or facility that furnishes medical or

remedial services or supplies pursuant to a provider agreement with the

department or a third-party billing agency of the provider.

2. A provider may request a review of denial of payment under this section by filing a

written request for review with the department within thirty days of the date of the

department's denial of payment. The written request for review must include the

remittance advice or the notice of recoupment or adjustment and a statement of each

disputed item with the reason or basis for the dispute. A provider may not request

review under this section of the rate paid for a particular service or for a full or partial

denial, recoupment, or adjustment of a claim due to required federal or state changes,

payment system defects, or improper claims submission.

3. Within thirty days after requesting a review, a provider shall provide to the department

all documents, written statements, exhibits, and other written information that support

the provider's request for review, together with a computation and the dollar amount

that reflects the provider's claim as to the correct computation and dollar amount for

each disputed item.

4. The department shall assign to a provider's request for review someone other than any

individual who was involved in the initial denial of the claim. A provider who has

requested review may contact the department for an informal conference regarding the

review anytime before the department has issued its final decision.

5. The department shall make and issue a final decision within seventy-five days of

receipt of the notice for review, if the department has denied payment for a medical

assistance claim or reduced the level of service payment for a service. The department

shall make and issue a decision within seventy-five days, or as soon thereafter as

possible, of receipt of the notice of request for review, if the department has recouped

or adjusted a claim, or part of a claim, following an audit. The department's final

decision must conform to the requirements of section 28-32-39. A provider may appeal

the final decision of the department to the district court in the manner provided in

section 28-32-42, and the district court shall review the department's final decision in

the manner provided in section 28-32-46. The judgment of the district court in an

appeal from a request for review may be reviewed in the supreme court on appeal by

any party in the same manner as provided in section 28-32-49.

6. Upon receipt of notice that the provider has appealed its final decision to the district

court, the department shall make a record of all documents, written statements,

exhibits, and other written information submitted by the provider or the department in

connection with the request for review and the department's final decision on review,

which constitutes the entire record. Within thirty days after an appeal has been taken

to district court as provided in this section, the department shall prepare and file in the

office of the clerk of the district court in which the appeal is pending the original and a

certified copy of the entire record, and that record must be treated as the record on

appeal for purposes of section 28-32-44.
N.D. Cent. Code § 50-25.1-04.4 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-04.4
50-25.1-04.4. Child fatality review panel - Access to records
Status: in_force

50-25.1-04.4. Child fatality review panel - Access to records

Upon the request of a coroner or the presiding officer of a child fatality review panel, any

hospital, physician, medical professional, medical facility, mental health professional, mental

health facility, school counselor, or division of juvenile services employee shall disclose all

records of that entity with respect to any child who has or is eligible to receive a certificate of live

birth and who has died. The person submitting the request shall reimburse the disclosing entity

for the actual costs of assembling and disclosing the information.
N.D. Cent. Code § 50-11.3-01 — ND Code / Title 50 / Chapter 50-11.3 / Section 50-11.3-01
50-11.3-01. Criminal history record investigation required
Status: in_force

50-11.3-01. Criminal history record investigation required

1. Before appointment as a legal guardian under chapter 27-20.1, the individual to be

appointed legal guardian must be subject to an assessment that includes the result of

a criminal history record investigation made under this section. In addition, any adult

living in the household of the individual to be appointed legal guardian must be subject

to a criminal history record investigation made under this section.

2. An individual to be appointed legal guardian or any adult living in that individual's

household as described in subsection 1 shall secure, from a law enforcement agency

or other agency authorized to take fingerprints, two sets of fingerprints and shall

provide all other information necessary to secure state criminal history record

information and a nationwide background check under federal law. Upon a request

made under this section, a law enforcement agency shall take fingerprints of any

individual to be appointed legal guardian or any adult living in that individual's

household as described in subsection 1 and may charge a reasonable fee to offset the

cost of fingerprinting.

3. An individual to be appointed legal guardian or any adult living in that individual's

household as described in subsection 1 shall assure that information obtained under

subsection 2 is provided to the department of health and human services.

4. Upon receipt of all fingerprints and necessary information relating to a criminal history

record investigation, the department of health and human services shall submit those

fingerprints and that information to the bureau of criminal investigation.

5. The bureau of criminal investigation shall request a nationwide background check from

the federal bureau of investigation and, upon receipt of a response, provide the

response of the federal bureau of investigation to the department of health and human

services. The bureau of criminal investigation shall also provide any criminal history

record information that may lawfully be made available under chapter 12-60 to the

department of health and human services. The bureau of criminal investigation may

charge a reasonable fee to offset the cost of providing any criminal history record

information and may require payment of any charge imposed by the federal bureau of

criminal investigation for a nationwide background check.

