N.D. Cent. Code § 50-22-01 — ND Code / Title 50 / Chapter 50-22 / Section 50-22-01
50-22-01. Definitions
Status: in_force

50-22-01. Definitions

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

1. "Accounting year" means the twelve-month period on which a charitable organization

keeps its financial records.

2. a. "Charitable organization" means a person that engages in or purports to engage

in solicitation for a charitable purpose and includes a chapter, branch, area office,

or similar affiliate or a person soliciting contributions within the state for a parent

charitable organization.

b. The term "charitable organization" does not include:

(1) An organization that solicits funds for an institution of higher learning.

(2) An organization that uses only volunteer unpaid fundraisers and that solicits

funds for a political subdivision or other government entity or for a civic or

community project in which the contributions received are used solely for the

project and none of the contributions inure to the benefit of any individual.

(3) A private or public elementary or secondary school.

(4) A charitable organization or person that solicits contributions for any person

specified by name at the time of the solicitation if all the contributions

received are transferred within a reasonable time after receipt to the person

named or that person's parent, guardian, or conservator with no restriction

on their expenditure and with no deduction.

(5) A religious society or organization that is exempt from filing a federal annual

information return pursuant to Internal Revenue Code section 6033(a)(2)(A)

(i) and (iii) [26 U.S.C. 6033(a)(2)(A)(i) and (iii)] or Internal Revenue Code

section 6033(a)(2)(C)(i) [26 U.S.C. 6033(a)(2)(C)(i)].

(6) Any candidate for national, state, or local elective office or political party or

other committee required to file information with the federal election

commission, a state election commission, or an equivalent office or agency.

3. "Charitable purpose" means a charitable, benevolent, philanthropic, religious, social

service, welfare, educational, cultural, artistic, or public interest purpose, either actual

or purported.

4. "Contribution" means cash or the promise, grant, or pledge of any money, credit,

assistance, or property of any kind or value, including the promise to pay, provided in

response to a solicitation. "Contribution" includes, in the case of a charitable

organization offering goods and services to the public, the difference between the

direct cost of the goods and services to the charitable organization and the price at

which the charitable organization or a person acting on behalf of that organization

resells those goods or services to the public. "Contribution" does not include bona fide

fees, dues, or assessments paid by members of an organization, provided that:

a. Membership is not conferred in exchange for a contribution in response to a

solicitation; or

b. Membership provides no benefit in addition to the right to vote or otherwise

participate in the organization and the right to receive literature.

5. "Person" means any individual, organization, association, partnership, corporation, or

limited liability company.

6. "Professional fundraiser" means a person who, for financial compensation or profit,

performs for a charitable organization a service in connection with which contributions

are, or will be, solicited in this state by the compensated person or by a compensated

person the person employs, procures, or engages to solicit; or a person who for

compensation or profit plans, manages, advises, consults, or prepares material for, or

with respect to, the solicitation in this state of contributions for a charitable

organization. A bona fide full-time salaried officer or employee of a charitable

organization maintaining a permanent establishment within the state may not be

deemed to be a professional fundraiser.

An attorney, investment counselor, or banker who advises any person to make a

contribution to a charitable organization may not be deemed, as the result of that

advice, to be a professional fundraiser.

7. "Solicitation" and "solicit" mean the request to the public or member of the public for a

contribution on the representation that the contribution will be used in whole or in part

for a charitable purpose, including:

a. An oral request made in person or by telephone, radio, television, electronic

communication including the internet, or other advertising or communication

media;

b. A written or other recorded or published request, that is mailed, sent, delivered,

circulated, distributed, posted in a public place, or advertised or communicated

through any medium available to the public and described in subdivision a;

c. A sale of or attempt to sell any good or service in which the good or service is

priced above fair market value or when it is otherwise represented that some

portion of the purchase price will be used for a charitable purpose; or

d. An announcement inviting the public to attend an assembly, event, exhibition,

performance, or social gathering of any kind where admission is conditioned on

the receipt of a contribution or at which function contributions will be otherwise

solicited.

A solicitation is deemed to have occurred regardless of whether the party solicited

makes a contribution.
N.D. Cent. Code § 50-06-43 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-43
50-06-43. Task force on children's behavioral health - Membership - Duties - Reports to governor and legislative management
Status: repealed

50-06-43. Task force on children's behavioral health - Membership - Duties - Reports

to governor and legislative management.

Repealed by S.L. 2019, ch. 394, § 5.
N.D. Cent. Code § 50-12-03.2 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-03.2
50-12-03.2. Criminal history record investigation required
Status: in_force

50-12-03.2. Criminal history record investigation required

1. A child-placing agency shall include, in any adoptive home study report, the results of

a criminal history record investigation made under this section. If the results reveal a

conviction of a crime described in chapter 50-11.3 or determined by the department to

have a direct bearing upon the person's ability to provide a suitable home for

placement of any child, or the department determines, following conviction of any other

offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1, the

home study report must include a determination that a home provided by the

prospective adoptive parent is not a suitable home for the placement of any child and

a recommendation that the petition for adoption be denied. A child-placing agency

shall consider any criminal history record information available when making a

recommendation in a home study report.

2. A child-placing agency shall secure, from a law enforcement agency or any 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 from any prospective adoptive parent

and any adult living in the prospective adoptive parent's household. Upon a request of

a child-placing agency, a law enforcement agency shall take fingerprints of any

prospective adoptive parent and any adult living in the prospective adoptive parent's

household for purposes of this section. An agency that takes fingerprints as provided

under this section may charge a reasonable fee to offset the cost of fingerprinting.

3. The child-placing agency shall assure that information obtained under subsection 2 is

provided to the department of health and human services and shall arrange payment

to the bureau of criminal investigation sufficient to defray the cost of securing criminal

history record information under this section.

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.

6. The department of health and human services shall provide the child-placing agency

with any information, received under this section from the bureau of criminal

investigation, that the department of health and human services is not prevented by

federal law from disclosing to the child-placing agency.

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 50-11.3-01.
N.D. Cent. Code § 50-11-03 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-03
50-11-03. Department to make rules - Records kept by facility
Status: in_force

50-11-03. Department to make rules - Records kept by facility

A record of all children and adults cared for in any facility licensed, certified, or approved

under this chapter must be maintained in the manner and form prescribed by the department.

The department shall establish reasonable minimum standards, and shall make such

reasonable rules for the conduct of such place as are necessary to carry out the purposes of

this chapter.
N.D. Cent. Code § 50-12-17 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-17
50-12-17. Licensure requirement - Registration requirement - Penalty
Status: in_force

50-12-17. Licensure requirement - Registration requirement - Penalty

1. A person may not place or cause to be placed any child in a family home for adoption

without a license to do so from the department of health and human services.

2. Adoption services may be provided by the department when a conflict of interest with a

child-placing agency exists and another child-placing agency is unable to provide the

service.

3. A parent, upon giving written notice to the department, may place the parent's child in

the home of the child's parent, stepparent, grandparent, adult brother or sister, adult

uncle or aunt, or guardian for adoption by the person receiving the child. The child

must be considered abandoned if proceedings for the adoption or guardianship of the

child are not initiated by such relative within one year following the date of notice of

placement.

4. A person who willfully violates this chapter is guilty of a class C felony.

5. For purposes of this section, "place or cause to be placed" means to:

a. Place a child for adoption;

b. Arrange or provide for short-term foster care for a child pending an adoptive

placement;

c. Facilitate placement of a child by maintaining a list in any form of birth parents or

prospective adoptive parents; or

d. Advertise in any public medium that the person knows of a child who is available

for adoption or is willing to accept a child for adoption or that the person knows of

prospective adoptive parents of a child.
N.D. Cent. Code § 50-24.5-02.3 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-02.3
50-24.5-02.3. Basic care payment rates
Status: in_force

50-24.5-02.3. Basic care payment rates

1. The department shall determine limits for the care of residents of basic care facilities

that qualify as vendors of an aged, blind, and disabled persons program and for

implementing provisions of this chapter based on data demonstrating the most recent

costs that must be incurred for the care of residents in efficiently and economically

operated basic care facilities. The department shall determine the limits every four

years by July first, beginning with July 1, 2023.

2. The department shall establish the limits by using the median rates from the most

recent data available. The direct care limit must be the median plus eighteen percent.

The indirect care limit must be the median plus twelve percent.

3. For the rate year beginning July 1, 2023, the department shall increase rates and limits

three and one-half percent for inflation. For the rate year beginning July 1, 2024, the

department shall increase rates and limits three and one-half percent for inflation.

4. The department shall provide a rate increase in the amount of five dollars per day for

the period beginning July 1, 2023, and ending June 30, 2027, after which the increase

is not effective. This rate increase may not be included in any calculation of inflation

increase.

5. Within the limits of legislative appropriations, the department shall establish an

uncompensated care expense of three hundred sixty-five days.
N.D. Cent. Code § 50-01-17 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-17
50-01-17. Person required to work
Status: in_force

50-01-17. Person required to work

If a person applying for general assistance is able to work, or if any member of that person's

family is able to work, the human service zone in which the person is a resident may insist that

those able to work seek employment and the human service zone director or the director's

designee may refuse to furnish any assistance until it is satisfied that the person claiming

assistance is endeavoring to find work. The human service zone may attempt to secure, for a

person claiming general assistance, who is able to work, employment in the county where the

person resides and may call upon residents of the county to aid the human service zone in

finding work for that person.
N.D. Cent. Code § 50-09-39 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-39
50-09-39. Employment of special assistant attorneys general
Status: in_force

50-09-39. Employment of special assistant attorneys general

The state agency may employ attorneys to carry out its duties in administering the child

support enforcement and medical support enforcement programs. Any attorney who represents

the state agency under this chapter must be a special assistant attorney general appointed by

the attorney general under section 54-12-08. The salary and expenses of each special assistant

attorney general must be paid by the state agency. An appointment under this section is

revocable at the pleasure of the attorney general.
N.D. Cent. Code § 50-24.1-36 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-36
50-24.1-36. Civil sanction - Costs recoverable - Interest - Appeals
Status: in_force

50-24.1-36. Civil sanction - Costs recoverable - Interest - Appeals

1. For purposes of this section:

a. "Affiliate" means a person having an overt or covert relationship each with

another person in a manner that one person directly or indirectly controls or has

the power to control another.

b. "Provider" means any individual or entity furnishing Medicaid services under a

provider agreement with the department.

2. A provider, an affiliate of a provider, or any combination of provider and affiliates, is

liable to the department for up to twenty-five percent of the amount the department

was induced to pay as a result of each act of fraud or abuse. This sanction is in

addition to the applicable rules established by the department.

3. A provider, an affiliate of a provider, or any combination of provider and affiliates, is

liable to the department for up to five thousand dollars on each act of fraud or abuse

which did not induce the department to make an erroneous payment. This sanction is

in addition to the applicable rules established by the department.

4. A provider, an affiliate of a provider, or any combination of provider and affiliates, that

is assessed a civil sanction by the department also shall reimburse the department

investigation fees, costs, and expenses for any investigation and action brought under

this section.

5. Unless otherwise provided in a judgment entered against a provider or against an

affiliate of the provider, overpayments and sanctions accrue interest at the legal rate

beginning thirty days after the department provides written notice to the provider or the

affiliate of the provider.

6. a. A provider or an affiliate of a provider who is assessed a sanction may request a

review of the sanction by filing within thirty days of the date of the department's

notice of sanction a written notice with the department which includes a statement

of each disputed item and the reason or basis for the dispute.

b. A provider or an affiliate of a provider may not request review under this section if

the sanction imposed is termination or suspension and the notice of sanction

states that the basis for the sanction is either:

(1) The provider's or affiliate's failure to meet standards of licensure,

certification, or registration where those standards are imposed by state or

federal law as a condition to participation in the Medicaid program; or

(2) The provider or affiliate has been similarly sanctioned by the Medicare

program or by another state's Medicaid program.

c. Within thirty days after requesting a review, a provider or affiliate shall provide to

the department all documents, written statements, exhibits, and other written

information that supports the request for review.

d. The department shall assign a provider's or affiliate's request for review to

someone other than an individual who was involved in imposing the sanction. A

provider or affiliate who has requested review may contact the department for an

informal conference regarding the review any time before the department has

issued its final decision.

e. The department shall make and issue its final decision within seventy-five days of

receipt of the notice of request for review. The department's final decision must

conform to the requirements of section 28-32-39. A provider or affiliate 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.

f. Upon receipt of notice that the provider or affiliate 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,

affiliate, 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.

7. Determinations of medical necessity may not lead to imposition of remedies, duties,

prohibitions, and sanctions under this section.

8. The remedies, duties, prohibitions, and sanctions of this section are not exclusive and

are in addition to all other causes of action, remedies, penalties, and sanctions

otherwise provided by law or by provider agreement.

9. The state's share of all civil sanctions, investigation fees, costs, expenses, and interest

received by the department under this section must be deposited into the general fund.
N.D. Cent. Code § 50-24.4-15 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-15
50-24.4-15. Property-related costs
Status: reserved

50-24.4-15. Property-related costs

1. The department shall include in the ratesetting system for nursing homes a fair rental

value payment mechanism for the use of real and personal property.

2. The department shall establish a per bed property cost limitation considering single

and double occupancy construction. The double room limit effective July 1, 2015, is

one hundred fifty-six thousand seven hundred eighty-three dollars and the single room

limit is two hundred thirty-five thousand one hundred seventy-six dollars. The per bed

property cost limitation must apply to construction or renovation projects currently in

process or which have approved financing in place on or before December 31, 2021.

The nursing home must have agency approval of the project by December 31, 2022.

The nursing home shall notify the department within thirty days of receiving financial

approval for any construction or renovation projects that financing is in place on or

before December 31, 2022.

3. The maximum allowable movable equipment replacement value per licensed bed must

be fifteen thousand dollars when calculating the fair rental value.

4. The maximum allowable square footage per licensed bed must be nine hundred fifty

square feet [88.26 square meters] when calculating the fair rental value.

5. The maximum allowable rental rate must be eight percent when calculating the fair

rental value rate.

6. Effective with the 2023 rate year, the property rate component of the payment rate,

exclusive of startup and passthrough costs, must be the greater of the rate calculated

using allowable property-related costs or the fair rental value rate. If the fair rental

value rate is greater than the rate calculated using allowable property-related costs,

the increase must be phased in over a four-year period.

7. Effective with the 2023 rate year, if the fair rental value rate is greater than the rate

calculated using allowable property-related costs, the increase must be reserved until

a major renovation or construction is placed in service.

8. Effective with the 2023 rate year and subsequent rate years, if the fair rental value rate

is less than the rate calculated using allowable property-related costs, the department

shall inform the nursing home of the property rate using allowable property-related

costs and the fair rental value. Before the start of each rate year, the nursing home

shall inform the department if the nursing home wants to accept the property rate

using allowable property-related costs as the established rate. The allowable property-

related costs must be calculated using only the allowable depreciation on capital

assets and interest on debt as of June 30, 2022, for all rate years. Once the fair rental

value rate is equal to or greater than the rate calculated using allowable property-

related costs, or the nursing home does not inform the department the nursing home

wants to accept the property rate using allowable property-related costs, the

department no longer need inform the nursing home of the property rate using

allowable property-related costs and the rate must be calculated using the fair rental

value methodology.
N.D. Cent. Code § 50-25.1-05.3 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-05.3
50-25.1-05.3. Disposition of reports implicating a person not responsible for the child's health or welfare
Status: in_force

50-25.1-05.3. Disposition of reports implicating a person not responsible for the

child's health or welfare.

1. Upon determination by the department or authorized agent that a report made under

this chapter implicates a person other than a person responsible for a child's welfare,

the department or authorized agent shall refer the report to an appropriate law

enforcement agency for investigation and disposition.

2. If law enforcement determines a minor committed an act in violation of sections

12.1-20-01 through 12.1-20-04, section 12.1-20-07, sections 12.1-20-11 through

12.1-20-12.2, or chapter 12.1-27.2 against another minor, law enforcement shall

provide the report to the department or authorized agent. Law enforcement shall

conduct a criminal investigation and shall coordinate with the department or authorized

agent for the provision of services to the minors, parents, custodians, or other persons

serving in loco parentis with respect to the minors.

3. The department or authorized agent shall provide risk assessment, safety planning,

and any appropriate evidence-based screening for the minors and any other minors

under the same care. The department or authorized agent shall refer the minors,

parents, custodians, or other persons serving in loco parentis with respect to the

minors, for appropriate services.
N.D. Cent. Code § 50-06-05.1 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-05.1
50-06-05.1. Powers and duties of the department (Effective through June 30, 2027)
Status: in_force

50-06-05.1. Powers and duties of the department. (Effective through June 30, 2027)

The department has the following powers and duties to be administered by the department

through its state office or state-operated behavioral health clinics, human service zones, or

otherwise as directed by the department:

1. To act as the official agency of the state in any social welfare or human service activity

initiated by the federal government not otherwise by law made the responsibility of

another state agency.

2. To administer, allocate, and distribute any state and federal funds that may be made

available for the purpose of providing financial assistance, care, and services to

eligible persons and families who do not have sufficient income or other resources to

provide a reasonable subsistence compatible with decency and health.

3. To provide preventive, rehabilitative, and other human services to help families and

individuals to retain or attain capability for independence or self-care.

4. To do needed research and study in the causes of social problems and to define

appropriate and effective techniques in providing preventive and rehabilitative

services.

5. To provide for the study, and to promote the well-being, of a child in need of protection,

a child in need of services, and delinquent children.

6. To provide for the placing and supervision of children in need of substitute parental

care, subject to the control of any court having jurisdiction and control of any such

child.

