N.D. Cent. Code § 50-10.1-06 — ND Code / Title 50 / Chapter 50-10.1 / Section 50-10.1-06
50-10.1-06. Establishment of reporting system - Recognition of reports by ombudsmen
Status: in_force

50-10.1-06. Establishment of reporting system - Recognition of reports by

ombudsmen.

The department shall establish a statewide uniform reporting system to collect and analyze

information on complaints and conditions in long-term care facilities for the purpose of

identifying and resolving significant problems. The department shall submit this information to

the appropriate state agency which is responsible for the licensing or certification of the

long-term care facility involved and to the appropriate federal agency. Each state agency

responsible for licensing or certification of long-term care facilities shall coordinate its activities

with the statewide uniform reporting system by submitting to the department in a timely manner

all complaints and information it receives on conditions that adversely affect the health, safety,

welfare, or personal or civil rights of residents; provided, that the information is not privileged

under the law. The ombudsman program may recognize investigative reports conducted by an

appropriate agency or organization.
N.D. Cent. Code § 50-11-06.3 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-06.3
50-11-06.3. License required - Term - Revocation
Status: repealed

50-11-06.3. License required - Term - Revocation

Repealed by S.L. 1993, ch. 472, § 25.
N.D. Cent. Code § 50-24.1-33 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-33
50-24.1-33. Brain injury - Home and community-based services - Quality control
Status: in_force

50-24.1-33. Brain injury - Home and community-based services - Quality control

1. As part of the personal care services program for eligible medical assistance recipients

and as part of the department's services for eligible disabled and elderly individuals,

the department shall provide home and community-based services to individuals who

have a brain injury and meet the functional eligibility criteria for receipt of services.

2. The department shall conduct quality control activities and make training available to

case managers and other persons providing services to individuals under this section.
N.D. Cent. Code § 50-11.1-13 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-13
50-11.1-13. Penalty
Status: in_force

50-11.1-13. Penalty

Any person, partnership, firm, corporation, limited liability company, association, or

organization who violates any of the provisions of this chapter is guilty of a class B

misdemeanor.
N.D. Cent. Code § 50-01-10 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-10
50-01-10. Removal of members of the board
Status: repealed

50-01-10. Removal of members of the board

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-01.2-04 — ND Code / Title 50 / Chapter 50-01.2 / Section 50-01.2-04
50-01.2-04. Removal of members of the human service zone board
Status: in_force

50-01.2-04. Removal of members of the human service zone board

The appointing board of county commissioners may adopt a resolution to remove an

appointed member of the human service zone board without cause. The board of county

commissioners may not remove the human service zone director as presiding officer of the

human service zone board.
N.D. Cent. Code § 50-09-08.3 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-08.3
50-09-08.3. Administrative enforcement in interstate cases
Status: in_force

50-09-08.3. Administrative enforcement in interstate cases

1. In acting as the official agency of the state in administering the child support program

under title IV-D, the state agency, directly or through agents and human service zones:

a. Shall use high-volume automated administrative enforcement, to the same extent

as used in intrastate cases, in response to a request made by another state to

enforce a child support order, and shall promptly report the results of such

enforcement procedure to the requesting state;

b. May transmit requests, by electronic or other means, to other states for

assistance in cases involving enforcement of child support orders which include

information provided and intended to enable the receiving state to compare

information about the case to information in the databases of the receiving state,

and which constitute a certification:

(1) Of the amount of arrearages, if any, under the child support order; and

(2) That procedural due process requirements applicable to the case have been

complied with;

c. In cases in which the state agency receives requests made by another state to

enforce a child support order, shall not consider that matter a child support case

transferred to this state, but may establish a corresponding case based on the

other state's request for assistance; and

d. Shall maintain records of:

(1) The number of requests for assistance made by other states;

(2) The number of cases in which this state collected support in response to

requests made by other states; and

(3) The amount of support collected.

2. For purposes of this section, the term "high-volume automated administrative

enforcement" means, in interstate cases, on request of another state, the identification,

by this state, through automated data matches with financial institutions and other

entities where assets may be found, of assets owned by persons who owe child

support in another state, and the seizure of such assets, by this state, through levy or

other appropriate processes.
N.D. Cent. Code § 50-09-17 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-17
50-09-17. Disbursements of aid to dependent children fund - How made - Payment of aid and expenses of state agency
Status: repealed

50-09-17. Disbursements of aid to dependent children fund - How made - Payment of

aid and expenses of state agency.