6. The department of health and human services shall provide an individual to be

appointed legal guardian or any adult living in that individual's household, who

provided the department with information under subsection 2, with any information

received under this section from the bureau of criminal investigation which the

department of health and human services is not prevented by federal law from

disclosing to the individual to be appointed legal guardian or any adult living in that

individual's household.

7. The department of health and human services may adopt emergency rules under this

section without the finding otherwise required under section 28-32-02.

8. A criminal history record investigation completed under this section may be used to

satisfy the criminal history record investigation requirements of sections 50-11-06.8

and 50-12-03.2.
N.D. Cent. Code § 50-09-23 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-23
50-09-23. Fraudulent acts - Penalty
Status: repealed

50-09-23. Fraudulent acts - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 50-29-04 — ND Code / Title 50 / Chapter 50-29 / Section 50-29-04
50-29-04. Plan requirements
Status: in_force

50-29-04. Plan requirements

The plan:

1. Must be consistent with coverage provided to children eligible for medical assistance

in the state; and

2. Must provide:

a. A modified adjusted gross income eligibility limit of two hundred five percent of

the poverty line; and

b. Current eligibility may be established from the first day of the month in which the

application was received. Retroactive eligibility may be established for the three

calendar months that immediately preceded the month in which the application

was received even if there is no eligibility in the month of application. Eligibility

can be established if all factors of eligibility are met during each month.
N.D. Cent. Code § 50-06.4-08 — ND Code / Title 50 / Chapter 50-06.4 / Section 50-06.4-08
50-06.4-08. Social and recreational services
Status: in_force

50-06.4-08. Social and recreational services

The department shall provide or contract for the provision of social and recreational

services, including day supports, to individuals with brain injury, if the department determines

that available vocational rehabilitative services do not meet the individuals' needs.
N.D. Cent. Code § 50-22-07 — ND Code / Title 50 / Chapter 50-22 / Section 50-22-07
50-22-07. Rules
Status: in_force

50-22-07. Rules

The secretary of state may adopt rules the secretary of state deems necessary and

appropriate to fully implement the provisions of this chapter in accordance with chapter 28-32,

but which need not comply with section 28-32-07.
N.D. Cent. Code § 50-06-05 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-05
50-06-05. Officers and meetings of board
Status: repealed

50-06-05. Officers and meetings of board

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 50-11-02.4 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-02.4
50-11-02.4. Criminal history record investigation for foster care for adults - Fingerprinting not required
Status: in_force

50-11-02.4. Criminal history record investigation for foster care for adults -

Fingerprinting not required.

1. Except as provided in section 50-11-06.9, the department shall secure from any

individual employed by, or providing care in, a facility providing foster care for adults

and any adult living in the facility, but not being provided care in the facility, identifying

information other than fingerprints, that is appropriate to accomplish a statewide

criminal history record investigation.

2. Fingerprints need not be taken and a nationwide background check need not be made

if an individual:

a. Has resided continuously in this state for eleven years or since reaching age

eighteen, whichever is less;

b. Is on active United States military duty or has resided continuously in this state

since receiving an honorable discharge; or

c. Is excused from providing fingerprints under rules adopted by the department.

3. The department shall verify that sufficient identifying information has been provided.

Upon verification, the department shall submit that information to the bureau of

criminal investigation.

4. The bureau of criminal investigation shall provide any criminal history record

information that may lawfully be made available under chapter 12-60 to the

department. The department shall provide a copy of any response received from the

bureau of criminal investigation to the facility.

5. The department shall pay the cost of securing any criminal history record information

made available under chapter 12-60 and section 50-11-06.8 for foster home for adults.

An agency foster home for adults is responsible for the cost of securing any criminal

history record information made available under chapter 12-60 and section 50-11-06.8.

6. The department shall consult with the bureau of criminal investigation to determine the

identifying information, other than fingerprints, appropriate to accomplish a statewide

criminal history record investigation.

7. The department may adopt emergency rules under this section without the finding

otherwise required under section 28-32-02.
N.D. Cent. Code § 50-06-36.1 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-36.1
50-06-36.1. Regional crisis support services for individuals with an intellectual or developmental disability
Status: in_force

50-06-36.1. Regional crisis support services for individuals with an intellectual or

developmental disability.

The department shall establish regional crisis support services for individuals with an

intellectual or developmental disability. The regional crisis support services teams shall provide

timely crisis assistance to individuals with an intellectual or developmental disability.
N.D. Cent. Code § 50-11-03.2 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-03.2
50-11-03.2. Use of public funds
Status: in_force

50-11-03.2. Use of public funds

1. Public funds for the purchase of foster care for children or adults may be used only in

facilities licensed, certified, or approved by the department. No person acting on behalf

of any state, county, or local governmental entity may arrange for or promote care

provided in a facility that does not have a license, certification, or approval issued by

the department. This section does not apply to any home or institution under the

management and control of the state.