7. To recommend appropriate human services related legislation to the legislative

assembly.

8. To direct and supervise human service zone activities and administer a statewide

program for state-funded human services, staffing, and administration costs related to

the administration of human services.

9. To secure, hold, and administer for the purpose for which it is established any property

and any funds donated to it either by will or deed, or otherwise, or through court order

or otherwise available to the department, and to administer those funds or property in

accordance with the instructions in the instrument creating them or in accordance with

the instructions in the court order or otherwise.

10. To formulate standards and make appropriate inspections and investigations in

accordance with such standards in connection with all licensing activities delegated by

law to the department, including early childhood programs, nonmedical adult care

facilities and maternity homes, and persons or organizations receiving and placing

children, and to require those facilities, persons, and organizations to submit reports

and information as the department may determine necessary.

11. To permit the making of any surveys of human service needs and activities if

determined to be necessary.

12. To issue subpoenas, administer oaths, and compel attendance of witnesses and

production of documents or papers whenever necessary in making the investigations

provided for herein or in the discharge of its other duties. A subpoena may not be

issued to compel the production of documents or papers relating to any private

child-caring or child-placing agency or to compel the attendance as a witness of any

officer or employee of those facilities except upon the order of a judge of the district

court of the judicial district in which the facilities are located.

13. To provide insofar as staff resources permit appropriate human services, including

social histories, social or social-psychological evaluations, individual, group, family,

and marital counseling, and related consultation, when referred by self, parent,

guardian, human service zone, court, physician, or other individual or agency, and

when application is made by self (if an adult or emancipated youth), parent, guardian,

or agency having custody; also, on the same basis, to provide human services to

children and adults in relation to their placement in or return from the life skills and

transition center, state hospital, or North Dakota youth correctional center.

14. To provide insofar as staff resources permit social services, including

social-psychological evaluations, predisposition reports, treatment, and aftercare

services when requested by the judge of a juvenile court. A court order under section

27-20.3-09, 27-20.4-08, or 27-20.4-17 or pursuant to rules adopted by the judicial

branch regarding treatment, if available, at the state hospital or life skills and transition

center shall comply with the requirements set forth in chapters 25-03.1, 25-03.3, and

25-04.

15. To provide insofar as staff resources permit social services, including

social-psychological evaluations, predisposition reports, and treatment, when

requested by the judge in a criminal case. A court order under section 12.1-32-02 or

12.1-32-07 or pursuant to rules adopted by the judicial branch regarding treatment, if

available, at the state hospital or life skills and transition center shall comply with

requirements set forth in chapters 25-03.1, 25-03.3, and 25-04.

16. To act as the official agency of the state in the administration of the supplemental

nutrition assistance program and to direct and supervise human service zone

administration of that program. The department with the consent of the legislative

assembly or the budget section if the legislative assembly is not in session may

terminate the program if the rate of federal financial participation in administrative

costs provided under Public Law 93-347 is decreased or limited, or if the state or

counties become financially responsible for all or a portion of the coupon bonus

payments under the Food Stamp Act. Any request considered by the budget section

must comply with section 54-35-02.9. The department may not deny assistance under

the supplemental nutrition assistance program to any individual who has been

convicted of a felony offense that has as an element the possession, use, or

distribution of a controlled substance as defined in section 102(6) of the Controlled

Substances Act [21 U.S.C. 802(6)].

17. To administer, allocate, and distribute any funds made available for the making of

direct cash assistance payments, housing stabilization supports, and rental assistance

and to promote cooperation and working agreements with public agencies and

including the housing finance agency and department of commerce, and private

human service agencies.

18. To act as the official agency of the state in the administration of the home energy

assistance program; to direct and supervise human service zone administration of that

program; and to take such actions, give such directions, and adopt such rules, subject

to review in the courts of this state, as may be necessary or desirable to carry out this

subsection. For purposes of the administration of the energy assistance program,

funds are obligated at the earlier of the time a written commitment is made to pay a

vendor or contractor for services or supplies delivered or to be delivered, or at the time

payment is made to a vendor or contractor for services or supplies delivered or to be

delivered. The provisions of this subsection concerning obligation of funds apply to

payments and commitments made on or after July 1, 1991. The department with the

consent of the legislative assembly or the budget section if the legislative assembly is

not in session may terminate the program if the rate of federal financial participation in

administrative costs is decreased or limited to less than fifty percent of total

administrative costs, or if the state or counties become financially responsible for all or

a portion of the cost of energy assistance program benefits. Any request considered by

the budget section must comply with section 54-35-02.9.

19. To administer, allocate, and distribute any funds made available for the payment of the

cost of the special needs of any child under the age of twenty-one years, who is living

in an adoptive home and would probably go without adoption except for acceptance by

the adopted family, and whose adopted family does not have the economic ability and

resources, as established by the department, to take care of the special needs of the

child, including legal fees, maintenance costs, medical and dental expenses, travel

costs, and other costs incidental to the care of the child.

20. To exercise and carry out any other powers and duties granted the department under

state law.

21. To administer, allocate, and distribute any funds made available for the payment of

supervised independent living services, to develop standards regarding a supervised

independent living program, to approve supervised independent living services for the

purpose of providing foster care placement, and to apply for and administer federal

and other funds that may be made available to undertake any of the activities

described in this subsection.

22. With the approval of the governor, to lease or transfer use of any part of the life skills

and transition center facilities or properties, located in section thirteen, township

one hundred fifty-seven north, range fifty-three west, located in Walsh County, North

Dakota, to the federal government, or any public or private agency, organization, or

business enterprise, or any worthy undertaking, under the following provisions:

a. The department determines that the facility or property is not needed to serve any

present or reasonably foreseeable need of the life skills and transition center.

b. The transaction is exempt from the provisions of section 50-06-06.6.

c. The term of any lease may not exceed ninety-nine years.

d. All required legal documents, papers, and instruments in any transaction must be

reviewed and approved as to form and legality by the attorney general.

e. Any funds realized by any transaction must be deposited in the state's general

fund.

23. To act as a decedent's successor for purposes of collecting amounts due to the

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

department. Any affidavit submitted by the department under section 30.1-23-01 must

conform to the requirements of that section except that the affidavit may state that

twenty days have elapsed since the death of the decedent.

24. To provide those services necessary for the department and for human service zones

to comply with the provisions of any law, rule, order, or regulation of the United States

or any federal agency or authority requiring civil service or merit standards or

classifications as a condition for providing funds administered by the department.

25. For purposes of administration of programs, and subject to legislative appropriation,

funds are obligated at the time a written commitment is made to pay a vendor or

contractor for services or supplies either delivered or to be delivered. This subsection

applies to payments and commitments made on or after January 1, 1997.

26. To determine eligibility for medical assistance and children's health insurance program

benefits when the department receives a joint application for these benefits.

27. To develop a system of services and supports to provide behavioral health services

and supports in the community for children at risk of or identified as having a

behavioral health condition and for the families of these children. This system must

include early intervention, treatment, and recovery services and supports and must

interface with, but not include, child protective services or juvenile court.

28. To provide resources on mental health awareness and suicide prevention to the

behavioral health resource coordinator at each public school and to the designated

individual at a nonpublic school. The resources must include information on identifying

warning signs, risk factors, and the availability of resources in the community.

29. To administer, allocate, and distribute any funds made available for 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].

30. To contract with another human service zone or any other public or private person to

discharge any of the department's duties or exercise any of the department's powers

to administer human services.

31. To act on behalf of the department of public instruction to administer part B,

section 619 of the Individuals with Disabilities Education Act [Pub. L. 108-446; 229

Stat. 2647; 20 U.S.C. 1411 et seq.].

32. In the event of a disruption of operations, to provide meals at a fair value or without a

charge to employees of the department at the North Dakota state hospital, life skills

and transition center, and state-operated behavioral health clinics twenty-four hour

staffed residential units as required by the job assignments of the employees.

33. May pay a stipend, within the limit of legislative appropriation, to a recipient or a

provider of a recipient receiving assistance or services under any program

administered by or under the supervision and direction of the department to allow the

recipient or provider to serve on a council or board.

34. Notwithstanding any other requirements, to appeal an order of a judge of the district

court or juvenile court that orders the department to perform or provide a function,

service, or duty.

35. To require providers that receive funding from the department to submit process and

outcome measures to the department for programs and services supported by state

funding for the department to evaluate the administration of the programs and services

using the appropriation.

Powers and duties of the department. (Effective after June 30, 2027) The department

has the following powers and duties to be administered by the department through its state

office or state-operated behavioral health clinics, human service zones, or otherwise as directed

by the department:

1. To act as the official agency of the state in any social welfare or human service activity

initiated by the federal government not otherwise by law made the responsibility of

another state agency.

2. To administer, allocate, and distribute any state and federal funds that may be made

available for the purpose of providing financial assistance, care, and services to

eligible persons and families who do not have sufficient income or other resources to

provide a reasonable subsistence compatible with decency and health.

3. To provide preventive, rehabilitative, and other human services to help families and

individuals to retain or attain capability for independence or self-care.

4. To do needed research and study in the causes of social problems and to define

appropriate and effective techniques in providing preventive and rehabilitative

services.

5. To provide for the study, and to promote the well-being, of a child in need of protection,

a child in need of services, and delinquent children.

6. To provide for the placing and supervision of children in need of substitute parental

care, subject to the control of any court having jurisdiction and control of any such

child.

7. To recommend appropriate human services related legislation to the legislative

assembly.

8. To direct and supervise human service zone activities and administer a statewide

program for state-funded human services, staffing, and administration costs related to

the administration of human services.

9. To secure, hold, and administer for the purpose for which it is established any property

and any funds donated to it either by will or deed, or otherwise, or through court order

or otherwise available to the department, and to administer those funds or property in

accordance with the instructions in the instrument creating them or in accordance with

the instructions in the court order or otherwise.

10. To formulate standards and make appropriate inspections and investigations in

accordance with such standards in connection with all licensing activities delegated by

law to the department, including early childhood programs, nonmedical adult care

facilities and maternity homes, and persons or organizations receiving and placing

children, and to require those facilities, persons, and organizations to submit reports

and information as the department may determine necessary.

11. To permit the making of any surveys of human service needs and activities if

determined to be necessary.

12. To issue subpoenas, administer oaths, and compel attendance of witnesses and

production of documents or papers whenever necessary in making the investigations

provided for herein or in the discharge of its other duties. A subpoena may not be

issued to compel the production of documents or papers relating to any private

child-caring or child-placing agency or to compel the attendance as a witness of any

officer or employee of those facilities except upon the order of a judge of the district

court of the judicial district in which the facilities are located.

13. To provide insofar as staff resources permit appropriate human services, including

social histories, social or social-psychological evaluations, individual, group, family,

and marital counseling, and related consultation, when referred by self, parent,

guardian, human service zone, court, physician, or other individual or agency, and

when application is made by self (if an adult or emancipated youth), parent, guardian,

or agency having custody; also, on the same basis, to provide human services to

children and adults in relation to their placement in or return from the life skills and

transition center, state hospital, or North Dakota youth correctional center.

14. To provide insofar as staff resources permit social services, including

social-psychological evaluations, predisposition reports, treatment, and aftercare

services when requested by the judge of a juvenile court. A court order under section

12.1-32-02 or 12.1-32-07 or pursuant to rules adopted by the judicial branch regarding

treatment, if available, at the state hospital or life skills and transition center shall

comply with requirements set forth in chapters 25-03.1, 25-03.3, and 25-04.

15. To provide insofar as staff resources permit social services, including

social-psychological evaluations, predisposition reports, and treatment, when

requested by the judge in a criminal case. A court order under section 12.1-32-02 or

12.1-32-07 or pursuant to rules adopted by the judicial branch regarding treatment, if

available, at the state hospital or life skills and transition center shall comply with

requirements set forth in chapters 25-03.1, 25-03.3, and 25-04.

16. To act as the official agency of the state in the administration of the supplemental

nutrition assistance program and to direct and supervise human service zone

administration of that program. The department with the consent of the legislative

assembly or the budget section if the legislative assembly is not in session may

terminate the program if the rate of federal financial participation in administrative

costs provided under Public Law 93-347 is decreased or limited, or if the state or

counties become financially responsible for all or a portion of the coupon bonus

payments under the Food Stamp Act. Any request considered by the budget section

must comply with section 54-35-02.9. The department may not deny assistance under

the supplemental nutrition assistance program to any individual who has been

convicted of a felony offense that has as an element the possession, use, or

distribution of a controlled substance as defined in section 102(6) of the Controlled

Substances Act [21 U.S.C. 802(6)].

17. To administer, allocate, and distribute any funds made available for the making of

direct cash assistance payments, housing stabilization supports, and rental assistance

and to promote cooperation and working agreements with public agencies and

including the housing finance agency and department of commerce, and private

human services agencies.

18. To act as the official agency of the state in the administration of the home energy

assistance program; to direct and supervise human service zone administration of that

program; and to take such actions, give such directions, and adopt such rules, subject

to review in the courts of this state, as may be necessary or desirable to carry out this

subsection. For purposes of the administration of the energy assistance program,

funds are obligated at the earlier of the time a written commitment is made to pay a

vendor or contractor for services or supplies delivered or to be delivered, or at the time

payment is made to a vendor or contractor for services or supplies delivered or to be

delivered. The provisions of this subsection concerning obligation of funds apply to

payments and commitments made on or after July 1, 1991. The department with the

consent of the legislative assembly or the budget section if the legislative assembly is

not in session may terminate the program if the rate of federal financial participation in

administrative costs is decreased or limited to less than fifty percent of total

administrative costs, or if the state or counties become financially responsible for all or

a portion of the cost of energy assistance program benefits. Any request considered by

the budget section must comply with section 54-35-02.9.

19. To administer, allocate, and distribute any funds made available for the payment of the

cost of the special needs of any child under the age of twenty-one years, who is living

in an adoptive home and would probably go without adoption except for acceptance by

the adopted family, and whose adopted family does not have the economic ability and

resources, as established by the department, to take care of the special needs of the

child, including legal fees, maintenance costs, medical and dental expenses, travel

costs, and other costs incidental to the care of the child.

20. To exercise and carry out any other powers and duties granted the department under

state law.

21. To administer, allocate, and distribute any funds made available for the payment of

supervised independent living services, to develop standards regarding a supervised

independent living program, to approve supervised independent living services for the

purpose of providing foster care placement, and to apply for and administer federal

and other funds that may be made available to undertake any of the activities

described in this subsection.

22. With the approval of the governor, to lease or transfer use of any part of the life skills

and transition center facilities or properties, located in section thirteen, township

one hundred fifty-seven north, range fifty-three west, located in Walsh County, North

Dakota, to the federal government, or any public or private agency, organization, or

business enterprise, or any worthy undertaking, under the following provisions:

a. The department determines that the facility or property is not needed to serve any

present or reasonably foreseeable need of the life skills and transition center.

b. The transaction is exempt from the provisions of section 50-06-06.6.

c. The term of any lease may not exceed ninety-nine years.

d. All required legal documents, papers, and instruments in any transaction must be

reviewed and approved as to form and legality by the attorney general.

e. Any funds realized by any transaction must be deposited in the state's general

fund.

23. To act as a decedent's successor for purposes of collecting amounts due to the

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

department. Any affidavit submitted by the department under section 30.1-23-01 must

conform to the requirements of that section except that the affidavit may state that

twenty days have elapsed since the death of the decedent.

24. To provide those services necessary for the department and for human service zones

to comply with the provisions of any law, rule, order, or regulation of the United States

or any federal agency or authority requiring civil service or merit standards or

classifications as a condition for providing funds administered by the department.

25. For purposes of administration of programs, and subject to legislative appropriation,

funds are obligated at the time a written commitment is made to pay a vendor or

contractor for services or supplies either delivered or to be delivered. This subsection

applies to payments and commitments made on or after January 1, 1997.

26. To determine eligibility for medical assistance and children's health insurance program

benefits when the department receives a joint application for these benefits.

27. To develop a system of services and supports to provide behavioral health services

and supports in the community for children at risk of or identified as having a

behavioral health condition and for the families of these children. This system must

include early intervention, treatment, and recovery services and supports and must

interface with, but not include, child protective services or juvenile court.

28. To provide resources on mental health awareness and suicide prevention to the

behavioral health resource coordinator at each school. The resources must include

information on identifying warning signs, risk factors, and the availability of resources

in the community.

29. To administer, allocate, and distribute any funds made available for 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].

30. To contract with another human service zone or any other public or private person to

discharge any of the department's duties or exercise any of the department's powers

to administer human services.

31. To act on behalf of the department of public instruction to administer part B,

section 619 of the Individuals with Disabilities Education Act [Pub. L. 108-446; 229

Stat. 2647; 20 U.S.C. 1411 et seq.].

32. In the event of a disruption of operations, to provide meals at a fair value or without a

charge to employees of the department at the North Dakota state hospital, life skills

and transition center, and state-operated behavioral health clinics twenty-four hour

staffed residential units as required by the job assignments of the employees.

33. May pay a stipend, within the limit of legislative appropriation, to a recipient or a

provider of a recipient receiving assistance or services under any program

administered by or under the supervision and direction of the department to allow the

recipient or provider to serve on a council or board.

34. Notwithstanding any other requirements, to appeal an order of a judge of the district

court or juvenile court that orders the department to perform or provide a function,

service, or duty.