Repealed by S.L. 1997, ch. 403, § 13 and S.L. 1997, ch. 404, § 78.
N.D. Cent. Code § 50-06-37 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-37
50-06-37. Developmental disabilities system reimbursement project
Status: in_force

50-06-37. Developmental disabilities system reimbursement project

The department, in conjunction with developmental disabilities community providers, shall

maintain a prospective payment system based on a state-approved assessment.

1. The department shall maintain a steering committee consisting of no more than

eighteen representatives from all interested providers which must include no more

than two clients, no more than one family member of a client, a representative of the

department, and a representative of the North Dakota protection and advocacy project.

2. The department may contract with a consultant to continuously improve, in

collaboration with the steering committee, the payment system and the resource

allocation model tying funding to the state-approved assessment.

3. The department shall conduct the standardized assessment of eligible individuals

residing at the life skills and transition center.

4. Data must be analyzed by the steering committee, and the steering committee shall

recommend to the department any rate adjustments, resource allocation modifications,

or process assumptions, including the state-approved assessment.

5. The department and the steering committee shall report development activities and

status information to an interim legislative committee.
N.D. Cent. Code § 50-06-18 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-18
50-06-18. Developmental disabilities service providers
Status: repealed

50-06-18. Developmental disabilities service providers

Repealed by S.L. 2003, ch. 231, § 3.
N.D. Cent. Code § 50-25.1-05.4 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-05.4
50-25.1-05.4. Department to adopt rules for review of child protection assessment findings
Status: in_force

50-25.1-05.4. Department to adopt rules for review of child protection assessment

findings.

The department shall adopt rules to resolve complaints and conduct appeal hearings

requested by the subject of a report of suspected child abuse, neglect, or death resulting from

abuse or neglect who is aggrieved by the confirmed decision.
N.D. Cent. Code § 50-06-41.3 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-41.3
50-06-41.3. Behavioral health bed management system
Status: in_force

50-06-41.3. Behavioral health bed management system

1. The department shall establish and maintain a behavioral health bed management

system to improve utilization of behavioral health bed capacity.

2. Public and private providers of residential or inpatient behavioral health services,

except the department of corrections and rehabilitation and geropsychiatric facilities,

shall participate in and report daily.

3. Geropsychiatric facilities shall participate in and report weekly and within forty-eight

hours of a bed becoming available.

4. Public and private providers of residential or inpatient behavioral health services

required to participate in and report to the department shall provide the information

and documentation necessary to maintain the behavioral health bed management

system in the form and manner prescribed by the department, unless otherwise

specified.
N.D. Cent. Code § 50-24.7-05 — ND Code / Title 50 / Chapter 50-24.7 / Section 50-24.7-05
50-24.7-05. Department has preferred claim against estate
Status: in_force

50-24.7-05. Department has preferred claim against estate

Funds used to provide services to an eligible beneficiary may not be considered as gifts.

The department has a preferred claim against the estate of any person for recovery of funds

expended under this chapter for that person or that person's spouse or minor children. No

statute of limitations or similar statute nor the doctrine of laches bars a claim under this chapter.
N.D. Cent. Code § 50-25.1-06.1 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-06.1
50-25.1-06.1. Caseload standards - Reimbursement
Status: repealed

50-25.1-06.1. Caseload standards - Reimbursement

Repealed by S.L. 2019, ch 391, § 139.
N.D. Cent. Code § 50-24.3-03.1 — ND Code / Title 50 / Chapter 50-24.3 / Section 50-24.3-03.1
50-24.3-03.1. Assessment services - Powers and duties
Status: in_force

50-24.3-03.1. Assessment services - 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 assessment services approved by the department:

1. To seek cooperation from other public and private agencies in the community which

offer services to disabled and elderly persons.

2. To provide information and education to the general public regarding availability of the

assessment program.

3. To accept referrals from individuals, families, human services program professionals,

nursing facility personnel, and acute care facility personnel.

4. To assess the health and social needs of referred individuals.

5. To identify available noninstitutional services to meet the needs of referred individuals.

6. To prepare recommendations for individuals receiving assessment program services

as to the need for skilled nursing care or other care available in the community.