2. Nonfederal funds may be used to reimburse the costs of shelter care placements for

no more than seven days if the shelter care services are certified by the department. If

the entity has diligently pursued other placement, the department may grant an

extension for the health and safety of the child or due to unforeseeable circumstances.

3. Nonfederal funds may be used for maintenance payments to an unlicensed identified

relative or unlicensed kinship relative for no more than six months and to a guardian

with a subsidy approval made by the department.
N.D. Cent. Code § 50-09-02.3 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-02.3
50-09-02.3. Department to apply for waiver
Status: repealed

50-09-02.3. Department to apply for waiver

Repealed by S.L. 1995, ch. 464, § 1.
N.D. Cent. Code § 50-06-06.8 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.8
50-06-06.8. Administration of child care block grant and at-risk child care programs
Status: repealed

50-06-06.8. Administration of child care block grant and at-risk child care programs

Repealed by S.L. 1997, ch. 404, § 78.
N.D. Cent. Code § 50-24.5-02.1 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-02.1
50-24.5-02.1. Registration of assisted living facilities
Status: repealed

50-24.5-02.1. Registration of assisted living facilities

Repealed by S.L. 2003, ch. 429, § 5.
N.D. Cent. Code § 50-24.1-02.1 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-02.1
50-24.1-02.1. Assignment of claim
Status: in_force

50-24.1-02.1. Assignment of claim

1. Each applicant or recipient of benefits under this chapter must be deemed to have

assigned, to the department, any right of recovery the applicant or recipient may have

for medical costs incurred under this chapter not exceeding the amount of funds

expended by the department for the care and treatment of the applicant or recipient.

The applicant or recipient, or other person empowered by law to act in the applicant's

or recipient's behalf, shall execute and deliver an assignment of claim, assignment of

rights, or other authorizations as necessary to secure fully the right of recovery of the

department. The assignment:

a. Is effective as to both current and accrued medical support recovery obligations.

b. Takes effect upon a determination that an applicant is eligible for assistance

under this chapter.

2. The department may compromise claims arising out of assignments made under this

section on such terms as it may deem just and appropriate. The department may not

be compelled to compromise any claim.
N.D. Cent. Code § 50-24.6-09 — ND Code / Title 50 / Chapter 50-24.6 / Section 50-24.6-09
50-24.6-09. Maximum allowable costs and use of edits
Status: in_force

50-24.6-09. Maximum allowable costs and use of edits

1. To promote efficiency and savings in the department's service to eligible medical

assistance program recipients, the department shall create and implement the

broadest possible list of drugs that can be paid at the maximum allowable costs. To

further promote efficiency and savings, the department shall maximize use of edit

programs that pertain to payment of medical assistance program pharmaceutical

claims. Upon request of a member of the legislative assembly, the department shall

provide to that member a summary of edit programs available to the medical

assistance program and a description of the department's progress in implementing

the edit programs.

2. The department shall participate in current and future innovative rebate and other

program options, including value-based purchasing programs, as feasible, reasonable,

and cost-effective for the state.
N.D. Cent. Code § 50-01-04 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-04
50-01-04. Records to be kept
Status: in_force

50-01-04. Records to be kept

Every person who administers general assistance shall maintain reasonable records.
N.D. Cent. Code § 50-11.1-18 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-18
50-11.1-18. Early childhood inclusion support services program
Status: in_force

50-11.1-18. Early childhood inclusion support services program

1. The department may establish an early childhood inclusion support services program

for providers that provide care for children with disabilities, special needs, or

developmental delays. The early childhood inclusion support services program may

offer direct payments and technical assistance to:

a. Support the staffing needs to expand the ability to care for children with

disabilities, special needs, or developmental delays; and

b. Assist in modifying or adapting the early childhood services setting as needed to

address the health, safety, and developmental needs of children with disabilities,

special needs, or developmental delays.

2. The department may fund early childhood services specialists to make available

technical assistance to providers that care for children with disabilities, special needs,

or developmental delays. The technical assistance program must be designed to:

a. Assist providers that request support and information regarding caring for children

with disabilities, special needs, or developmental delays;

b. Assist providers in adapting the program environment and care practices to meet

the individual child's needs and to build the providers' capacity to serve children

with disabilities, special needs, or developmental delays;

c. In partnership with the child's parents and health care provider, assist the

provider in the development or coordination of care plans for children with

disabilities, special needs, or developmental delays relevant to the care setting;

d. In partnership with the child's parents, foster communication with the team of

specialists serving the child to ensure consistency in therapy practices and

appropriate approaches;

e. Provide classroom training to providers to assist the providers in the integration of

children with disabilities, special needs, or developmental delays; and

f. As requested by the providers, conduct one-on-one training at the provider's

premises to assist the provider in the integration of children with disabilities,

special needs, or developmental delays.