35. To require providers that receive funding from the department to submit process and

outcome measures to the department for programs and services supported by state

funding for the department to evaluate the administration of the programs and services

using the appropriation for the program or service.
N.D. Cent. Code § 50-24.1-17 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-17
50-24.1-17. Medical assistance for breast or cervical cancer
Status: in_force

50-24.1-17. Medical assistance for breast or cervical cancer

The department may provide medical assistance for individuals screened and found to have

breast or cervical cancer in accordance with the federal Breast and Cervical Cancer Prevention

and Treatment Act of 2000 [Pub. L. 106-354; 114 Stat. 1381; 42 U.S.C. 1396a et seq.]. The

department shall establish an income eligibility limit that may not exceed two hundred percent of

the most recently revised poverty line published by the federal office of management and

budget applicable to the household size.
N.D. Cent. Code § 50-25.3-02 — ND Code / Title 50 / Chapter 50-25.3 / Section 50-25.3-02
50-25.3-02. Visitation of a vulnerable adult by family members, friends, or clergy member
Status: in_force

50-25.3-02. Visitation of a vulnerable adult by family members, friends, or clergy

member.

A caregiver may not unreasonably or arbitrarily deny or restrict visitation to a family

member, friend, or clergy member or communication or interaction between a vulnerable adult

and a family member, friend, or clergy member.
N.D. Cent. Code § 50-24.6-05 — ND Code / Title 50 / Chapter 50-24.6 / Section 50-24.6-05
50-24.6-05. Public notice - Applicability
Status: in_force

50-24.6-05. Public notice - Applicability

1. The department shall provide thirty days' notice of all meetings of the board. The

notice requirement is met if the department provides notice of the meeting on the

department's website and provides, by written or electronic means, individual notice to

each person that has requested such notice. If the meeting agenda includes board

consideration of a change to the prior authorization program, the department shall

include in the notice a list of the affected drugs, and upon request the board shall

provide background information. Any interested party may attend a meeting of the

board and provide information or recommendations related to the inclusion of a drug in

a prior authorization program.

2. The department shall post on the department's website:

a. The most current and applicable list of drugs requiring prior authorization,

together with any limits on coverage of these drugs.

b. In downloadable format, forms necessary to complete prior authorization

requests.

c. Decisions regarding changes to the prior authorization program list. The

department shall allow a period of no less than thirty days for public comment

following posting on the website.

d. Meeting notice.

3. The department may not discontinue the provision of prescription drug benefits being

provided to medical assistance recipients before April 14, 2003, based solely on the

subsequent placement of the drug on the prior authorization program.
N.D. Cent. Code § 50-06-07 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-07
50-06-07. Office and office equipment
Status: repealed

50-06-07. Office and office equipment

Repealed by S.L. 1981, ch. 486, § 37.
N.D. Cent. Code § 50-06.1-08 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-08
50-06.1-08. Gifts - Authorization to accept and use
Status: in_force

50-06.1-08. Gifts - Authorization to accept and use

The division executive director, with the approval of the department, may accept and use

gifts made unconditionally by will or otherwise for carrying out the purposes of this chapter. Gifts

made under such conditions as in the judgment of the department are proper and consistent

with the provisions of this chapter may be so accepted and must be held, invested, and

reinvested, and used in accordance with the conditions of the gift.
N.D. Cent. Code § 50-10.2-04 — ND Code / Title 50 / Chapter 50-10.2 / Section 50-10.2-04
50-10.2-04. Enforcement - Injunction
Status: in_force

50-10.2-04. Enforcement - Injunction

Any facility that violates this chapter may be enjoined by a district court. Actions for

injunction under this section may be prosecuted by the attorney general or any state's attorney

in the name of the state. Actions for injunction under this section must be prosecuted in the

county where the case arises.
N.D. Cent. Code § 50-25.1-05.6 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-05.6
50-25.1-05.6. Interviews on school property
Status: in_force

50-25.1-05.6. Interviews on school property

The department, authorized agent, or appropriate law enforcement agency shall notify the

school principal or other appropriate school administrator of its intent to conduct an interview on

school property pursuant to section 50-25.1-05. The school administrator may not disclose the

nature of the notification or any other related information concerning the interview to any person,

including a person responsible for the child's welfare. The school administrator and department,

authorized agent, or law enforcement agency shall make every effort to reduce the disruption of

the educational program of the child, other students, or school staff when an interview is

conducted on school property.
N.D. Cent. Code § 50-11-03.6 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-03.6
50-11-03.6. Substitute caregivers and respite care providers - Requirements
Status: in_force

50-11-03.6. Substitute caregivers and respite care providers - Requirements

1. As used in this section:

a. "Respite care provider" means an individual enrolled as a qualified service

provider who provides respite care to private-pay adult residents in the absence

of the provider.

b. "Substitute caregiver" means an individual who meets qualified service provider

standards and provides respite care to private-pay adult residents in the absence

of the provider.

2. The department may not limit the services of a substitute caregiver or a respite care

provider providing resident care on behalf of a foster home for adults to less than two

hundred twenty calendar days during the twenty-four-month period immediately

following the renewal date of the initial license or for less than one hundred ten

calendar days during the twelve-month period immediately following the date of the

issuance of the initial license.

3. Unless a substitute caregiver or a respite care provider provided resident care on

behalf of a foster home for adults for more than twelve hours during a calendar day,

the department may not count the calendar day toward the limit determined by the

department in accordance with subsection 2.

4. This section applies to private-pay adult foster care providers.
N.D. Cent. Code § 50-31-06 — ND Code / Title 50 / Chapter 50-31 / Section 50-31-06
50-31-06. Information confidential
Status: in_force

50-31-06. Information confidential

Client records and client information that are protected under title 42, Code of Federal

Regulations, part 2, the Health Insurance Portability and Accountability Act of 1996 [Pub. L. 104-

191; 110 Stat. 1936; 29 U.S.C. 1181 et seq.], or are specifically excluded from disclosure by

other state or federal law, and which are received by the department under this chapter are

confidential. As used in this section, client records and client information does not include

statistical program information or information regarding an applicant's or provider's programs.
N.D. Cent. Code § 50-33-05 — ND Code / Title 50 / Chapter 50-33 / Section 50-33-05
50-33-05. State of residence
Status: in_force

50-33-05. State of residence

Only child care assistance units physically residing within the boundaries of the state are

eligible for child care assistance, unless the individual is employed by an early childhood

program within the boundaries of the state and the individual has been approved for the state's

child care assistance child care workforce benefit.
N.D. Cent. Code § 50-11.1-07.3 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-07.3
50-11.1-07.3. Reinspections
Status: in_force

50-11.1-07.3. Reinspections

The department shall reinspect or review an early childhood program or holder of a

self-declaration that was issued a correction order under section 50-11.1-07.2, at the end of the

period allowed for correction. If, upon reinspection or review, the department determines the

program or holder of a self-declaration has not corrected a violation identified in the correction

order, the department shall mail or send by electronic mail to the program or the holder of a

self-declaration, a notice of noncompliance with the correction order. The notice must specify

the violations not corrected and the penalties assessed in accordance with section 50-11.1-07.5.
N.D. Cent. Code § 50-24.5-10 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-10
50-24.5-10. Compensation for top management personnel - Department to adopt emergency rules
Status: in_force

50-24.5-10. Compensation for top management personnel - Department to adopt

emergency rules.

Notwithstanding the requirements of subsection 2 of section 28-32-03, the department has

the authority to create emergency rules related to the compensation for top management

personnel of a basic care facility combined with a hospital.
N.D. Cent. Code § 50-25.3-01 — ND Code / Title 50 / Chapter 50-25.3 / Section 50-25.3-01
50-25.3-01. Definitions
Status: in_force

50-25.3-01. Definitions

As used in this chapter:

1. "Caregiver" means a person that has assumed the legal responsibility or a contractual

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

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

private agency, organization, or institution which provides services to, and has

assumed responsibility for the care of, a vulnerable adult.

2. "Clergy member" means a member of the clergy or spiritual counselor who has

provided a vulnerable adult with religious or spiritual care or who represents a religious

organization to which a vulnerable adult is a member.

3. "Family member" means an individual related by blood, marriage, or adoption to a

vulnerable adult.

4. "Friend" means an individual who is in a dating relationship with a vulnerable adult or

any other individual with whom a vulnerable adult has an established relationship.

5. "Substantial functional impairment" means, because of physical limitations, a

substantial incapability of living independently or providing self-care as determined

through observation, diagnosis, evaluation, or assessment.

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

perception, orientation, or memory which grossly impairs judgment, behavior, or ability

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

evaluation, or assessment.

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

impairment or an adult who is experiencing visitation restrictions while under the care

of a caregiver.
N.D. Cent. Code § 50-31-03.1 — ND Code / Title 50 / Chapter 50-31 / Section 50-31-03.1
50-31-03.1. Fees - Rules
Status: in_force

50-31-03.1. Fees - Rules

An applicant for licensure under this chapter shall submit a one hundred fifty dollar

nonrefundable fee with the application. The department shall adopt rules as necessary to

implement this section. All fees collected under this section must be paid to the department and

must be used to defray the cost of administering and enforcing this chapter.
N.D. Cent. Code § 50-21-03 — ND Code / Title 50 / Chapter 50-21 / Section 50-21-03
50-21-03. Amount of loan - Terms and conditions
Status: in_force

50-21-03. Amount of loan - Terms and conditions

Loans in an amount not exceeding one-half of the cost of construction or reconstruction

including the cost or value of real estate upon which the facility is located and in no event

exceeding one hundred fifty thousand dollars to any one applicant shall be made by the Bank of

North Dakota to nonprofit corporations to be used in the construction or reconstruction in this

state of nursing homes, basic care facilities, or combination nursing homes and basic care

facilities. Such loans must bear interest at the rate of seven percent per annum and must be

repayable in the manner prescribed by the president of the Bank of North Dakota within a period

of not more than twenty-five years. In addition, in consideration of the granting of the loans,

each nonprofit corporation shall execute a contract with the state to operate such basic care

facility for a period of not less than twenty years and to operate and maintain the basic care

facility in accordance with the standards prescribed for the licensing of such basic care facility

by the department of health and human services. Such contract must also require the nonprofit

corporation to maintain facilities for not less than five persons referred to such basic care facility

by any county social service board. Such contract must also provide that if the use of such basic

care facility is discontinued or if it is diverted to other purposes, the full amount of the loan

provided under this chapter immediately becomes due and payable. Loans may be made only

to an applicant who is not receiving other loans or grants of funds from this state for such

construction or reconstruction. Payments of interest and principal upon such loans must be

made to the Bank of North Dakota and credited to the revolving fund.
N.D. Cent. Code § 50-17-07 — ND Code / Title 50 / Chapter 50-17 / Section 50-17-07
50-17-07. Contract with private landowner - Notice to mortgagee and lienholder
Status: in_force

50-17-07. Contract with private landowner - Notice to mortgagee and lienholder

Whenever any contract is entered into by this state or the United States or any agency

thereof, with a private landowner, as is provided for in section 50-17-05, the following must be

deemed constructive notice of such agreement to any mortgagee of or lienholder upon the lands

conveyed thereby:

1. Recording of such contract in the office of the recorder of the county in which the land

involved is situated;

2. Posting of a copy of the contract in the office of the county auditor of the county in

which the land involved is situated; and

3. Mailing a copy of such contract by registered or certified mail to any mortgagee or

lienholder of record at that person's address as shown by the record, or, if not so

shown, to that person's last-known post-office address. Such copy must be mailed by

the recorder of the county where the land is situated within five days after the

recording of the instrument.
N.D. Cent. Code § 50-22-06 — ND Code / Title 50 / Chapter 50-22 / Section 50-22-06
50-22-06. Costs recoverable in court proceeding
Status: in_force

50-22-06. Costs recoverable in court proceeding

The attorney general is entitled to an award of reasonable attorney's fees, costs, and

expenses of an investigation and action brought under this chapter.
N.D. Cent. Code § 50-12-09 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-09
50-12-09. Compensation for child placing
Status: in_force

50-12-09. Compensation for child placing

1. A child-placing agency in making an adoptive placement may be compensated by the

adoptive family for reasonable fees.

2. Child-placing agency compensation only may be received for services provided to the

adoptive family if reflected in a financial agreement. An itemized receipt of reasonable

fees paid by the child-placing agency must be provided to the adoptive family.

3. The fees may not be contingent upon placement of the child for adoption, consent to

adoption, or cooperation in the completion of adoption.

4. Reasonable fees may include:

a. Facilitation fees charged and completed by the child-placing agency including the

cost of preplacement birth parent counseling, adoption home study assessment,

placement costs for children not in public custody, utilizing a foster care

placement prior to finalization, placement supervision, or other preadoption

services offered by the child-placing agency;

b. Legal fees relating to the petition for relinquishment or adoption on behalf of the

birth parent;

c. Medical expenses relating to prenatal care and the birth of the child, which are

not already covered by the birth mother's health insurance or other public

assistance programs;

d. Expenses incurred by the birth parent for transportation, meals, and lodging in

order to receive counseling, legal, or medical services related to the pregnancy,

birth, or placement of the child; and

e. Living expenses of the birth mother which are needed to maintain an adequate

standard of living, not already covered by public assistance programs.

(1) The payments may cover expenses incurred during the pregnancy-related

incapacity and for up to six weeks following the delivery.

(2) Living expenses do not include lost wages, gifts, educational expenses,

vacations, or other similar expenses of a birth mother.
N.D. Cent. Code § 50-24.6-04 — ND Code / Title 50 / Chapter 50-24.6 / Section 50-24.6-04
50-24.6-04. Prior authorization program - Certification program
Status: in_force

50-24.6-04. Prior authorization program - Certification program

1. The department shall develop and implement a prior authorization program that meets

the requirements of 42 U.S.C. 1396r-8(d) to determine coverage of drug products

when a medical assistance recipient's health care provider prescribes a drug that is

identified as requiring prior authorization. Authorization must be granted for provision

of the drug if:

a. The drug not requiring prior authorization has not been effective, or with

reasonable certainty is not expected to be effective, in treating the recipient's

condition;

b. The drug not requiring prior authorization causes or is reasonably expected to

cause adverse or harmful reactions to the health of the recipient; or

c. The drug is prescribed for a medically accepted use supported by a compendium

or by approved product labeling unless there is a therapeutically equivalent drug

that is available without prior authorization. The department shall work with the

medical assistance recipient's health care provider to assure treatment can be

found for diagnoses with no compendia supported medications.

2. For any drug placed on the prior authorization program, the department shall provide

medical and clinical criteria, cost information, and utilization data to the drug use

review board for review and consideration. The board may consider department data

and information from other sources to make a decision about placement of the drug on

prior authorization.

3. a. Except for quantity limits that may be no less than the pharmaceutical

manufacturer's package insert, brand name drugs with a generic equivalent drug

for which the cost to the state postrebate is less than the brand name drugs,

generic drugs with a brand name equivalent drug for which the cost to the state

postrebate is less than the generic drug, or medications that are considered line

extension drugs, the department may not prior authorize substantially all drugs in

the following medication classes:

(1) Antipsychotics;

(2) Antidepressants;

(3) Anticonvulsants;

(4) Antiretrovirals, for the treatment of human immunodeficiency virus;

(5) Antineoplastic agents; and

(6) Immunosuppressants, for prophylaxis of organ transplant rejection.

b. The restrictions of this subsection do not apply if prior authorization is required by

the centers for Medicare and Medicaid services.

c. The restrictions of this subsection do not apply to a medication class in

subdivision a if a manufacturer of a drug in that class excludes the department

from supplemental rebate offers or value-based purchasing agreement offers due

to the existence of the prior authorization exclusion in subdivision a.

d. As used in this subsection, "line extension drug" means a new formulation of a

drug. The term does not include an abuse-deterrent formulation of a drug.

e. As used in this subsection, "substantially all" means all drugs and unique dosage

forms in the medication classes outlined in paragraphs 1 through 6 of

subdivision a are expected to be covered without prior authorization, except:

(1) Multisource brands of the identical molecular structure;

(2) Extended release products when the immediate-release product is included;

(3) Products that have the same active ingredient or moiety; and

(4) Dosage forms that do not provide a unique route of administration.

4. The department may use contractors to collect and analyze the documentation

required under this section and to facilitate the prior authorization program.

5. The department shall consult with the board in the course of adopting rules to

implement the prior authorization program. The rules must:

a. Establish policies and procedures necessary to implement the prior authorization

program.

b. Develop a process that allows prescribers to furnish documentation required to

obtain approval for a drug without interfering with patient care activities.

c. Allow the board to establish panels of physicians and pharmacists which provide

expert guidance and recommendations to the board in considering specific drugs

or therapeutic classes of drugs to be included in the prior authorization program.

6. The department may negotiate additional rebates from drug manufacturers to

supplement the rebates required by federal law governing the medical assistance

program. Additionally, the department may join a multistate supplemental drug rebate

pool, and if the department negotiates additional rebates outside this pool, any other

manufacturer must be allowed to match those rebates.

7. The department shall develop a certification program to verify the medical necessity of

each medication in a regimen containing five or more concurrent prescriptions for

antipsychotic, antidepressant, anticonvulsant, benzodiazepine, mood stabilizer,

sedative hypnotic, or attention deficit hyperactivity disorder medications.

a. The certification program shall require each prescriber of a medication in an

impacted regimen to certify annually the medication prescribed is medically

necessary for the patient.

b. If a prescriber does not certify a medication as a medically necessary part of the

patient's regimen, the department may deny payment of the medication until the

medication is certified by the prescriber.

c. The certification program shall apply to individuals under the age of twenty-two

and may apply to other individuals at the discretion of the department.
N.D. Cent. Code § 50-09-07 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-07
50-09-07. Investigation by human service zone or state agency
Status: in_force

50-09-07. Investigation by human service zone or state agency

If a human service zone or state agency receives an application for assistance, or

assistance has been granted, under this chapter, the human service zone, unless otherwise

directed or determined by the state agency, promptly shall make an investigation and record of

the circumstances of the applicant, or child, or both, in order to ascertain the facts supporting

the application or the granting of assistance and shall obtain such other information as may be

required by the rules and regulations of the state agency.
N.D. Cent. Code § 50-06-32 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-32
50-06-32. Autism spectrum disorder task force - Appointment - Duties - Annual reports
Status: repealed

50-06-32. Autism spectrum disorder task force - Appointment - Duties - Annual

reports.