7. To inform referred individuals of the extent to which home and community-based

services are available and of their opportunity to choose, in consultation with an

attending physician and family member, among the appropriate alternatives that may

be available.
N.D. Cent. Code § 50-25.2-07 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-07
50-25.2-07. Refusal or inability to accept adult protective services - Department alternatives
Status: in_force

50-25.2-07. Refusal or inability to accept adult protective services - Department

alternatives.

If a vulnerable adult who is subject to abuse or neglect is unable to consent and accept, or

the caregiver refuses, adult protective services determined by the department or the

department's designee to be necessary under this chapter, the department or the department's

designee may pursue any administrative, legal, and other remedies authorized by law which are

necessary and appropriate under the circumstances to protect the vulnerable adult and prevent

further abuse or neglect. The state's attorney of the county in which the vulnerable adult resides

or is located shall assist the department or the department's designee, upon request, in

pursuing an appropriate remedy. Available remedies include seeking:

1. The appointment of a guardian under chapter 30.1-28 or a conservator under chapter

30.1-29;

2. A restraining order or other court order necessary under the circumstances;

3. The removal of an abusive or neglectful guardian or conservator and appointment of a

suitable person as guardian or conservator, pursuant to sections 30.1-28-07 and

30.1-29-15;

4. The provision of appropriate treatment under chapter 25-03.1;

5. The criminal prosecution of the individual responsible for the abuse or neglect; and

6. Any other available administrative, legal, or other remedies on behalf of the vulnerable

adult.
N.D. Cent. Code § 50-11-03.1 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-03.1
50-11-03.1. Reduction of number of children in foster care - Goals
Status: in_force

50-11-03.1. Reduction of number of children in foster care - Goals

On or before October 1, 1982, and annually thereafter, the department of health and human

services shall attempt to reduce the number of children receiving assistance under title IV-E of

the Social Security Act, who have been in foster care for more than twenty-four months, by the

following amounts:

1. For the year beginning October 1, 1982, one percent of the number of children, in

foster care for more than twenty-four months, and receiving benefits under title IV-A of

the Social Security Act from July 1, 1979, through June 30, 1980;

2. For the years beginning October 1, 1983, and ending September 30, 1990, one

percent of the maximum number permitted in the previous year; and

3. For all subsequent years, one-half percent of the maximum number permitted in the

previous year.
N.D. Cent. Code § 50-01-24 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-24
50-01-24. Penalty for bringing pauper into the county
Status: repealed

50-01-24. Penalty for bringing pauper into the county

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 50-06-25 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-25
50-06-25. Biennial report on programs and services
Status: in_force

50-06-25. Biennial report on programs and services

Expired under S.L. 2005, ch. 411, § 3.
N.D. Cent. Code § 50-06-34 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-34
50-06-34. Program for services to transition-aged youth at risk - Definition - Rules - Continuing appropriation
Status: in_force

50-06-34. Program for services to transition-aged youth at risk - Definition - Rules -

Continuing appropriation.

1. The department shall develop, within current appropriations, a program for services to

transition-aged youth at risk. The department shall use a wraparound planning

process. The department shall adopt rules to establish eligibility, services, and a

distinct statewide interagency advisory council on transition-aged youth at risk, with

youth and family representation, and with regional subcommittees. For the purposes of

this section, "transition-aged youth" means children and young adults at risk due to:

a. Deprivation or other activities resulting in youth being involved with the foster care

or juvenile justice system;

b. Serious mental illness or serious disabilities that do not qualify the youth for

developmental disabilities program management; or

c. Suicidal tendencies.

2. Services under the program must include:

a. Individualized assessments to determine the needs and appropriate services to

individual transition-aged youth at risk;

b. Single plan of care to coordinate services among available service systems,

emphasizing existing case management resources;

c. Independent living skills, including self-advocacy training;

d. Enhanced or extended vocational rehabilitation, including transition from

education to employment and from secondary education to higher education;

e. In-home support, including mentors, individual and family training, and access to

respite care; and

f. Development of a statewide independent living skills curriculum for youth and

families.

3. Services to an individual youth must be appropriate to that individual and need not

include all services of the program.