3. To be eligible for the early childhood inclusion support services program, the provider

must:

a. Be a licensed early childhood program or self-declared;

b. Collaborate with service providers that provide formal supports to the child or

children with disabilities, special needs, or developmental delays; and

c. Work with the child's family and an inclusion or health specialist to complete a

care plan appropriate for the child care setting.

4. For purposes of this section, a child with special needs includes any child in this state

between the ages of birth through twelve years who receives support through either

public or private disability-related services and support and includes a child who is in

the process of being evaluated for public or private disability-related services and

support. A child with special needs includes a child who is at risk for developmental

delays including any child between the ages of birth through twelve years who

received foster care services; who has a previous substantiated history as a victim of

child abuse, neglect, or domestic violence; who is homeless; who has documented

special health care needs; or who has a parent with a significant disability.

5. The department may accept gifts, grants, and donations from any source to assist the

department in the establishment and implementation of the early childhood services

inclusion support services program. Any gifts, grants, and donations received are

appropriated to the department on a continuing basis for the purpose of funding the

early childhood services inclusion support services program under this section.

6. 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 § 50-25.1-24 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-24
50-25.1-24. Evidence-based screening tool records - Confidentiality - Admissibility - Privileged
Status: in_force

50-25.1-24. Evidence-based screening tool records - Confidentiality - Admissibility -

Privileged.

1. Evidence-based screening tool records are confidential and may be only used for

conducting a screening, treatment, referral for services, and receiving services.

2. Evidence-based screening tool records are not subject to section 50-25.1-11.

3. The department may release reports, data compilations, analyses, and summaries,

which identify or analyze trends.

4. Evidence-based screening tool records are privileged and are not subject to subpoena

or discovery or introduction into evidence in any civil or administrative action.
N.D. Cent. Code § 50-06-43.1 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-43.1
50-06-43.1. Children's cabinet - Membership - Duties - Report
Status: repealed

50-06-43.1. Children's cabinet - Membership - Duties - Report

Repealed by S.L. 2025, ch. 480, § 2.
N.D. Cent. Code § 50-25.3-04 — ND Code / Title 50 / Chapter 50-25.3 / Section 50-25.3-04
50-25.3-04. Expedited hearing
Status: in_force

50-25.3-04. Expedited hearing

If a petition for visitation states the vulnerable adult's health is in significant decline or the

vulnerable adult's death may be imminent, the court shall conduct an emergency hearing on the

petition as soon as practicable and no later than fourteen days after the date the petition is filed

with the court, or at a later date upon a showing of good cause.
N.D. Cent. Code § 50-25.2-11.1 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-11.1
50-25.2-11.1. Civil remedy for financial exploitation - Damages - Commencement of action
Status: in_force

50-25.2-11.1. Civil remedy for financial exploitation - Damages - Commencement of

action.

1. A vulnerable adult who has been financially exploited has a cause of action against

any perpetrator and may recover damages for that exploitation. The action may be

brought in a court of competent jurisdiction by:

a. The vulnerable adult;

b. The vulnerable adult's guardian or conservator;

c. Any person acting on behalf of the vulnerable adult with the consent of the

vulnerable adult; or

d. The personal representative of the estate of a deceased victim.

2. An action for financial exploitation of a vulnerable adult must be proven by clear and

convincing evidence. If financial exploitation is proven, the court shall award to the

plaintiff actual damages, reasonable attorney's fees and costs, and reasonable fees for

the services of a guardian ad litem if appointed by the court.

3. If the financial exploitation of the vulnerable adult by the perpetrator involved

oppression, fraud, deception, or actual malice, the court may award exemplary

damages in accordance with section 32-03.2-11.

4. An action for damages for financial exploitation of a vulnerable adult must be

commenced within six years after the plaintiff discovers or, through exercise of

reasonable diligence, should have discovered the facts constituting the financial

exploitation.
N.D. Cent. Code § 50-24.3-04 — ND Code / Title 50 / Chapter 50-24.3 / Section 50-24.3-04
50-24.3-04. Preadmission assessment of persons
Status: repealed

50-24.3-04. Preadmission assessment of persons

Repealed by S.L. 1991, ch. 514, § 1.