Repealed by S.L. 2023, ch. 69, § 3.
N.D. Cent. Code § 50-24.1-02 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-02
50-24.1-02. Eligibility
Status: in_force

50-24.1-02. Eligibility

Within the limits of legislative appropriations, medical assistance may be paid for any

person who either has income and resources insufficient to meet the costs of necessary medical

care and services or is eligible for or receiving financial assistance under chapter 50-09 or title

XVI of the Social Security Act, as amended, and:

1. Has not at any time before or after making application for medical assistance made an

assignment or transfer of property for the purpose of rendering that person eligible for

assistance under this chapter. For the purposes of making any determination or

redetermination of eligibility, the phrase "assignment or transfer" includes actions or

failures to act which effect a renunciation or disclaimer of any interest which the

applicant or recipient might otherwise assert or have asserted, or which serve to

reduce the amounts which an applicant or recipient might otherwise claim from a

decedent's estate, a trust or similar device, or a person obligated by law to furnish

support to the applicant or recipient.

2. Has applied or agrees to apply all proceeds received or receivable by that person or

that person's eligible spouse from third-party medical coverage, including health care

coverage, accident insurance, and automobile insurance, to the costs of medical care

for that person and that person's eligible spouse and children. The department may

require from any applicant or recipient of medical assistance the assignment of any

rights accruing under third-party medical coverage. Any rights or amounts so assigned

must be applied against the cost of medical care paid on behalf of the recipient under

this chapter. The assignment is not effective as to any carrier before the receipt of

notice of assignment by such carrier.

3. Is eligible under rules and regulations established by the department.
N.D. Cent. Code § 50-01-15 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-15
50-01-15. Transportation not furnished to nonresident
Status: repealed

50-01-15. Transportation not furnished to nonresident

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-11-08 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-08
50-11-08. Denial or revocation of license or certification - Hearing - Appeals
Status: in_force

50-11-08. Denial or revocation of license or certification - Hearing - Appeals

Before any application for a license or certification under the provisions of this chapter is

denied or before revocation of any such license or certification takes place, written charges as

to the specific reasons therefor, a copy of the statutes and department rules authorizing such

action, and notice of the applicant's, licensee's, or certification holder's right to a hearing on the

matter before the department must be served upon the applicant, licensee, or certification

holder. The applicant, licensee, or certification holder must also be notified in writing of the

person's right to be represented at such hearing by counsel, to examine all files and documents

in the custody of the department regarding the applicant, licensee, or certification holder, to

present witnesses at the hearing on behalf of the applicant, licensee, or certification holder and

to present documentary evidence, to present testimony and cross-examine adverse witnesses,

and the right to an impartial hearing officer. The applicant, licensee, or certification holder has

the right to a hearing before the department if the hearing is requested within twenty days after

service of the written charges. The department shall hold the hearing within sixty days after the

hearing request unless the applicant, licensee, or certification holder agrees to a later date. At

any such hearing, the evidence submitted by the department in support of its denial or

revocation of the applicant's, licensee's license, or certification holder's certificate must be

limited to supporting only those reasons which were given by the department in its original

notice of denial or revocation to the applicant, licensee, or certification holder. An applicant,

licensee, or certification holder may appeal under the provisions of chapter 28-32 any final

decision of the department regarding the application for or issuance of a license or certification

required by this chapter.
N.D. Cent. Code § 50-17-06 — ND Code / Title 50 / Chapter 50-17 / Section 50-17-06
50-17-06. Work done on private land - Duty of landowner
Status: in_force

50-17-06. Work done on private land - Duty of landowner

A landowner, under a contract provided for in section 50-17-05, may be required to protect

soil-saving dams and other works and to practice specified cultural methods for the prevention

of soil erosion. If the landowner fails to meet these requirements, the conservation commission

may cause to be constructed such terraces and other works as will repair the damage done

through the landowner's noncompliance with the contract. The cost of such construction must

be collected, paid, and accounted for as a special state charge against the land specified as the

basis of the original contract and must be paid into the conservation fund and used as a

revolving appropriation to carry out the provisions of this section.
N.D. Cent. Code § 50-24.8-11 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-11
50-24.8-11. Medicaid fraud - Criminal penalty
Status: in_force

50-24.8-11. Medicaid fraud - Criminal penalty

1. A person commits a criminal offense under this section if the person knowingly:

a. Presents for allowance, for payment, or for the purpose of concealing, avoiding,

or decreasing an obligation to pay a false or fraudulent medical assistance claim,

bill, account, voucher, or writing to a public agency, public servant, or contractor

authorized to allow or pay medical assistance claims;

b. Solicits, accepts, offers, or provides any remuneration, including a kickback,

bribe, or rebate in exchange for purchasing, leasing, ordering, arranging for, or

recommending the purchasing, leasing, or ordering of any services or items from

a provider for which payment may be made under the Medicaid program;

c. Solicits, accepts, offers, or provides any remuneration, including a kickback,

bribe, or rebate in exchange for a fee for referring a recipient to another provider

or arranging for the furnishing of services or items for which payment may be

made under the Medicaid program;

d. Fails or refuses to provide covered medically necessary services to eligible

recipients as required with respect to a managed care contract, health

maintenance organization contract, or similar contract or subcontract under the

Medicaid program; or

e. Conspires with another person to commit a violation of this section.

2. Conduct or activity that does not violate or which is protected under the provisions of,

or federal regulations adopted under 42 U.S.C. 1395nn and 42 U.S.C. 1320a-7b(b), is

not considered an offense under subdivision b of subsection 1, and the conduct or

activity must be accorded the same protections allowed under federal laws and

regulations.

3. A person convicted of this offense involving payments, benefits, kickbacks, bribes,

rebates, remuneration, services, or claims not exceeding one thousand dollars in value

is guilty of a class A misdemeanor.

4. Notwithstanding subsection 3, if the value of the payments, benefits, kickbacks, bribes,

rebates, remuneration, services, or claims of the Medicaid fraud were part of a

common scheme and exceed one thousand dollars in value, a violation of this chapter

is a class C felony.

5. Notwithstanding subsection 3, if the value of the payments, benefits, kickbacks, bribes,

rebates, remuneration, services, or claims of the Medicaid fraud were part of a

common scheme and exceed ten thousand dollars in value but do not exceed fifty

thousand dollars, a violation of this chapter is a class B felony.

6. Notwithstanding subsection 3, if the value of the payments, benefits, kickbacks, bribes,

rebates, remuneration, services, or claims of the Medicaid fraud were part of a

common scheme and exceed fifty thousand dollars in value, a violation of this chapter

is a class A felony.

a. For purposes of imposing sentence for a conviction under this chapter, the value

of payments, benefits, kickbacks, bribes, rebates, remuneration, services, or

claims involved is the greater of the value of Medicaid payments or benefits

received as a result of the illegal conduct or activity or the value of the payments,

benefits, kickbacks, bribes, rebates, remuneration, services, or claim involved.

b. Amounts involved in Medicaid fraud committed pursuant to a common scheme or

the same transaction may be aggregated in determining the value involved.

c. A person convicted of the offense of Medicaid fraud must be suspended from

participation in the Medicaid program:

(1) For any period of time not less than one year for a first offense or the person

may be permanently terminated from participation in the medical assistance

program;

(2) For any period of time not less than three years for a second offense, or the

person may be permanently terminated from participation in the medical

assistance program; or

(3) Permanently for a third offense.

7. In addition to any other penalty provided by law, a person convicted of Medicaid fraud

is not entitled to bill or collect from the recipient, the Medicaid program, or any other

third-party payer for the services or items involved and shall repay to the Medicaid

program any payments or benefits obtained by any person for the services or items

involved.
N.D. Cent. Code § 50-22-03 — ND Code / Title 50 / Chapter 50-22 / Section 50-22-03
50-22-03. Application for license - Contents
Status: repealed

50-22-03. Application for license - Contents

Repealed by S.L. 1999, ch. 425, § 7.
N.D. Cent. Code § 50-06.4-09 — ND Code / Title 50 / Chapter 50-06.4 / Section 50-06.4-09
50-06.4-09. Vocational rehabilitation and consultation
Status: in_force

50-06.4-09. Vocational rehabilitation and consultation

The department shall provide or contract for the provision of increased and specialized

vocational rehabilitation and consultation to individuals with brain injury who receive case

management for personal care services. Services under this section include extended support

for individuals at risk of losing their employment upon exhausting their vocational services.
N.D. Cent. Code § 50-12-04 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-04
50-12-04. Contents of license
Status: in_force

50-12-04. Contents of license

The license to conduct a child-placing agency issued under the provisions of this chapter

must set forth:

1. The name and address of the licensee.

2. The number of children who may be placed by the licensee during the term for which

the license is issued.

3. Whether the licensee is authorized to find foster or adoptive homes for children, or

both.
N.D. Cent. Code § 50-06.2-06 — ND Code / Title 50 / Chapter 50-06.2 / Section 50-06.2-06
50-06.2-06. Freedom of choice
Status: in_force

50-06.2-06. Freedom of choice

Each person eligible for services under this chapter, or the person's representative, must be

free to choose among available qualified service providers that offer competitively priced

services. The human service zone shall inform each eligible applicant for services, provided

under this chapter, of the identity of qualified service providers available to provide the service

required by the applicant. The human service zone shall make and document reasonable efforts

to inform potential service providers of the anticipated need for services in the human service

zone.
N.D. Cent. Code § 50-09-08.6 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-08.6
50-09-08.6. Suspension of occupational, professional, recreational, motor vehicle operator, and vehicle licenses and registrations for nonpayment of child support or failure to obey subpoena
Status: in_force

50-09-08.6. Suspension of occupational, professional, recreational, motor vehicle

operator, and vehicle licenses and registrations for nonpayment of child support or

failure to obey subpoena.

1. As used in this section:

a. "License" means:

(1) Any certificate, permit, or license issued by an agency of the state or a

political subdivision of the state which the obligor is required to obtain prior

to engaging in the obligor's occupation or profession;

(2) Any certificate, permit, or license issued by an agency of the state which the

obligor is required to obtain prior to engaging in a recreational activity; and

(3) Any operator's license or vehicle license or registration which the obligor is

required to obtain prior to operating or owning a vehicle in this state. As

used in this section, "vehicle" includes any motor vehicle as defined in

section 39-01-01, aircraft, snowmobile, motorboat, or personal watercraft.

b. "Licensee" means a person who has applied for or currently possesses a license.

c. "Licensing authority" means an agency of the state or a political subdivision of the

state that issues a license, including occupational or professional boards, the

game and fish department, and the department of transportation.

d. "Restrict", as it relates to the operator's license of an obligor or a person who fails

to comply with a subpoena, includes the authority of the state agency to authorize

the issuance, upon request for good cause, of a restricted operator's license that

is solely for the use of a motor vehicle during the licensee's normal working

hours.

2. The state agency, directly or through agents and child support agencies, may withhold,

restrict, or suspend one or more licenses issued to:

a. A person who has failed, after receiving proper notice, to comply with a subpoena

relating to a paternity or child support matter;

b. An obligor who is listed on the arrears registry; or

c. An obligor who is not in compliance with an existing payment plan that has been

negotiated between the obligor and the state agency under this section or in

exchange for the state agency refraining from taking an enforcement action

against the obligor.

3. Before withholding, restricting, or suspending a license under subdivision a or b of

subsection 2, the state agency shall send a notice to the licensee by first-class mail to

the licensee's last-known address stating that the licensee has thirty days after the

date of the notice to comply with the subpoena, satisfy the arrearage in full, or

negotiate a payment plan with the state agency under this section. The notice must

further state that the licensee may contest the action of the state agency by making a

written request for a court hearing under subsection 5 within ten days of the date of the

notice.

4. Upon notice to the licensee, the state agency may withhold, restrict, or suspend a

license under subdivision c of subsection 2 at any time if the licensee fails to comply

with a payment plan negotiated under this section. A copy of the state agency's order

to withhold, restrict, or suspend a license must be sent to the licensee by first-class

mail to the licensee's last-known address. The order must state that the licensee may

contest the action of the state agency by making a written request for a court hearing

under subsection 5 within ten days of the date of the order.

5. A request for a hearing under this section must be made to the court that issued or

considered the child support order. If a child support order was issued by a court or

administrative tribunal in another jurisdiction, the request may be made to any court of

this state which has jurisdiction to enforce that order or, if no court of this state has

jurisdiction to enforce that order, in any court of this state with jurisdiction over the

licensee.

6. In a contest under this section, the court shall affirm the action of the state agency to

withhold, restrict, or suspend a license unless the court finds that the state agency's

decision was arbitrary, unreasonable, or capricious.

7. The state agency shall notify the appropriate licensing authority that the state agency

has withheld, restricted, or suspended a license under this section. A license that is

withheld, restricted, or suspended by the state agency under this section may be

reinstated only by the state agency after the licensee complies with the subpoena,

satisfies the arrearage in full, or enters into a payment plan with the state agency

under this section.

8. An obligor and the state agency may enter into a payment plan under which the

obligor agrees to satisfy the obligor's total child support obligation, including arrears,

within a period not to exceed ten years. A payment plan under this section must

require the obligor to make an immediate payment to the state disbursement unit in an

amount equal to five percent of the total arrears owed by the obligor or five hundred

dollars, whichever is greater. The state agency may waive or reduce the immediate

payment that is due under a payment plan if the obligor's current or most recent

monthly support obligation is less than five hundred dollars. The state agency may

require that a payment plan under this section include satisfaction of all court-ordered

child support obligations of the obligor. The obligor's current or most recent monthly

support obligation under section 14-09-09.30 must be considered when determining

the duration of a payment plan under this section and the payments due under the

agreement. A payment plan under this section is not a modification of any child support

obligation of the obligor and does not bar judicial review of a child support order under

section 14-09-08.4 or other enforcement actions by the obligee or the state agency.

9. An action of the state agency to withhold, restrict, or suspend a license under this

section may not be appealed to the state agency or to the licensing authority, including

an appeal under chapter 28-32. Section 50-09-14 does not apply to actions taken by

the state agency under this section.

10. Except for statistical purposes, an entry on the driving record or abstract of a

restriction or suspension under this section after the restriction or suspension ceases

may not be available to the public other than by order of a court of competent

jurisdiction.

11. A licensing authority and any person acting on its behalf is not liable for any actions

taken to withhold, restrict, or suspend a license under this section. This section does

not limit the ability of a licensing authority to withhold, restrict, or suspend a license on

any other grounds authorized by law.
N.D. Cent. Code § 50-24.7-03 — ND Code / Title 50 / Chapter 50-24.7 / Section 50-24.7-03
50-24.7-03. Powers and duties of human service zone
Status: in_force

50-24.7-03. Powers and duties of human service zone

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

shall:

1. Administer expanded service payments for elderly and disabled 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. The human service zone may contract

with a qualified service provider in the provision of those services.

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.
N.D. Cent. Code § 50-06-01.9 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-01.9
50-06-01.9. Criminal history record checks
Status: in_force

50-06-01.9. Criminal history record checks

In accordance with section 12-60-24, the department may require criminal history record

checks as the department determines appropriate for:

1. Job applicants of the department and employees of the department as part of

contingent offer of employment;

2. Job applicants of the human service zone, current employees of the human service

zone and department, and the department's and human service zones' contractors

and contractors' subcontractors job applicants and current employees that may have

access to federal tax information received from the United States internal revenue

service through a computer match and stored in the department's eligibility system;

3. A criminal history record check conducted under subsections 1 and 2 is valid for five

years, after which the department shall require another criminal history record check

on employees of the department, human service zones, and the department's and

human service zones' contractors and contractors' subcontractors that may have

access to federal tax information received from the United States internal revenue

service through a computer match and stored in the department's eligibility system;

4. The department's and human service zones' contractors and contractors'

subcontractors job applicants and current employees of contractors and contractors'

subcontractors that may have access to social security administration information

received from the United States social security administration stored in the

department's eligibility system;

5. Providers licensed by the department under chapter 50-12, as well as for any

employees, volunteers, or students for field placement of those providers who have

direct contact with families, with children, or both;

6. Providers holding, applicants for, and emergency designees and staff members of

providers holding and applicants for early childhood services licensure,

self-declaration, or in-home provider registration under chapter 50-11.1. The

department also may require criminal history record checks for household members of

a residence out of which early childhood services within the provider's home are

provided;

7. Medicaid services applicant providers, Medicaid services providers, or an individual

with a five percent or more direct or indirect ownership interest in the applicant

provider or provider under chapter 50-24.1;

8. An operator of a facility licensed by the department under chapter 25-03.2, as well as

any individual employed by the facility, contracted service provider of the facility, and

nonemployee of the facility, having contact with any child cared for by the facility; and

9. Providers, applicants for, and employees of a shelter care program certified by the

department under chapter 50-06.
N.D. Cent. Code § 50-11.1-03.1 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-03.1
50-11.1-03.1. Family child care home operator - Cardiopulmonary resuscitation certification
Status: repealed

50-11.1-03.1. Family child care home operator - Cardiopulmonary resuscitation

certification.