4. The department may accept and receive grants and other sources of funding for the

development of a program for services to transition-aged youth at risk. All moneys

received by the department as gifts, grants, or donations for the development of a

program for services to transition-aged youth at risk under this section are

appropriated on a continuing basis to the department.
N.D. Cent. Code § 50-06-41.2 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-41.2
50-06-41.2. Community behavioral health program
Status: in_force

50-06-41.2. Community behavioral health program

1. The department of health and human services shall establish and implement a

community behavioral health program to provide comprehensive community-based

services for individuals who have serious behavioral health conditions.

2. In developing the program, the department shall:

a. Establish a referral and evaluation process for access to the program.

b. Establish eligibility criteria that includes consideration of behavioral health

condition severity.

c. Establish discharge criteria and processes.

d. Develop program oversight and evaluation processes that include outcome and

provider reporting metrics.

e. Establish a system through which the department:

(1) Contracts with and pays behavioral health service providers.

(2) Supervises, supports, and monitors referral caseloads and the provision of

services by contract behavioral health service providers.

(3) Requires contract behavioral health service providers to accept eligible

referrals and to provide individualized care delivered through integrated

multidisciplinary care teams.

(4) Provides payments to contract behavioral health service providers on a

per-month per-referral basis based on a pay-for-performance model that

includes consideration of identified outcomes and the level of services

required.
N.D. Cent. Code § 50-01-19 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-19
50-01-19. Duty of relative to aid - Right of recovery by county
Status: repealed

50-01-19. Duty of relative to aid - Right of recovery by county

Repealed by S.L. 2019, ch. 129, § 2.
N.D. Cent. Code § 50-11.1-04.1 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-04.1
50-11.1-04.1. Operations of child care home - License
Status: repealed

50-11.1-04.1. Operations of child care home - License

Repealed by S.L. 1985, ch. 526, § 18.
N.D. Cent. Code § 50-01-14 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-14
50-01-14. Restrictions on aid furnished nonresidents
Status: repealed

50-01-14. Restrictions on aid furnished nonresidents

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-09-33 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-33
50-09-33. Continuing appropriation - Cooperative agreements for child support enforcement services
Status: in_force

50-09-33. Continuing appropriation - Cooperative agreements for child support

enforcement services.

All federal funds and other income generated by the state agency under a cooperative

agreement with an Indian tribe for child support enforcement services are appropriated on a

continuing basis for the sole purpose of hiring additional staff and payment of other expenses as

necessary to carry out the state agency's duties under the agreements.
N.D. Cent. Code § 50-25.1-05.2 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-05.2
50-25.1-05.2. Report to the court - Entry of report in the child abuse information index
Status: in_force

50-25.1-05.2. Report to the court - Entry of report in the child abuse information index

1. Upon confirmation that a child meets the definition of an abused or neglected child, the

department promptly shall make a written report of the decision to the juvenile court

having jurisdiction in the matter.

2. The department promptly shall file a report of a decision that a child meets the

definition of an abused or neglected child under this section in the child abuse

information index after the time to appeal the confirmed or confirmed with unknown

subject decision has expired.

3. The department may not file a report of a decision that a child meets the definition of

neglected child in the child abuse information index for a decision exclusively based on

educational neglect.
N.D. Cent. Code § 50-24.1-21 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-21
50-24.1-21. Department to submit plans and seek waivers
Status: repealed

50-24.1-21. Department to submit plans and seek waivers

Repealed by S.L. 2007, ch. 421, § 3.
N.D. Cent. Code § 50-11-04.4 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-04.4
50-11-04.4. Fiscal sanctions
Status: in_force

50-11-04.4. Fiscal sanctions

A facility, if issued a notice of noncompliance with a correction order, must be assessed

fiscal sanctions in accordance with a schedule of fiscal sanctions established by rule. The fiscal

sanction must be assessed for each day the facility remains out of compliance after the

allowable time for the correction of deficiencies ends and must continue until a notice of

correction is received by the department in accordance with section 50-11-04.6. No fiscal

sanction for a specific violation may exceed twenty-five dollars per day of noncompliance.
N.D. Cent. Code § 50-06.3-11 — ND Code / Title 50 / Chapter 50-06.3 / Section 50-06.3-11
50-06.3-11. Statute of limitations not bar to recovery
Status: in_force