Repealed by S.L. 2009, ch. 422, § 27.
N.D. Cent. Code § 50-09-08.5 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-08.5
50-09-08.5. Securing assets to satisfy child support
Status: in_force

50-09-08.5. Securing assets to satisfy child support

In acting as the official agency of the state in administering the child support program under

title IV-D, in cases in which there is past-due child support, the state agency may secure assets

to satisfy any current support obligation and the past-due amount by issuing writs of execution

under chapter 28-21 or domestic relations orders that comply with federal law regarding

pensions. Those writs of execution or domestic relations orders may be used to secure or seize

property including:

1. Periodic or lump sum payments from:

a. An agency administering unemployment compensation benefits, workforce safety

and insurance benefits, or other benefits; and

b. Judgments, settlements, and gaming proceeds otherwise belonging to the

obligor, or payable upon the obligor's demand;

2. Assets of the obligor held in financial institutions; and

3. Public and private retirement funds.
N.D. Cent. Code § 50-09-37 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-37
50-09-37. Health insurance data match
Status: in_force

50-09-37. Health insurance data match

An insurer as defined in section 26.1-36.5-01 shall exchange health insurance information

with the state agency for the purpose of establishing or enforcing a medical support obligation.

An insurer shall provide the health insurance information required in this section to the state

agency or its agent not more frequently than twelve times in a year. The insurer shall provide

the information required in this section at no cost if the information is in a readily available

structure or format. If the state agency requests the information in a structure or format that is

not readily available, the insurer may charge a reasonable fee for providing the information, not

to exceed the actual cost of providing the information. The state agency and its agents may not

use or disclose any information provided by the insurer under this section except to establish or

enforce a child support or medical support obligation, or as otherwise permitted or required by

law. An insurer may not be held liable for the release of health insurance information to the state

agency or its agents under this section.
N.D. Cent. Code § 50-11-04.1 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-04.1
50-11-04.1. Notice
Status: in_force

50-11-04.1. Notice

After each inspection or reinspection, the department shall mail or deliver any correction

order or notice of noncompliance to the facility.
N.D. Cent. Code § 50-10.2-02.1 — ND Code / Title 50 / Chapter 50-10.2 / Section 50-10.2-02.1
50-10.2-02.1. Authorized virtual monitoring, virtual visitation, and electronic recording - Penalty
Status: in_force

50-10.2-02.1. Authorized virtual monitoring, virtual visitation, and electronic recording

- Penalty.

1. A resident and the resident representative may treat the resident's living quarters as

the resident's home and, subject to rules to protect the privacy and safety of another

resident, may purchase and use a technology device of the resident's choice, including

a technology device that may facilitate virtual monitoring or virtual visitation with family

and other persons, provided operation and use of the technology device does not

violate an individual's right to privacy under state or federal law. Subsections 3

through 12 apply if a technology device or a virtual monitoring device is used to record.

2. A resident may use a device of the resident's choice that facilitates virtual monitoring,

provided:

a. The purchase, activation, installation, maintenance, repair, deactivation, and

removal of such device is at the expense of the resident; and

b. The device and images obtained from the device are used by the resident and

any person communicating with the resident in a manner that does not violate an

individual's right to privacy under state or federal law.

3. A facility shall permit a resident or the resident representative to conduct authorized

electronic recording of the resident's room through an authorized electronic recording

device if:

a. The authorized electronic recording device is placed in the resident's room;

b. The electronic recording device is placed in a fixed, stationary position; records

only the area occupied by the resident and not the area occupied by the

resident's roommate; and protects the privacy and dignity of the resident;

c. The facility is given written notice of the placement and use which must include

an installation plan in compliance with the facility's standards and regulations the

facility shall provide to the resident;

d. A video tape or recording created using an authorized electronic recording device

records the date and time;

e. All costs, except for electricity, associated with the authorized electronic recording

device, including installation, operation, removal, repairs, room damage, and

maintenance, are paid by the resident or resident representative who initiated the

use of the authorized electronic recording device; and

f. A signed authorization for the disclosure of protected health information, as

defined by title 45, Code of Federal Regulations, part 160, section 103, compliant

with the federal Health Insurance Portability and Accountability Act of 1996

[Pub. L. 104-191; 110 Stat. 1936; 29 U.S.C. 1181 et seq.] and consenting to the

use of the device is given by each resident occupying the same room, or by that

resident's resident representative in accordance with subsection 5.

4. The facility shall cooperate to accommodate the placement of the authorized electronic

recording device, unless doing so would place undue burden on the facility.

5. Before placing and using the authorized electronic recording device or virtual

monitoring device, a resident or resident representative shall obtain the signed

authorization of any other resident residing in the room in accordance with

subsection 3. The authorization may be signed by the resident's resident

representative.

a. The resident's or the resident representative's authorization may limit the use of

an authorized electronic recording device to only audio recording or only video

recording and may limit the device's time of operation, direction, and focus.

b. At any time, a resident or resident representative who did not request the

authorized electronic recording device in the resident's room may withdraw, in

writing, the signed authorization for the use of the device. The resident who

requested the device or the resident's resident representative is responsible for

having the device disabled in compliance with the facility's standards and

regulations after receipt of the written withdrawal.

6. The facility shall make a reasonable attempt to accommodate a resident if a resident

or resident representative of a resident who is residing in a shared room wants to have

an authorized electronic recording device placed in the room and another resident

living in the same shared room refuses to authorize the use of the authorized

electronic monitoring device.

7. If authorized electronic recording is being conducted in the room of a resident, and

another resident will be moved into the room, the resident who requested the device or

the resident's resident representative is responsible for having the existing authorized

electronic recording device disabled in compliance with the facility's standards and

regulations unless the new resident or the resident's resident representative authorizes

the device pursuant to subsections 3 and 5.

8. A facility may not refuse to admit an individual and may not remove a resident from a

facility because of authorized electronic recording of a resident's room. A person may

not intentionally retaliate or discriminate against a resident for authorization of

authorized electronic recording.

9. A facility clearly and conspicuously shall post a sign where authorized electronic

recording is being conducted to alert and inform visitors.

10. A facility or staff of the facility may not access any video or audio recording created

through an authorized electronic recording device placed in a resident's room without

the written consent of the resident or resident representative or court order.

11. An individual that intentionally hampers, obstructs, tampers with, or destroys a

recording or an authorized electronic recording device or virtual monitoring device

placed in a resident's room, without the express written consent of the resident or

resident representative, is subject to a class B misdemeanor. An individual that places

an electronic recording device in the room of a resident or which uses or discloses a

tape or other recording made by the device may be guilty of a crime or civilly liable for

any unlawful violation of the privacy rights of another. In any civil proceeding,

administrative proceeding, or survey process, material obtained through the use of an

authorized electronic recording device may not be used if an individual intentionally

hampered, obstructed, or tampered with the material without the express written

consent of the resident or resident representative, or if the material was obtained

through the operation of an electronic recording device which was not compliant with

this section.

12. A person may not intercept a communication or disclose or use an intercepted

communication of an authorized electronic recording device or a virtual monitoring

device placed in a resident's room, without the express written consent of the resident

or the resident representative.
N.D. Cent. Code § 50-25.1-22 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-22
50-25.1-22. Family services assessment - Compliance
Status: in_force

50-25.1-22. Family services assessment - Compliance

If a family services assessment is initiated as a result of a report of child abuse or neglect, a

decision that a child is confirmed abused or neglected may not be made if a person responsible

for the child's welfare complies with the resulting referred services for the child. The department

or authorized agent shall determine whether a person responsible for the child's welfare has

complied with the referred services. If the department or authorized agent determines a person

responsible for the child's welfare has not complied with the referred services for the child, a

child protection assessment of the initial report of child abuse or neglect may be completed.
N.D. Cent. Code § 50-24.4-03 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-03
50-24.4-03. Federal requirements - Supremacy
Status: in_force

50-24.4-03. Federal requirements - Supremacy

If any provision of this chapter is determined by the United States government to be in

conflict with existing or future requirements of the United States government with respect to

federal participation in medical assistance, the federal requirements prevail.
N.D. Cent. Code § 50-06-24 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-24
50-06-24. Guardianship services
Status: in_force

50-06-24. Guardianship services

The department may create and coordinate a unified system for the provision of

guardianship services to vulnerable adults who are ineligible for developmental disabilities

program management services. The system must include a base unit funding level at the same

level as developmental disability corporate guardianship rates, provider standards, staff

competency requirements, and guidelines and training for guardians. The department shall

adopt rules for guardianship services to vulnerable adults which are consistent with chapters

30.1-26, 30.1-28, and 30.1-29.
N.D. Cent. Code § 50-24.1-32 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-32
50-24.1-32. Medical assistance - Services provided by physician assistants and advanced practice registered nurses - Primary care provider case management program
Status: in_force

50-24.1-32. Medical assistance - Services provided by physician assistants and

advanced practice registered nurses - Primary care provider case management program.

1. The medical assistance program must recognize physician assistants and advanced

practice registered nurses with the roles of nurse practitioner or certified nurse midwife

as primary care providers with the same rights and responsibilities given primary care

physicians under the medical assistance program. Any care provided by the physician

assistant or advanced practice registered nurse with the roles of nurse practitioner or

certified nurse midwife as a primary care provider under the medical assistance

program must be within the scope of the physician assistant's or advanced practice

registered nurse's respective license.

2. The department shall eliminate the primary care provider case management program.
N.D. Cent. Code § 50-01.1-05 — ND Code / Title 50 / Chapter 50-01.1 / Section 50-01.1-05
50-01.1-05. Duties of human service zone
Status: in_force

50-01.1-05. Duties of human service zone

The human service zone shall, under the direction and supervision of the department,

unless otherwise directed or determined by the department:

1. Supervise and direct all human services activities conducted by the human service

zone, including general assistance or other public assistance.

2. Supervise and administer human services in the human service zone which are

financed in whole or in part with funds allocated or distributed by the department.

3. Aid and assist in every reasonable way to efficiently coordinate and conduct human

services activities within the human service zone by private as well as public

organizations.

4. Subject to subsection 16 of section 50-06-05.1, administer the supplemental nutrition

assistance program in the human service zone in conformity with the Food Stamp Act

of 1964, and enter an agreement for administering the supplemental nutrition

assistance program with the department.

5. Subject to subsection 18 of section 50-06-05.1, administer the home energy

assistance program in the human service zone and enter an agreement for

administering the home energy assistance program with the department.

6. Charge and collect fees and expenses for services provided by the human service

zone's staff in accordance with policies and fee schedules adopted by the department.

7. Supervise and administer designated child welfare services.

8. Supervise and administer human services.

9. Supervise and administer replacement programs with substantially similar goals,

benefits, or objectives.

10. If applicable, supervise and administer experimental, pilot, statewide, regional, or

transitional programs under the director of the department and with the goals of

enhancing quality, effectiveness, and efficiency of programs and services.

11. Cooperate with the department or other human service zones in revising human

service zone operations to reflect department guidelines or best practices that may be

based on recommendations from experimental or pilot programs.

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

ongoing human services with respect to any applicant or eligible beneficiary who is

physically present in a human service zone other than the human service zone of

which the applicant or eligible beneficiary is a resident.

13. Employ a human service zone director who shall serve as the presiding officer of the

human service zone board.

14. Collaborate with the department and other human service zones to ensure the

provision of quality, effective, and efficient human services to the citizens of North

Dakota.
N.D. Cent. Code § 50-06-23 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-23
50-06-23. Placement of children - Least restrictive care
Status: repealed

50-06-23. Placement of children - Least restrictive care

Repealed by S.L. 2017, ch. 353, § 10.
N.D. Cent. Code § 50-17-03 — ND Code / Title 50 / Chapter 50-17 / Section 50-17-03
50-17-03. State derives profit - Proceeds divided with federal government
Status: in_force

50-17-03. State derives profit - Proceeds divided with federal government

If, as a result of any conservation work projects on state, county, or municipally owned land,

the state derives a direct profit from the sale of any such land or the products thereof, the

proceeds must be divided equally between this state and the federal government until the

federal government has been repaid the amount of its investment in such work, computed at the

rate of one dollar per man per day, with a maximum limitation of three dollars per acre [.40

hectare] of land purchased.
N.D. Cent. Code § 50-31-04 — ND Code / Title 50 / Chapter 50-31 / Section 50-31-04
50-31-04. Inspection and evaluation of licensed premises
Status: in_force

50-31-04. Inspection and evaluation of licensed premises

Every licensed substance use disorder treatment program shall obtain and provide to the

department a local or state authority certification as to the safety of the premises. The

department shall evaluate every licensed substance use disorder treatment program according

to the rules adopted by the department.
N.D. Cent. Code § 50-11-04.7 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-04.7
50-11-04.7. Disposition of fiscal sanctions
Status: in_force

50-11-04.7. Disposition of fiscal sanctions

Any fiscal sanction collected for any violation of this chapter or of rules adopted pursuant to

this chapter must be paid into the state treasury for the general fund after the costs of

recovering the fiscal sanction are deducted therefrom.
N.D. Cent. Code § 50-25.1-13 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-13
50-25.1-13. Penalty for failure to report - Penalty and civil liability for false reports
Status: in_force

50-25.1-13. Penalty for failure to report - Penalty and civil liability for false reports

Any individual required by this chapter to report or to supply information concerning a case

of known or suspected child abuse, neglect, or death resulting from abuse or neglect who

willfully, as defined in section 12.1-02-02, fails to do so is guilty of a class B misdemeanor. Any

individual who willfully, as defined in section 12.1-02-02, makes a false report, or provides false

information that causes a report to be made, under this chapter is guilty of a class B

misdemeanor unless the false report is made to a law enforcement official, in which case the

individual who causes the false report to be made is guilty of a class A misdemeanor. An

individual who willfully makes a false report, or willfully provides false information that causes a

report to be made, under this chapter is also liable in a civil action for all damages suffered by

the person reported, including exemplary damages.
N.D. Cent. Code § 50-01.2-03.1 — ND Code / Title 50 / Chapter 50-01.2 / Section 50-01.2-03.1
50-01.2-03.1. Board may contract
Status: repealed

50-01.2-03.1. Board may contract

Repealed by S.L. 2019, ch 391, § 139.
N.D. Cent. Code § 50-24.6-07 — ND Code / Title 50 / Chapter 50-24.6 / Section 50-24.6-07
50-24.6-07. Appeals
Status: in_force

50-24.6-07. Appeals

A medical assistance recipient who is aggrieved by the placement of a drug on prior

authorization may appeal as authorized under chapter 28-32.
N.D. Cent. Code § 50-33-06 — ND Code / Title 50 / Chapter 50-33 / Section 50-33-06
50-33-06. Approved relative provider
Status: in_force

50-33-06. Approved relative provider

1. The department may approve a relative provider to provide care for specific children

within a specified county. The department shall provide an approved relative provider

with a provider identification number. An approved relative provider may provide care

for no more than five children through the age of twelve or three children under the

age of two, including the provider's children under the age of twelve.

2. Before approving an individual as an approved relative provider, the department shall

seek a criminal history record investigation as provided under section 50-11.1-06.2 and

pursuant to section 12-60-24. The department shall consider any criminal history

record information available at the time approval decision is made. A background

check must be completed for each adult living in the household of the prospective

provider.

3. No payment may be made to a relative provider who is not an approved relative

provider.
N.D. Cent. Code § 50-24.8-01 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-01
50-24.8-01. Definitions
Status: in_force

50-24.8-01. Definitions

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

1. "Benefit" means the provision of anything of pecuniary value under the Medicaid

program.

2. "Claim" means:

a. Any request or demand, whether under a contract or otherwise, for money or

property under the Medicaid program regardless of whether the state has title to

the money or property which is:

(1) Presented to an officer, employee, or agent of the state; or

(2) Made to a contractor, grantee, or other recipient, if the money or property is

to be spent or used on the state's behalf or to advance a state program or

interest, and if the state:

(a) Provides or has provided any portion of the money or property

requested or demanded; or

(b) Will reimburse such contractor, grantee, or other recipient for any

portion of the money or property that is requested or demanded.

b. A claim does not include requests or demands for money or property the state

has paid to an individual as compensation for state employment or as an income

subsidy with no restrictions on that individual's use of the money or property.

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

4. "Document" means an application, claim, form, report, record, writing, or

correspondence, whether in written, electronic, magnetic, or other form.

5. "Fraud" means any conduct or activity prohibited by law or rule involving knowing

conduct or omission to perform a duty that results in or may result in payments to

which the person is not entitled.

6. "Knowingly" means "knowingly" as defined in section 12.1-02-02.

7. "Material" means having a natural tendency to influence, or be capable of influencing,

the payment or receipt of money or property.

8. "Medicaid agency" means an agency or entity of state, county, or local government

which administers any part of the Medicaid program, whether under direct statutory

authority or under contract with an authorized agency of the state or federal

government.

9. "Misappropriation of patient property" means exploitation, deliberate misplacement, or

wrongful use or taking of a patient's property, whether temporary or permanent,

without authorization by the patient or the patient's designated representative. The

term includes conduct with respect to a patient's property, which would constitute a

criminal offense under chapter 12.1-23.

10. "Obligation" means an established duty, whether fixed, arising from an express or

implied contractual, grantor-grantee, or licensor-licensee relationship, from a

fee-based or similar relationship, from statute or regulation, or from the retention of

any overpayment.

11. "Patient abuse" means the willful infliction of physical or mental injury of a patient or

unreasonable confinement, intimidation, or punishment that results in pain, physical or

mental harm, or mental anguish of a patient. The term includes conduct with respect to

a patient which would constitute a criminal offense under chapter 12.1-16, 12.1-17,

12.1-18, 12.1-20, or 12.1-22.

12. "Patient neglect" means a failure, through inattentiveness, carelessness, or other

omission, to provide to a patient goods and services necessary to avoid physical harm,

mental anguish, or mental illness if an omission is not caused by factors beyond the

person's control or by good-faith errors in judgment. The term includes conduct with

respect to a patient which would constitute a criminal offense under section

12.1-17-03.

13. "Provider" means a person that furnishes items or services for which payment is

claimed under the Medicaid program.

14. "Record" means medical, professional, business, or financial information and

documents, whether in written, electronic, magnetic, microfilm, or other form:

a. Pertaining to the provision of treatment, care, services, or items to a recipient;

b. Pertaining to the income and expenses of the provider; or

c. Otherwise relating to or pertaining to a determination of entitlement to payment or

reimbursement under the Medicaid program.
N.D. Cent. Code § 50-30-08 — ND Code / Title 50 / Chapter 50-30 / Section 50-30-08
50-30-08. Annual reports by the department
Status: in_force

50-30-08. Annual reports by the department

Expired under S.L. 1999, ch. 429, § 9.
N.D. Cent. Code § 50-24.1-02.9 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-02.9
50-24.1-02.9. Effect of purchase of long-term care insurance on eligibility for medical assistance benefits
Status: repealed

50-24.1-02.9. Effect of purchase of long-term care insurance on eligibility for medical

assistance benefits.

Repealed by S.L. 2007, ch. 421, § 3.
N.D. Cent. Code § 50-01.2-00.1 — ND Code / Title 50 / Chapter 50-01.2 / Section 50-01.2-00.1
50-01.2-00.1. Definitions
Status: in_force

50-01.2-00.1. Definitions

In this chapter, unless the context otherwise requires:

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

2. "Host county" means the county within the human service zone in which the human

service zone administrative office is located and in which the human service zone

team members are employed.
N.D. Cent. Code § 50-24.7-08 — ND Code / Title 50 / Chapter 50-24.7 / Section 50-24.7-08
50-24.7-08. Intensive care coordination - Pilot project
Status: in_force

50-24.7-08. Intensive care coordination - Pilot project

The department may establish an intensive care coordination pilot project under the home

and community-based service options for older adults and individuals with physical disabilities.
N.D. Cent. Code § 50-06.3-08 — ND Code / Title 50 / Chapter 50-06.3 / Section 50-06.3-08
50-06.3-08. Reduction or writeoff of accounts - Reports required
Status: in_force

50-06.3-08. Reduction or writeoff of accounts - Reports required

The department may authorize the reduction or writing off of a recipient's or patient's

past-due account from the department's financial records upon making a determination that the

account is not collectible. The department, by September first after the close of each fiscal year,

shall present a detailed report to the legislative audit and fiscal review committee on the status

of accounts receivable for that fiscal year. The report must include:

1. An aging by recipient classification of accounts remaining unpaid.

2. The amounts by recipient classification by which accounts were reduced or written off

for reasons other than payment during that fiscal year.
N.D. Cent. Code § 50-01.2-05 — ND Code / Title 50 / Chapter 50-01.2 / Section 50-01.2-05
50-01.2-05. Actions and proceedings - Duty of state's attorney
Status: in_force

50-01.2-05. Actions and proceedings - Duty of state's attorney

Any suit or other proceeding arising out of the administration of the laws pertaining to the

support of persons eligible for county general assistance or general assistance must be brought

by or against the county in its corporate name, human service zone, or department. The state's

attorney shall institute and conduct or defend any and all actions or proceedings that may be

instituted under chapter 50-01. The department may institute and conduct or defend any and all

actions or proceedings that may be instituted under section 50-01-21.
N.D. Cent. Code § 50-25.2-05 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-05
50-25.2-05. Evaluation and assessment - Participation by law enforcement agencies - Entry
Status: in_force

50-25.2-05. Evaluation and assessment - Participation by law enforcement agencies -

Entry.

1. The department or the department's designee shall immediately evaluate and assess

any report received by the department or the department's designee under section

50-25.2-03, including the residence of the alleged vulnerable adult and the

circumstances surrounding the report. For the purpose of evaluating a report or

providing other adult protective services, the department or the department's designee

may:

a. Interview the alleged vulnerable adult, with or without notice to the caregiver or

any other person, and interview the caregiver and any other individual who may

have knowledge of the circumstances surrounding the report;

b. Enter any premises in which the alleged vulnerable adult is an occupant, with the

consent of the alleged vulnerable adult or the caregiver;

c. Have access to all records of the vulnerable adult:

(1) If the vulnerable adult, or the caregiver or legal representative of the

vulnerable adult, has authorized the department or the department's

designee to have access;

(2) If the vulnerable adult, because of a substantial functional or mental

impairment, is unable to authorize the department or the department's

designee to have such access, does not have a legal guardian or other legal

representative, and is an individual with respect to whom a report was

received by the department or the department's designee; or

(3) If the vulnerable adult, because of a substantial functional or mental

impairment, is unable to authorize the department or the department's

designee to have such access, the legal guardian or other legal

representative is alleged to cause the circumstances surrounding the report,

and is an individual with respect to whom a report was received by the

department or the department's designee;

d. Coordinate the assessment and the provision of other adult protective services

with other state or local agencies, departments, or institutions, including the

agency of the protection and advocacy project, or private agencies,

organizations, and professionals providing services necessary or advisable for

the vulnerable adult; and

e. Request records, except as prohibited under title 42, Code of Federal

Regulations, part 2, from a medical, dental, or mental health professional,

hospital, medical or mental health facility, or health care clinic regarding a

vulnerable adult with respect to whom a report was received by the department or

the department's designee. A medical, dental, or mental health professional,

hospital, medical or mental health facility, or health care clinic shall disclose to the

department or the department's designee, upon request, the records of a patient

or client which are relevant to a vulnerable adult evaluation, assessment or other

adult protective services. The department, or the department's designee, shall

limit the request for records to the minimum amount of records necessary to

enable a determination to be made or to support other adult protective services.

2. If a report alleges, or circumstances surrounding the report indicate, a violation of a

criminal statute or an imminent danger of serious physical injury or death of the

vulnerable adult, the department or the department's designee shall notify the

appropriate law enforcement agency. In such a case, the law enforcement agency may

investigate the allegations in the report, take immediate steps if necessary to protect

the vulnerable adult, and institute legal proceedings if appropriate. The law

enforcement agency shall notify the department or the department's designee if such

action is taken. This section does not limit the responsibilities of law enforcement

agencies to enforce the laws of this state or preclude law enforcement agencies from

investigating, as appropriate, any alleged criminal conduct. In all other cases of

alleged abuse or neglect, the department or the department's designee may request

assistance in an evaluation or the provision of other adult protective services from an

appropriate law enforcement agency if necessary under the circumstances.

3. If the alleged vulnerable adult, or the caregiver, does not consent to an evaluation or

investigation, a search warrant may be issued by a magistrate pursuant to law upon a

showing of probable cause to believe that abuse or neglect has occurred. A law

enforcement officer may make a reasonable entry of the premises without a search

warrant or consent of the alleged vulnerable adult or caregiver for the purpose of

rendering assistance if the officer has probable cause to believe that the delay of entry

would cause the alleged vulnerable adult to be in imminent danger of serious physical

injury or death.
N.D. Cent. Code § 50-09-04 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-04
50-09-04. Preservation and protection of religious faith
Status: in_force

50-09-04. Preservation and protection of religious faith

The county, human service zone, and state agencies shall preserve and protect the

religious faith of children coming under their jurisdiction.
N.D. Cent. Code § 50-25.1-04.3 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-04.3
50-25.1-04.3. Child fatality review panel - Duties
Status: in_force

50-25.1-04.3. Child fatality review panel - Duties

The child fatality review panel shall meet at least quarterly to review the deaths and near

deaths of all minors which occurred in the state during the preceding twelve months and to

identify trends or patterns in the deaths and near deaths of minors. The panel may review near

deaths alleged to have resulted only from child abuse and neglect. The panel shall promote:

1. Interagency communication for the management of child death cases and for the

management of future nonfatal cases.

2. Effective criminal, civil, and social intervention for families with fatalities.

3. Intervention and counseling of surviving and at-risk siblings, and offer the same.

4. Interagency use of cases to audit the total health and social service systems and to

minimize misclassification of cause of death.

5. Evaluation of the impact of specific risk factors including substance abuse, domestic

violence, and prior child abuse.

6. Interagency services to high-risk families.

7. Data collection for surveillance of deaths and the study of categories of causes of

death.

8. The use of media to educate the public about child abuse prevention.

9. Intercounty, interhuman service zones, and interstate communications regarding child

death.

10. Information that apprises a parent or guardian of the parent's or guardian's rights and

the procedures taken after the death of a child.
N.D. Cent. Code § 50-06-41 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-41
50-06-41. Behavioral health services quarterly report
Status: in_force

50-06-41. Behavioral health services quarterly report

The department shall publish a quarterly report of all behavioral health services provided by

or supported by the department. The report must include each type of behavioral health service,

the number of clients served for each service, and the amount of state and federal funds

budgeted and spent for each service. Data must be identified for behavioral health services by

human service region and by mental health services provided to children, mental health

services provided to adults, and substance abuse services.
N.D. Cent. Code § 50-06.1-04 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-04
50-06.1-04. Division executive director - Duties - Relationship of division to department
Status: in_force

50-06.1-04. Division executive director - Duties - Relationship of division to

department.

The department is responsible for vocational rehabilitation. The division executive director

must be appointed in accordance with established personnel standards and on the basis of the

person's education, training, experience, and demonstrated ability. In carrying out the division

executive director's duties under this chapter, the division executive director, with the approval

of the department:

1. Shall make regulations governing personnel standards, the protection of records and

confidential information, the manner and form of filing applications, eligibility and

investigation and determination thereof for vocational rehabilitation services,

procedures for fair hearings, and such other regulations as the division executive

director finds necessary to carry out the purposes of this chapter relating to vocational

rehabilitation.

2. Shall establish, with the approval of the department, appropriate subordinate

administrative units within the division.

3. Shall appoint, with the approval of the department, such personnel as the division

executive director deems necessary for the efficient performance of the functions of

the division.

4. Shall prepare and submit to the department annual reports of activities and

expenditures and, prior to each regular session of the legislative assembly, estimates

of sums required for carrying out the provisions of this chapter relating to vocational

rehabilitation, and estimates of the amounts to be made available for this purpose from

all sources.

5. Shall make certification for disbursement, in accordance with regulations, of funds

available for vocational rehabilitation purposes.

6. Shall take, with the approval of the department, such other action as the division

executive director deems necessary or appropriate to carry out the provisions of this

chapter relating to vocational rehabilitation.

7. May delegate, with the approval of the department, to any officer or employee of the

division such of the division executive director's powers and duties, except the making

of regulations and the appointment of personnel, as the division executive director

finds necessary to carry out the provisions of this chapter relating to vocational

rehabilitation.

8. Shall appoint such advisory bodies with emphasis on consumer participation as

deemed necessary for compliance with any federal act pertaining to vocational

rehabilitation or for the proper and efficient carrying out of the duties of the division.
N.D. Cent. Code § 50-21-01 — ND Code / Title 50 / Chapter 50-21 / Section 50-21-01
50-21-01. Revolving loan fund - Appropriation
Status: in_force

50-21-01. Revolving loan fund - Appropriation

The revolving loan fund must be maintained for the purpose of making loans to nonprofit

corporations for the construction or reconstruction of nursing homes, basic care facilities, or

combination nursing homes and basic care facilities. All funds transferred into the fund, interest

upon moneys in the fund, and collections of interest and principal on loans made from the fund

are hereby appropriated for the purpose of providing loans in accordance with the provisions of

this chapter.
N.D. Cent. Code § 50-24.1-22 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-22
50-24.1-22. Long-term care facility information
Status: repealed

50-24.1-22. Long-term care facility information

Repealed by S.L. 2019, ch. 408, § 39.
N.D. Cent. Code § 50-06-06.15 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.15
50-06-06.15. Mental health program registry
Status: in_force

50-06-06.15. Mental health program registry

The department shall establish and maintain a registry of mental health programs in the

state. A mental health program shall provide the information and documentation necessary to

the department at least annually in the form and manner prescribed by the department. The

department shall make the registry available to the public on the department's website.
N.D. Cent. Code § 50-11.1-19 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-19
50-11.1-19. Play area regulation
Status: in_force

50-11.1-19. Play area regulation

If an early childhood program under this chapter has sufficient indoor recreation space, the

department may not require outdoor play space.
N.D. Cent. Code § 50-01-01.1 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-01.1
50-01-01.1. Determination of eligibility - Notice - Appeal
Status: in_force

50-01-01.1. Determination of eligibility - Notice - Appeal

The human service zone director or the director's designee is responsible for determining,

within a reasonable period of time, an applicant's eligibility for general assistance under this

chapter. The applicant must be provided written notice of the determination. The notice must

include the reasons for the determination, as well as an explanation of the applicant's right to a

timely appeal of the determination to the human service zone board if aggrieved by the decision.

Decisions of the human service zone board regarding appeals taken pursuant to this section are

subject to judicial review in the manner prescribed by chapter 28-32.
N.D. Cent. Code § 50-25.1-21 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-21
50-25.1-21. Alternative response assessment - Services
Status: in_force

50-25.1-21. Alternative response assessment - Services

1. In response to an alternative response assessment, the department:

a. Shall provide referral services to, and monitor support services for, the person

responsible for the child's welfare, the substance exposed infant, and other

children under the same care as may be necessary for their well-being and

safety;

b. Shall develop a plan of safe care for the substance exposed infant; and

c. May take any appropriate action under chapter 25-03.1.

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

through an authorized agent.
N.D. Cent. Code § 50-25.1-09 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-09
50-25.1-09. Immunity from liability
Status: in_force

50-25.1-09. Immunity from liability

Any person, other than the alleged violator, participating in good faith in the making of a

report, assisting in an investigation, assisting or furnishing information in a child protection

assessment, assisting or furnishing information in an alternative response assessment,

assisting or furnishing information in a family services assessment, or in providing protective

services under this chapter or who is a member of the child fatality review panel, is immune

from any liability, civil or criminal, except for criminal liability as provided by section 50-25.1-13,

that otherwise might result from reporting the alleged case of abuse, neglect, or death resulting

from child abuse or neglect. For the purpose of any proceeding, civil or criminal, the good faith

of any person required to report cases of child abuse, neglect, or death resulting from abuse or

neglect must be presumed.
N.D. Cent. Code § 50-06-47 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-47
50-06-47. Pay for success fund - Continuing appropriation - Report to legislative management
Status: in_force

50-06-47. Pay for success fund - Continuing appropriation - Report to legislative

management.

1. There is created in the state treasury the pay for success fund. The fund consists of all

transfers to the fund and fund earnings. Moneys in the fund are appropriated to the

department of health and human services on a continuing basis for defraying the

expenses associated with a pay for success program developed by the department.

The department shall develop the program with outcomes focused on improving

educational, social, or emotional achievement of at-risk children, improving the health

of children, and increasing participation in the workforce by individuals who qualify for

government assistance.

2. The pay for success program may include a performance-based grant, contract, or

other agreement for initiatives to improve outcomes that result in increased public

value and social benefits, including improved outcomes, cost-savings, increased public

revenue, or minimal administrative requirements.

3. The pay for success program must include the following:

a. A provision that a bonus payment may be provided to the recipient of the grant,

contract, or agreement to expand capacity for a proposed initiative;

b. A provision that a bonus payment may be provided to the recipient of the grant,

contract, or agreement only after a twenty-percent cost reduction has been

achieved;

c. A provision that a bonus payment may not exceed half of the cost reduction;

d. A formal evaluation to determine whether the program has met its proposed

outcomes; and

e. An annual report to the legislative management on the progress of the program.

4. The requirements of chapter 54-44.4 do not apply to the selection of a grant recipient,

the grant award, or payments made under this section.

5. All moneys designated for the fund from whatever source derived must be deposited

by the state treasurer in the pay for success fund. The state treasurer shall invest

moneys in the fund in interest-bearing accounts as is designated by the department of

health and human services and the interest earned must be retained in the fund. The

state treasurer shall apply the prudent investor rule in investing the moneys in the

fund. The commissioner of the department of health and human services or the

director's designee shall administer the fund.
N.D. Cent. Code § 50-09-02.5 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-02.5
50-09-02.5. Required uses of statewide automated data processing system
Status: in_force

50-09-02.5. Required uses of statewide automated data processing system

The statewide automated data processing system established under section 50-09-02.1

must, in accordance with requirements of title IV-D, and regulations, formats, and operating

requirements of the secretary adopted thereunder:

1. Effective October 1, 1998, provide comparisons respecting:

a. Federal and state case registry information;

b. Federal and state parent locator information;

c. Information secured under this chapter, chapter 50-24.1, similar laws

administered in other states, and such other programs designated by the

secretary as necessary to perform state agency functions under title IV-D, and

under the respective programs; and

d. Information gathered by other agencies of this state, agencies of other states,

and interstate networks as necessary and appropriate to carry out state agency

duties respecting title IV-D or to assist other states to carry out similar duties;

2. Effective October 1, 1998, be used by the state disbursement unit in the performance

of functions including:

a. Timely transmission of orders and notices to income payers for the withholding of

income using uniform formats prescribed by the secretary;

b. Ongoing monitoring to promptly identify failures to make timely payment of

support;

c. Automatic use of enforcement procedures if payments are not timely made; and

d. Be used, to the maximum extent feasible, to receive and disburse child support

payments through electronic fund transfers; and

3. Be used, to the maximum extent feasible, to implement the expedited administrative

procedures required by title IV-D.
N.D. Cent. Code § 50-29-03 — ND Code / Title 50 / Chapter 50-29 / Section 50-29-03
50-29-03. Duties of human service zone
Status: in_force

50-29-03. Duties of human service zone

In the administration of the plan, the human service zone shall investigate and record the

circumstances of each applicant or recipient of assistance, in order to ascertain the facts

supporting the application, or the granting of assistance, and obtain such other information as

may be required by the rules and regulations of the department.
N.D. Cent. Code § 50-35-05 — ND Code / Title 50 / Chapter 50-35 / Section 50-35-05
50-35-05. Human service zone human services fund - Establishment - Fund balance limitations
Status: in_force

50-35-05. Human service zone human services fund - Establishment - Fund balance

limitations.