50-06.3-11. Statute of limitations not bar to recovery

No statute of limitations or similar statute or the doctrine of laches shall bar the right of

recovery for fees and expenses under this chapter, but this section does not apply to claims that

may be otherwise barred by law prior to July 1, 1961. It is not necessary to bill currently any

person for those accounts determined to be inactive, or currently uncollectible, or for which it

has been determined as provided by law that there is no present ability to pay. Current billings

must be made for amounts chargeable by law or for which it has been determined the patient or

responsible relative presently has an ability to pay, but the manner of billing shall in no way

affect the total amount due.
N.D. Cent. Code § 50-06-31 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-31
50-06-31. Report to legislative council - Individuals committed to state hospital
Status: in_force

50-06-31. Report to legislative council - Individuals committed to state hospital

Before March first of each even-numbered year, the department shall report to the

legislative council on services provided by the department of corrections and rehabilitation

relating to individuals at the state hospital who have been committed to the care and custody of

the commissioner of the department or commissioner's designee.
N.D. Cent. Code § 50-09-11 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-11
50-09-11. Redetermination of awards
Status: repealed

50-09-11. Redetermination of awards

Repealed by S.L. 1987, ch. 571, § 9.
N.D. Cent. Code § 50-17-09 — ND Code / Title 50 / Chapter 50-17 / Section 50-17-09
50-17-09. Contract for work on private land - Mortgagee must object
Status: in_force

50-17-09. Contract for work on private land - Mortgagee must object

If a mortgagee or lienholder of lands which are covered by a contract executed under the

provisions of section 50-17-07 fails to object to such contract by serving a written notice of such

objection upon the conservation commission within four weeks after the recorder has mailed the

copy of the contract to the mortgagee or lienholder, the mortgagee or lienholder must be

deemed conclusively to have assented to such agreement.
N.D. Cent. Code § 50-24.3-02 — ND Code / Title 50 / Chapter 50-24.3 / Section 50-24.3-02
50-24.3-02. Assessment process - Professional involvement
Status: repealed

50-24.3-02. Assessment process - Professional involvement

Repealed by S.L. 2003, ch. 427, § 4.
N.D. Cent. Code § 50-24.4-12 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-12
50-24.4-12. Avoiding detrimental effect on quality of care
Status: in_force

50-24.4-12. Avoiding detrimental effect on quality of care

If the department learns that expenditures for direct resident care have been reduced in

amounts large enough to indicate a possible detrimental effect on the quality of care, the

licensing division shall be notified.
N.D. Cent. Code § 50-24.1-39 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-39
50-24.1-39. Behavioral health services - Licensed marriage and family therapists
Status: in_force

50-24.1-39. Behavioral health services - Licensed marriage and family therapists

Beginning January 1, 2016, the department shall allow licensed marriage and family

therapists to enroll and be eligible for payment for behavioral health services provided to

recipients of medical assistance, subject to limitations and exclusions the department

determines necessary.
N.D. Cent. Code § 50-01-21 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-21
50-01-21. County and department have preferred claim against estate of recipient of county general assistance or general assistance
Status: in_force

50-01-21. County and department have preferred claim against estate of recipient of

county general assistance or general assistance.

Funds used for subsistence, medical, hospital, or burial expenses of a recipient of county

general assistance or general assistance may not be considered as gifts, and the county and

department have a preferred claim against the estate of any person who has received county

general assistance or general assistance for funds expended for that person and that person's

legal dependents. The statute of limitations does not run on this type of claim.
N.D. Cent. Code § 50-24.4-19.2 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-19.2
50-24.4-19.2. Residents with extraordinary needs
Status: in_force

50-24.4-19.2. Residents with extraordinary needs

The department shall develop criteria identifying extraordinary medical needs so severe as

to make it difficult for affected persons to secure necessary care in nursing facilities. The

department shall consider those extraordinary medical needs that may be associated with

extensive pulmonary disease, specialized rehabilitation, and ventilator dependence.

Notwithstanding any other provision of this chapter, the department may determine rates for

nursing home residents with extraordinary medical needs. The department shall consider the

costs of alternative care or treatment in determining rates for nursing home residents with

extraordinary medical needs. A rate so determined by the department is effective for services

provided after:

1. The department has agreed that the criteria are met;

2. The facility has agreed to provide necessary services at that rate; and

3. For periods when the person is not eligible for medical assistance, the person or

anyone who may lawfully act on the person's behalf, has agreed to the rate.
N.D. Cent. Code § 50-09-02.1 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-02.1
50-09-02.1. State agency to submit plans - Administer programs under title IV-A and title IV-D - Establish data system - Provide capacity for electronic funds transfer
Status: in_force

50-09-02.1. State agency to submit plans - Administer programs under title IV-A and

title IV-D - Establish data system - Provide capacity for electronic funds transfer.