1. Each human service zone in this state shall maintain a fund to be known as the human

service zone human services fund. All expenditures, excluding indirect costs

payments, by the human service zone for human services must be paid from the

human service zone human services fund. If, due to unforeseen or other extenuating

circumstances, a human service zone's distribution payment and balance of moneys

carried over pursuant to subsection 2 are not sufficient to meet the expenses of that

human service zone, the director may approve a transfer from the human service

finance fund to the human service zone human services fund.

2. The balance of moneys in the human service zone human services fund on January

first of each year, after calendar year 2020, may not exceed five hundred thousand

dollars for a human service zone that had annual expenditures of two million dollars or

greater in calendar year 2020 or two hundred fifty thousand dollars for a human

service zone that had annual expenditures of less than two million dollars in calendar

year 2020. The balance of moneys carried over must be used for the administration of

human services within that human service zone as approved by the human service

zone director and may not be used for the county's cost allocation of indirect costs.

The human service zone human services fund is not subject to any other charges and

is exempt from section 21-02-08.
N.D. Cent. Code § 50-01.2-02 — ND Code / Title 50 / Chapter 50-01.2 / Section 50-01.2-02
50-01.2-02. Members of human service zone board - Term of office - Oath - Compensation
Status: in_force

50-01.2-02. Members of human service zone board - Term of office - Oath -

Compensation.

The appointed members of the human service zone board serve a term of three years or

until their successors have duly qualified. The members appointed to the initial human service

zone board of a human service zone, however, must be appointed to staggered terms

determined according to the plan approved pursuant to section 50-01.1-03. Each appointed

member of the human service zone board shall qualify by taking the oath provided for civil

officers. The oath must be filed with the county auditor of the county of residency. The human

service zone shall compensate appointed members of the human service zone board at a rate

established by the host county commission, upon consultation with the other county

commissions in the human service zone, consistent with the rate of compensation for members

of other appointed boards within the member counties and not to exceed the compensation and

expense reimbursement of members of the legislative assembly. The human service zone shall

also pay members for mileage and actual expenses incurred in attending meetings and in other

performance of official duties of the members in the amounts provided by law for other state

officers.
N.D. Cent. Code § 50-11-04.5 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-04.5
50-11-04.5. Accumulation of fiscal sanctions
Status: in_force

50-11-04.5. Accumulation of fiscal sanctions

A facility must promptly provide written notice to the department when a violation noted in a

notice of noncompliance is corrected. Upon receipt of written notice by the department, the daily

fiscal sanction assessed for the deficiency must stop accruing. The facility must be promptly

reinspected. If, upon reinspection, it is determined that the deficiency has not been corrected,

the daily assessment of fiscal sanctions must resume and the amount of fiscal sanctions that

otherwise would have accrued during the period prior to resumption must be added to the total

assessment due from the facility. The department must mail or deliver a notice of resumption to

the facility. Recovery of the resumed fiscal sanction must be stayed if the licensee makes a

written request for an administrative hearing in the manner provided for in chapter 28-32,

provided that the written request for the hearing is made to the department within ten days after

mailing or delivery of the notice of resumption.
N.D. Cent. Code § 50-09-35 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-35
50-09-35. Child support deduction order
Status: in_force

50-09-35. Child support deduction order

1. The state agency, directly or through agents, may issue an order requiring an income

payer to deduct the amount identified in the order from the portion of any lump sum

payment to an obligor that has been withheld under section 14-09-09.34.

2. The state agency, directly or through agents, may issue an order requiring a financial

institution to deduct the amount identified in the order from any account of the obligor

maintained in the financial institution.

3. The state agency shall serve the order on the income payer or financial institution in

the manner provided for service of a summons in a civil action or in any other manner

agreed to by the income payer or financial institution. The state agency shall serve a

copy of the order upon the obligor by first-class mail to the obligor's last-known

address, along with a notice of the obligor's right to claim that the property is exempt

from legal process under section 28-22-02, the right to request an informal review by

the state agency within ten days of the date of the notice, and the right of the obligor

and any other aggrieved person to a review by a court under section 50-09-14. If an

informal review is requested under this subsection, the time for requesting a review by

a court under section 50-09-14 does not expire until thirty days after the informal

review is completed.

4. The income payer or financial institution shall deduct the amount identified in the order

or the balance of the account, whichever is less, and transmit the funds to the state

disbursement unit within seven business days of the date the order is served.

5. An order issued under this section has priority over any other legal process against the

same account, except to the extent necessary to satisfy any right of setoff which exists

in connection with an account, payment orders that were made by the obligor before

the financial institution was served with the order, or other obligations of the obligor

based upon written agreements or instruments made or issued by the obligor before

the financial institution was served with the order.

6. An income payer or financial institution may also withhold and retain an additional sum

of three dollars from the obligor's account or from the amount retained under section

14-09-09.34 to cover expenses involved in transmitting payment.

7. An income payer or financial institution receiving an order 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

an order under this section.
N.D. Cent. Code § 50-11-06.9 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-06.9
50-11-06.9. Criminal history record investigation for foster home for adults - When not required
Status: in_force

50-11-06.9. Criminal history record investigation for foster home for adults - When not

required.

A criminal history record investigation may not be required, under section 50-11-06.8 or

50-11-02.4, of a foster home for adults licensed or approved on August 1, 1999, for so long as

that home remains continuously licensed or approved.
N.D. Cent. Code § 50-06-21 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-21
50-06-21. Gambling disorder prevention, awareness, crisis intervention, rehabilitation, and treatment services
Status: in_force

50-06-21. Gambling disorder prevention, awareness, crisis intervention,

rehabilitation, and treatment services.

The department shall administer, develop, and implement a gambling disorder prevention,

awareness, crisis intervention, rehabilitation, and treatment services program or contract with

qualified treatment service providers for the development and implementation of a program for

gambling prevention, awareness, crisis intervention, rehabilitation, financial counseling, and

mental health treatment services. The program may provide outpatient services, partial care

services, aftercare services, intervention services, financial counseling services, consultation

services, or other forms of preventive, rehabilitative, or treatment services for individuals with a

gambling disorder. An individual who provides treatment services must be a licensed

professional operating within the individual's scope of practice. An individual who provides

financial counseling services must be a certified consumer credit counselor with an accredited

financial counseling agency. The department may establish a sliding payment scale for services

under the program. The department may establish a centrally located repository of educational

materials on identifying and treating gambling disorders. Any service fee collected by qualified

treatment service providers for services provided under the contract must be applied toward the

program's gambling disorder services. The term "qualified treatment service provider" means an

entity based in North Dakota which is experienced in and capable of delivering gambling

disorder education, prevention, awareness, crisis intervention, rehabilitation, financial

counseling, and mental health treatment services as defined by the department of health and

human services. The term "gambling disorder" means a chronic, progressive disease that is

characterized by a preoccupation with gambling, loss of control over gambling behaviors, and

oftentimes disregard for the negative consequences as a result of gambling. Gambling disorder

includes gambling behavior that compromises, disrupts, or damages personal, family, or

vocational pursuits.
N.D. Cent. Code § 50-06-01.5 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-01.5
50-06-01.5. Office and office equipment
Status: repealed

50-06-01.5. Office and office equipment

Repealed by S.L. 2017, ch. 331, § 14.
N.D. Cent. Code § 50-09-38 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-38
50-09-38. Transition assistance for child care
Status: in_force

50-09-38. Transition assistance for child care

The state agency shall establish a program of transition assistance to pay a portion of the

cost of child care for families that lose eligibility, and remain ineligible, for benefits under section

50-09-29 due to earnings from employment. This program must:

1. Provide benefits for up to the six months following the loss of benefits under section

50-09-29;

2. Pay assistance to the child care provider; and

3. Meet all requirements to be considered "assistance" for purposes of title 45, Code of

Federal Regulations, part 260, section 31, or any substantially similar federal

regulation that may replace title 45, Code of Federal Regulations, part 260, section 31.
N.D. Cent. Code § 50-01-28 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-28
50-01-28. Change of residence to another human service zone
Status: in_force

50-01-28. Change of residence to another human service zone

If a person who is receiving general assistance in one human service zone becomes a

resident of another human service zone in this state, the human service zone from which the

person moves shall forward appropriate records and files to the new human service zone of

residence.
N.D. Cent. Code § 50-36-05 — ND Code / Title 50 / Chapter 50-36 / Section 50-36-05
50-36-05. Opioid remediation and abatement spending decisions - Implementation
Status: in_force

50-36-05. Opioid remediation and abatement spending decisions - Implementation

1. The department's spending decisions of the legislatively appropriated funds from the

fund for remediating and abating the opioid crisis must include at least twenty percent

for opioid use prevention and overdose prevention, including best practices relating to

fentanyl drug overdose, and approved use for workforce development.

2. The department shall implement or assist with the implementation of spending

decisions made under this chapter.
N.D. Cent. Code § 50-06-05.8 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-05.8
50-06-05.8. Department to assume costs of human services
Status: in_force

50-06-05.8. Department to assume costs of human services

The department shall pay each human service zone's expenses for administering human

services for calendar years after December 31, 2019, based on the payment amount calculated

for each human service zone under chapter 50-35. The commissioner of the department or

commissioner's designee 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 or human service zone, or for a new service or

program based on federal or state law.
N.D. Cent. Code § 50-24.4-23 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-23
50-24.4-23. Reporting requirements
Status: in_force

50-24.4-23. Reporting requirements

1. No later than October first of each year, each nursing home that receives medical

assistance payments from the department shall:

a. Except for state-owned facilities, provide the department with a copy of its audited

report that meets the reporting standards of the American institute of certified

public accountants and includes an audited statement of the rate or rates charged

to private-paying residents. The examination by the certified public accountant

must be conducted in accordance with generally accepted auditing standards as

promulgated and adopted by the American institute of certified public

accountants;

b. Provide the department with a statement of ownership for the facility or a

certification that ownership has not changed since the most recent statement

given pursuant to this subsection;

c. Provide the department with audited financial statements as specified in

subdivision a for every other facility owned in whole or in part by an individual or

entity which has an ownership interest in the facility;

d. Upon request, provide the department with audited financial statements as

specified in subdivision a for every organization with which the facility conducts

business and which is owned in whole or in part by an individual or entity which

has an ownership interest in the facility;

e. Provide the department with copies of leases, purchase agreements, appraisals,

financing arrangements, and other documents related to the lease or purchase of

the nursing facility, or a certification that the content of any such document

remains unchanged since the most recent statement given pursuant to this

subsection;

f. Upon request, provide the department with copies of leases, purchase

agreements, and other documents related to the acquisition of equipment, goods,

and services which are claimed as allowable costs; and

g. Permit access by the department to the certified public accountant's audit

workpapers which support the audited financial statements required in

subdivisions a, c, and d.

2. Documents or information provided to the department pursuant to this chapter must be

public. If the requirements of subsection 1 are not met, the reimbursement rate may be

reduced to eighty percent of the rate in effect on the first day of the fourth calendar

month after the close of the reporting year, and the reduction must continue until the

requirements are met.
N.D. Cent. Code § 50-11.1-03 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-03
50-11.1-03. Operation of early childhood services program - License required - Fees
Status: in_force

50-11.1-03. Operation of early childhood services program - License required - Fees

1. A license for family child care is required if early childhood services are provided for

four or more children ages twenty-four months and under, or six or seven children

through age eleven at any one time which includes no more than three children under

twenty-four months of age.

2. A license for group child care is required if early childhood services are provided for at

least eight and no more than thirty children at any one time.

3. A license for a child care center is required if early childhood services are provided for

more than thirty children at any one time.

4. Except as provided under subsection 5, a person may not establish or operate a family

child care, group child care, preschool, school-age child care, or child care center

unless licensed to do so by the department.

5. A governmental organization may not establish or operate a family child care, group

child care, preschool, school-age child care, or child care center without first receiving

public approval by certifying, to the department, that it has complied with all rules

applicable to family child care, group child care, preschool, or school-age child care, or

to child care centers.

6. A license is not required for onsite child care services located in the actual building in

which the child's parent is employed, not to exceed ten children per location.

7. An applicant for a license shall submit the following nonrefundable fees with the

application:

a. The owner of a family child care applying for a license shall pay an annual license

fee of twenty dollars or if the license is issued for a two-year period, a fee of

thirty-five dollars.

b. The owner of a group child care applying for a license shall pay an annual license

fee of twenty-five dollars or if the license is issued for a two-year period, a fee of

forty-five dollars.

c. The owner of a preschool applying for a license shall pay an annual license fee of

thirty dollars or if the license is issued for a two-year period, a fee of fifty-five

dollars.

d. The owner of a child care center applying for a license shall pay an annual

license fee of forty dollars or if the license is issued for a two-year period, a fee of

seventy-five dollars.

e. The owner of a multiple licensed program applying for a license shall pay an

annual license fee of fifty dollars or if the license is issued for a two-year period, a

fee of ninety-five dollars.

8. An applicant for a license who currently holds a license or self-declaration shall submit

the nonrefundable fees set forth in subsection 7 with the application at least sixty days

and no more than ninety days before the expiration date of the applicant's current

license or self-declaration. If the nonrefundable fees and application are submitted less

than sixty days before the expiration date of the applicant's current license or

self-declaration, the applicant shall submit with the application two times the

nonrefundable fees set forth in subsection 7.

9. In addition to any criminal sanctions or other civil penalties that may be imposed

pursuant to law, the owner of an early childhood program who, after being given

written notice by the department, continues to provide early childhood services without

a license as required by this section is subject to a civil penalty of fifty dollars per day

for each day of operation without the required license. The civil penalty may be

imposed by the courts or by the department through an administrative hearing

pursuant to chapter 28-32.

10. All fees collected under subsections 7 and 8 must be paid to the department and must

be used to defray the cost, to the department, of investigating, inspecting, and

evaluating the applications or to provide training to providers.

11. Any hours of department-approved training related to child care which an applicant or

staff member completes after submitting the fees and application as required under

subsection 8 must be counted toward the licensing annual requirements for the

following year.
N.D. Cent. Code § 50-24.3-03 — ND Code / Title 50 / Chapter 50-24.3 / Section 50-24.3-03
50-24.3-03. Targeted case management - Powers and duties
Status: in_force

50-24.3-03. Targeted case management - Powers and duties

The department of health and human services has the following powers and duties which it

may delegate to any entity that provides targeted case management services approved by the

department:

1. To seek cooperation from other public and private entities in the community that offer

services to individuals with disabilities or the elderly.

2. To provide information and education to the general public regarding availability of

targeted case management.

3. To accept referrals from an interested party including individuals, families, human

services program professionals, nursing facility personnel, and acute care facility

personnel.

4. To assess the health and social needs of, and provide targeted case management to,

referred individuals who wish to receive this service.

5. To identify available noninstitutional services to meet the needs of referred individuals.

6. To prepare an individual care plan for each individual receiving targeted case

management services.

7. To inform referred individuals of the extent to which long-term care services are

available, including institutional and community-based services, and of the individual's

opportunity to choose, in consultation with an attending physician, family members,

and other interested parties, among the appropriate alternatives that may be available.

8. To monitor the results of targeted case management and report to each legislative

assembly on these results and the cost-effectiveness of these services.
N.D. Cent. Code § 50-06.1-15 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-15
50-06.1-15. Cooperation between agencies
Status: in_force

50-06.1-15. Cooperation between agencies

The office of vocational rehabilitation and other divisions of the department shall work

cooperatively to locate eligible clients and to identify and provide them with the services they

require to lead a full and meaningful life.
N.D. Cent. Code § 50-06-26 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-26
50-06-26. Alternatives-to-abortion program
Status: in_force

50-06-26. Alternatives-to-abortion program

1. As used in this section, "support services" includes medical services and post-abortion

services.

2. The department shall establish and maintain an alternatives-to-abortion program that

disburses funds to nongovernmental entities that provide services that promote

childbirth instead of abortion by providing information, counseling, support services,

and material assistance to pregnant women, women who believe they may be

pregnant, and parents or other relatives caring for children twelve months of age or

younger.

3. The department, in consultation with a nongovernmental entity that provides

alternatives-to-abortion services, shall contract to inform the public about this program.

4. A religious organization receiving disbursements under the alternatives-to-abortion

program may retain its independence from state and local governments, including the

organization's control over the definition, development, practice, and expression of its

religious beliefs.

5. The department may not require a religious organization to alter its form of internal

governance, or remove religious art, icons, scripture, or other symbols as a condition

to receiving disbursements from the alternatives-to-abortion program.

6. If an individual receiving services under the alternatives-to-abortion program has an

objection to the religious character of the entity providing alternatives-to-abortion

services, the department shall, within a reasonable period of time after the date of the

objection, make reasonable efforts to provide the individual with assistance of an equal

value from an alternative provider accessible to the individual.

7. Except as otherwise provided by law, a religious organization may not discriminate

against an individual in regard to providing alternatives-to-abortion services on the

basis of religion, religious belief, or refusal to actively participate in religious practice.

8. If a religious organization segregates funds received from the alternatives-to-abortion

program into a separate account, then only the account in which funds were deposited

may be subject to an audit by the state.

9. Funds from the alternatives-to-abortion program may not be used for religious worship,

instruction, or proselytization.
N.D. Cent. Code § 50-06-06.12 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.12
50-06-06.12. Child care provider reimbursement system
Status: repealed

50-06-06.12. Child care provider reimbursement system

Repealed by S.L. 1995, ch. 462, § 2.
N.D. Cent. Code § 50-06-29 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-29
50-06-29. Application for aging and disability resource center funding
Status: in_force

50-06-29. Application for aging and disability resource center funding

The department shall operate an aging and disability resource center for the state. The

resource center will be a single point of information program at the community level which will

help people make informed decisions about the full range of long-term care service and support

options, including both institutional and home and community-based care, and which will

provide unbiased information and assistance to individuals needing either public or private

resources, to professionals seeking assistance on behalf of their clients, and to individuals

planning for their future long-term care needs. The resource center must be free from a conflict

of interest which would inappropriately influence or bias the actions of a contractor, staff

member, board member, or volunteer of the resource center to limit the information given to a

consumer to steer the consumer to services that may also be provided by the resource center.
N.D. Cent. Code § 50-24.4-01 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-01
50-24.4-01. Definitions
Status: in_force

50-24.4-01. Definitions

For the purposes of this chapter:

1. "Actual allowable historical operating cost per diem" means the per diem operating

costs allowed by the department for the most recent reporting year.

2. "Actual resident day" means a billable, countable day as defined by the department.

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

4. "Direct care costs" means the cost category for allowable nursing and therapy costs.

5. "Fair rental value" means the depreciated replacement value of the building, fixed

equipment, moveable equipment, and land based on the facility's effective age. The

calculation of the fair rental value of the building and fixed equipment must include a

location factor, annual depreciation, and an annual replacement cost inflation factor.

6. "Fair rental value rate" means the per diem rate calculated using the fair rental value

and rental rate.

7. "Final rate" means the rate established after any adjustment by the department,

including adjustments resulting from cost report reviews and audits.

8. "Fringe benefits" means workforce safety and insurance, group health or dental

insurance, group life insurance, retirement benefits or plans, and uniform allowances,

and medical services furnished at nursing home expense.

9. "General and administrative costs" means all allowable costs for administering the

facility, including salaries of administrators, assistant administrators, accounting

personnel, data processing personnel, security personnel, and all clerical personnel;

board of directors' fees; business office functions and supplies; travel, except as

necessary for training programs for dietitians, nursing personnel, and direct resident

care related personnel required to maintain licensure, certification, or professional

standards requirements; telephone and telegraph; advertising; membership dues and

subscriptions; postage; insurance, except as included as a fringe benefit; professional

services such as legal, accounting, and data processing services; central or home

office costs; management fees; management consultants; employee training, for any

top management personnel and for other than direct resident care related personnel;

and business meetings and seminars.

10. "Historical operating costs" means the allowable operating costs incurred by the facility

during the reporting year immediately preceding the rate year for which the payment

rate becomes effective, after the department has reviewed those costs and determined

them to be allowable costs under the medical assistance program, and after the

department has applied appropriate limitations such as the limit on administrative

costs.

11. "Indirect care costs" means the cost category for allowable administration, plant,

housekeeping, medical records, chaplain, pharmacy, and dietary, exclusive of food

costs.

12. "Managed care organization" means a Medicaid managed care organization as that

term is defined in section 1903(m) of the Social Security Act [42 U.S.C. 1396b(m)].

13. "Margin cap" means a percentage of the price limit which represents the maximum

per diem amount a nursing home may receive if the facility has historical operating

costs below the price limit.

14. "Nursing home" means a facility, not owned or administered by the state government,

defined in section 43-34-01 or a facility owned or administered by the state, which

agrees to accept a rate established under this chapter.

15. "Operating costs" means the day-to-day costs of operating the facility in compliance

with licensure and certification standards.

16. "Other direct care costs" means the cost category for allowable activities, social

services, laundry, and food costs.

17. "Payment rate" means the rate determined under section 50-24.4-06.

18. "Payroll taxes" means the employer's share of Federal Insurance Contributions Act

taxes, governmentally required retirement contributions, and state and federal

unemployment compensation taxes.

19. "Private-paying resident" means a nursing home resident on whose behalf the nursing

home is not receiving medical assistance payments and whose payment rate is not

established by any governmental entity with ratesetting authority, including the

veterans' administration or Medicare, or whose payment rate is not negotiated by any

managed care organization contracting with a facility to provide services for the

resident.

20. "Rate year" means the fiscal year for which a payment rate determined under this

chapter is effective, from January first to the next December thirty-first.

21. "Reporting year" means the period from July first to June thirtieth, immediately

preceding the rate year, for which the nursing home submits reports required under

this chapter.

22. "Top management personnel" means owners, board members, corporate officers,

general, regional, and district managers, administrators, nursing home administrators,

and other persons performing functions ordinarily performed by such personnel.
N.D. Cent. Code § 50-11-01.4 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-01.4
50-11-01.4. Foster care for adults - License required
Status: in_force

50-11-01.4. Foster care for adults - License required

A person may not furnish foster care for adults for more than one adult, or for more than two

adults who are related to each other, without first procuring a license to do so from the

department. A person may not furnish foster care for an adult if the person has had a license

denied or revoked unless the department subsequently issues a license to that person.
N.D. Cent. Code § 50-09-29 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-29
50-09-29. Requirements for administration of temporary assistance for needy families
Status: in_force

50-09-29. Requirements for administration of temporary assistance for needy

families.

1. Except as provided in subsections 2, 3, and 4, the state agency, in its administration of

the temporary assistance for needy families program, shall:

a. Provide assistance to otherwise eligible pregnant women;

b. Except as provided in subdivision c, afford eligible households benefits for no

more than sixty months;

c. Exempt eligible households from the requirements of subdivision b due to mental

or physical disability of a parent or child, mental or physical incapacity of a parent,

or other hardship including a parent subject to domestic violence as defined in

section 14-07.1-01;

d. Unless an exemption, exclusion, or disregard is required by law, count income

and assets whenever actually available;

e. Except as provided in subdivision j, and as required to allow the state to receive

funds from the federal government under title IV-A, provide no benefits to

noncitizen immigrants who arrive in the United States after August 21, 1996;

f. Limit eligibility to households with total available assets, not otherwise exempted

or excluded, of a value established by the state agency;

g. Exclude one motor vehicle of any value in determining eligibility;

h. Require work activities for all household members not specifically exempted by

the state agency for reasons such as mental or physical disability of a parent or

child or mental or physical incapacity of a parent;

i. Establish goals and take action to prevent and reduce the incidence of

out-of-wedlock pregnancies and establish numerical goals for reducing the

illegitimacy rate for the state for periods through calendar year 2005;

j. To the extent required to allow the state to receive funds from the federal

government under title IV-A, provide benefits to otherwise eligible noncitizens

who are lawfully present in the United States;

k. Establish and enforce standards against program fraud and abuse;

l. Provide employment placement programs;

m. Exempt from assets and income the savings and proportionate matching funds in

individual development accounts;

n. Determine the unemployment rate of adults living in a county that includes Indian

reservation lands and a significant population of Indian individuals by using

unemployment data provided by job service North Dakota;

o. When appropriate, require household members to complete high school;

p. To the extent required to allow the state to receive funds from the federal

government under title IV-A, exempt single parents from required work activities;

q. Provide for sanctions, including termination of assistance to the household, if a

household member fails to cooperate with work requirements;

r. Provide for sanctions, including termination of assistance to the household, if a

household member fails, without good cause, to cooperate with child support

activities;

s. Deny assistance with respect to a minor child absent from the household for more

than one calendar month, except as specifically provided by the state agency for

absences;

t. Require each household to participate in developing an individual employment

plan and provide for sanctions, including termination of assistance to the

household, if adult or minor household members age sixteen or older fail to

cooperate with the terms of the individual employment plan;

u. Provide pre-pregnancy family planning services that are to be incorporated into

the temporary assistance for needy families program assessment;

v. Disregard earned income as an incentive allowance for no more than twelve

months. Unless the individual has not received temporary assistance for needy

families for twelve or more months, the incentive allowance may not be used

again after the twelve months; and

w. Consider, and if determined appropriate, authorize demonstration projects in

defined areas which may provide benefits and services that are not identical to

benefits and services provided elsewhere.

2. If the secretary of the United States department of health and human services

determines that funds otherwise available for the temporary assistance for needy

families program in this state must be reduced or eliminated should the state agency

administer the program in accordance with any provision of subsection 1, the state

agency shall administer the program in a manner that avoids the reduction or loss.

3. If the state agency determines, subject to the approval of the legislative management,

that there is insufficient worker opportunity, due to increases in the unemployment rate,

to participate in work activities, the state agency may administer the temporary

assistance for needy families program in a manner different than provided in

subsection 1.

4. If the state agency determines, subject to the approval of the legislative management,

that administration of the temporary assistance for needy families program, in the

manner provided by subsection 1, causes otherwise eligible individuals to become a

charge upon the human service zones under chapter 50-01, the state agency may

administer the program in a manner that avoids that result.

5. The state agency may not deny assistance to any individual who has been convicted

of a felony offense that has as an element the possession, use, or distribution of a

controlled substance as defined in section 102(6) of the Controlled Substance Act

[21 U.S.C. 802(6)].
N.D. Cent. Code § 50-09-28 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-28
50-09-28. Substitution of terms - Meaning of title IV-A
Status: in_force

50-09-28. Substitution of terms - Meaning of title IV-A

Whenever the term "aid to families with dependent children", or any derivative of that term,

appears in this code or the North Dakota Administrative Code, used in a context that refers to a

period following the effective date of a state plan submitted under section 402 of the Social

Security Act, as added by title I of Pub. L. 104-193; 110 Stat. 2110, the term "temporary

assistance for needy families", or a derivative of that term, must be substituted therefor. The

term "title IV-A of the Social Security Act", or any derivative of that term, whenever it appears in

this code or the North Dakota Administrative Code, used in a context that refers to a period

following the effective date of a state plan submitted under section 402 of the Social Security

Act, as added by title I of Pub. L. 104-193; 110 Stat. 2110, refers to title IV-A of the Social

Security Act, as amended by section 103 of Pub. L. 104-193; 110 Stat. 2112 et seq.
N.D. Cent. Code § 50-06-38 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-38
50-06-38. Review and limitation
Status: in_force

50-06-38. Review and limitation

Intermediate care facility providers shall submit all facility construction or remodeling

proposals to the department prior to enactment of a contract for the completion of the project.

The department shall review all intermediate care facility construction or remodeling proposals

and may limit allowable construction and remodeling costs to ensure the costs are reasonable

and appropriate.
N.D. Cent. Code § 50-24.1-37 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-37
50-24.1-37. Medicaid expansion - Legislative management report (Contingent repeal - See note)
Status: in_force

50-24.1-37. Medicaid expansion - Legislative management report. (Contingent repeal -

See note)

1. The department shall expand medical assistance coverage as authorized by the

federal Patient Protection and Affordable Care Act [Pub. L. 111-148], as amended by

the Health Care and Education Reconciliation Act of 2010 [Pub. L. 111-152] to

individuals under sixty-five years of age with income below one hundred thirty-eight

percent of the federal poverty line published by the federal office of management and

budget applicable to the household size.

2. The department shall inform new enrollees in the medical assistance expansion

program that benefits may be reduced or eliminated if federal participation decreases

or is eliminated.

3. Except for pharmacy services and coverages for individuals ages nineteen and twenty,

the department shall implement the expansion by bidding through private carriers or

utilizing the health insurance exchange.

4. The contract between the department and the private carrier must provide the

department with full access to provider reimbursement rates. The department shall

consider provider reimbursement rate information in selecting a private carrier under

this section. Before August first of each even-numbered year, the department shall

submit a report to the legislative management regarding provider reimbursement rates

under the medical assistance expansion program.

5. Provider and managed care organization reimbursement rate information received or

held by the department under this section is an open record.
N.D. Cent. Code § 50-33-01 — ND Code / Title 50 / Chapter 50-33 / Section 50-33-01
50-33-01. Definitions
Status: in_force

50-33-01. Definitions

For the purposes of this chapter:

1. "Allowable activities" means paid work, job search, attending job training or an

education program, any activity in the job opportunity and basic skills program,

transportation time related to the activities, temporary illness or incapacity of a current

recipient, and temporary illness of the child.

2. "Approved relative" means an individual provider related to a child in that provider's

care by marriage, blood, or court decree as a grandparent, step-grandparent, great

grandparent, step-great grandparent, aunt, step-aunt, uncle, step-uncle, sibling, or

step-sibling, who has been approved to care for specific children in the provider's own

home, but does not mean a sibling provider who resides in the home of a child in that

provider's care.

3. "Caretaker" means a child's biological or adoptive parent, the spouse of the child's

biological or adoptive parent, or an individual acting in the stead of a child's parent at

the request of the parent or another with authority to make the request, but does not

mean a provider.

4. "Child care assistance unit" means all members of the caretaker's immediate

household, including a child through the month of that child's nineteenth birthday, and

any parent or stepparent of a child, including an acknowledged or adjudicated father of

one or more children in the household, but does not mean any other person who is not

acting in the stead of a parent, a child who is nineteen years of age or older, a child for

whom the household receives foster care payments, or a minor parent of a child in the

household unless the minor parent also requires child care or is incapable of caring for

the child.

5. "Child care center" has the meaning provided in chapter 50-11.1.

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

7. "Family child care" has the meaning provided in chapter 50-11.1.

8. "Group child care" has the meaning provided in chapter 50-11.1.

9. "Human service zone" has the meaning provided in section 50-35-01.

10. "In-home provider" has the meaning provided in section 50-11.1-02.

11. "Provider" means an individual who is eighteen years of age or older, licensed as a

provider in a family child care, group child care, or child care center, with a

self-declaration as a provider of early childhood services who requires no license,

registered as a child care provider by a tribal entity, or an approved relative, who

meets criteria established by the jurisdiction with authority to regulate child care

services.

12. "Recipient" means an individual who is receiving child care assistance.

13. "Tribal entity" means an organization authorized by the government of an Indian tribe

within North Dakota to license, register, or otherwise recognize a child care provider

operating within the jurisdiction of that Indian tribe.

14. "Work":

a. Means any paid employment and any self-employment providing commensurate

income; and

b. Does not mean any unpaid activity except:

(1) With respect to a caretaker who is involved in job opportunity and basic

skills or tribal native employment works required by temporary assistance

for needy families, any approved activity for the program; and

(2) When a state has been determined to have a major disaster, activity by an

individual who is residing in the disaster area and involved in unpaid work

activities, including the cleaning, repair, restoration, and rebuilding of

homes, businesses, and schools.
N.D. Cent. Code § 50-11-06 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-06
50-11-06. Facility not to hold itself out as having authority to dispose of child by adoption unless licensed
Status: in_force

50-11-06. Facility not to hold itself out as having authority to dispose of child by

adoption unless licensed.

No facility licensed under this chapter may be held out as having authority to dispose of any

child, advertise children for adoption, or be held out directly or indirectly, as being able to

dispose of children, without first being licensed so to do under chapter 50-12.
N.D. Cent. Code § 50-09-06.1 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-06.1
50-09-06.1. Assignment of support rights
Status: in_force

50-09-06.1. Assignment of support rights

An application under this chapter is deemed to create and effect an assignment of all rights

to support, which a family member or foster child may have or come to have, to the state

agency. The assignment:

1. Is effective as to all current support obligations and periods of eligibility;

2. Is effective as to all accrued support obligations with respect to a foster care child;

3. Is limited to the total cost of benefits provided to the family or foster child;

4. Terminates when eligibility ceases, except with respect to any support obligation

unpaid at that time; and

5. Is not effective as to any child subject to a benefit cap imposed under section

50-09-29.
N.D. Cent. Code § 50-01-17.4 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-17.4
50-01-17.4. Community work experience program participation
Status: in_force

50-01-17.4. Community work experience program participation

No recipient may be required to participate in a work experience program if:

1. The position offered is vacant because of a strike, lockout, or other labor dispute.

2. The recipient would be required to join a company union or to resign from or refrain

from joining any legitimate labor organization.

3. Participation would impose a hardship on the recipient or the recipient's family

because of illness, physical or mental disability, or remoteness of the recipient's

residence from the place of employment.
N.D. Cent. Code § 50-06-14.1 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-14.1
50-06-14.1. Limitation on state reimbursement for rental expenses of long-term care facilities
Status: in_force

50-06-14.1. Limitation on state reimbursement for rental expenses of long-term care

facilities.

The department shall limit the reimbursement for rental expense paid by a provider of

services when a provider sells its skilled nursing facility, intermediate care facility, basic care

facility, or other facility furnishing care to its residents, when a care rate is based, in part, upon

property costs unique to that facility, to a third party who leases the facility back to the provider.

The department's reimbursement for rental expense may not exceed the lesser of the rental

expense paid by the provider or the cost of ownership of the facility. The cost of ownership

includes depreciation, interest, real estate taxes, and other expenses properly related to the

facility. The department shall apply this limit to rates set for each facility's first fiscal year

beginning on or after July 1, 1985, but shall consider, in setting such rates, all sales occurring on

or after July 18, 1984.
N.D. Cent. Code § 50-06.4-01 — ND Code / Title 50 / Chapter 50-06.4 / Section 50-06.4-01
50-06.4-01. Definitions
Status: in_force

50-06.4-01. Definitions

As used in this chapter:

1. "Brain injury" means damage to the brain or the coverings of the brain which produces

an altered mental state and results in a decrease in cognitive, behavioral, emotional,

or physical functioning. The term does not include an insult of a degenerative or

congenital nature.

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