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

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

may take actions reasonably necessary to conform the administration of programs

under its supervision and direction to the requirements of title IV-A or title IV-D and the

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

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

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

2. The state agency shall establish a statewide automated data processing system

designed to conform to requirements imposed by or under title IV-D. The official

records of the state regarding all child support amounts owed, collected, and

distributed must be maintained in that system. Notwithstanding section 14-08.1-05,

any record of a child support obligation that is currently being enforced in another

jurisdiction and not by a child support agency, that is owed by an obligor who is

deceased, or that is owed to a deceased obligee for whom disbursement of any

collections could not occur under section 14-09-25, may be removed indefinitely from

the statewide automated data processing system until a request is received from a

party to the child support case to restore those records.

3. The statewide automated data processing system must provide capability for

electronic funds transfer for the purpose of income withholding and interstate

collections.
N.D. Cent. Code § 50-06-14.4 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-14.4
50-06-14.4. Alzheimer's and related dementia and twenty-four-hour care projects
Status: repealed

50-06-14.4. Alzheimer's and related dementia and twenty-four-hour care projects

Repealed by S.L. 1999, ch. 424, § 1.
N.D. Cent. Code § 50-09-08.1 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-08.1
50-09-08.1. Stepfather's liability for dependent child
Status: repealed

50-09-08.1. Stepfather's liability for dependent child

Repealed by S.L. 1971, ch. 153, § 2.
N.D. Cent. Code § 50-06-14.3 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-14.3
50-06-14.3. Department of human services to develop basic care facility ratesetting methodology
Status: repealed

50-06-14.3. Department of human services to develop basic care facility ratesetting

methodology.

Repealed by S.L. 1999, ch. 428, § 3.
N.D. Cent. Code § 50-01-12 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-12
50-01-12. Relief provided when residence uncertain
Status: repealed

50-01-12. Relief provided when residence uncertain

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-24.1-46 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-46
50-24.1-46. Dual special needs plan
Status: in_force

50-24.1-46. Dual special needs plan

By January 1, 2025, the department shall implement at least one dual special needs plan

for Medicare and Medicaid dual-eligible Medicaid recipients. The department shall establish

standards for care coordination services the dual special needs plan must provide to recipients.
N.D. Cent. Code § 50-01-07 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-07
50-01-07. County social service board - Members - Qualifications
Status: repealed

50-01-07. County social service board - Members - Qualifications

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-24.1-06 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-06
50-24.1-06. Remedial eye care - When provided
Status: repealed

50-24.1-06. Remedial eye care - When provided

Repealed by S.L. 2021, ch. 371, § 4.
N.D. Cent. Code § 50-06-22 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-22
50-06-22. Gambling disorder prevention and treatment fund - Continuing appropriation
Status: in_force

50-06-22. Gambling disorder prevention and treatment fund - Continuing

appropriation.

Funds deposited in the gambling disorder prevention and treatment fund under section

53-12.1-09 are appropriated to the department on a continuing basis for the purpose of

providing the services under section 50-06-21.
N.D. Cent. Code § 50-30-01 — ND Code / Title 50 / Chapter 50-30 / Section 50-30-01
50-30-01. Definitions
Status: in_force

50-30-01. Definitions

For purposes of this chapter:

1. "Basic care facility" has the meaning provided in section 23-09.3-01.

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

3. "Medical assistance" means a program established under title XIX of the Social

Security Act [42 U.S.C. 1396 et seq.] and chapter 50-24.1.

4. "Nursing facility" has the same meaning as provided in section 50-24.4-01 for the term

"nursing home".
N.D. Cent. Code § 50-17-08 — ND Code / Title 50 / Chapter 50-17 / Section 50-17-08
50-17-08. Notice - Mailing - Notation by recorder prima facie evidence
Status: in_force

50-17-08. Notice - Mailing - Notation by recorder prima facie evidence

At the time of the mailing of the notices of a contract executed under the provisions of

section 50-17-07, the recorder shall make a marginal notation giving the name and address of

each addressee to whom the same was sent and the date of mailing. Such notation must be

prima facie evidence in all courts that the copies were sent by registered or certified mail in

accordance with such notation.
N.D. Cent. Code § 50-06-06.7 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.7
50-06-06.7. Sale of surplus steam heat - Terms - Not to be construed as the distribution of heat
Status: in_force

50-06-06.7. Sale of surplus steam heat - Terms - Not to be construed as the

distribution of heat.

The department, with the approval of the governor, is authorized but not required to

determine if surplus steam heat is or may be produced at the life skills and transition center, and

to sell any surplus steam heat to the city of Grafton. The sale may be on such terms and

conditions as may be deemed necessary by the department, provided that no sale may be

made for less than the cost of producing the surplus steam heat. A sale of steam heat, if made

by the department to the city of Grafton, may not be construed as the distribution of heat under
N.D. Cent. Code § 50-24.1-48 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-48
50-24.1-48. Reimbursement of psychiatric residential treatment facilities
Status: in_force

50-24.1-48. Reimbursement of psychiatric residential treatment facilities

The department shall amend the rules for medical assistance reimbursement of psychiatric

residential treatment facilities for direct care costs, including the applicable costs related to

clinical supervisors, medical directors, engagement of families in care, therapeutic leave days,

and an administrative costs cap. Reimbursements for therapeutic leave days may not exceed

five hundred dollars per day. The department shall implement utilization controls, including

service authorization for therapeutic leave days.
N.D. Cent. Code § 50-06.1-06 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-06
50-06.1-06. Rehabilitation services provided to any disabled individual - Eligibility
Status: in_force

50-06.1-06. Rehabilitation services provided to any disabled individual - Eligibility

Vocational rehabilitation services must be provided to any disabled individual:

1. Whose vocational rehabilitation the division executive director determines, after full

investigation, can be satisfactorily achieved; or

2. Who is eligible therefor under the terms of an agreement with another state or with the

federal government.
N.D. Cent. Code § 50-11.1-05 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-05
50-11.1-05. Operation of family day care home - Registration required - Issuance of registration certificate - Term
Status: repealed

50-11.1-05. Operation of family day care home - Registration required - Issuance of

registration certificate - Term.

Repealed by S.L. 1981, ch. 491, § 19.
N.D. Cent. Code § 50-31-03 — ND Code / Title 50 / Chapter 50-31 / Section 50-31-03
50-31-03. Application - Contents
Status: in_force

50-31-03. Application - Contents

A person, partnership, association, corporation, or limited liability company desiring a

license shall file with the department a verified application containing the name of the applicant,

the type of institution to be operated, the location, the name of the individual or individuals in

charge, and such other information as the department may require.
N.D. Cent. Code § 50-25.2-14 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-14
50-25.2-14. Implementation contingent upon appropriation
Status: in_force

50-25.2-14. Implementation contingent upon appropriation

The department and human service zones are not required to implement or enforce this

chapter with respect to any zone, region, area, or county of this state if the legislative assembly

does not provide an appropriation to support the implementation and enforcement of this

chapter within that zone, region, area, or county.
N.D. Cent. Code § 50-06.3-09 — ND Code / Title 50 / Chapter 50-06.3 / Section 50-06.3-09
50-06.3-09. Expenses chargeable against guardianship estate of patient - Restrictions
Status: in_force

50-06.3-09. Expenses chargeable against guardianship estate of patient -

Restrictions.

The expenses chargeable by the state for the care and treatment of any patient at the state

hospital must be charged against the guardianship estate of the patient, if the patient has an

estate, subject to the following restrictions:

1. No part of the estate may be taken if the patient has dependents within the United

States dependent upon the estate for support and the taking of all or a portion of the

estate would result in undue hardship to those dependents.

2. No real property belonging to the estate may be sold during the lifetime of the patient

except for the maintenance and support of the patient's dependents, unless it is shown

that the sale of the property will not result in undue hardship to those dependents, and

it may be sold only upon the order of the district court having jurisdiction of the estate,

with the consent of the department.

3. No personal property belonging to the estate may be sold within five years from the

date upon which the patient was sent to the institution unless the property is ordered

sold by the district court having jurisdiction of the estate for the reason that the

property is likely to deteriorate in value during the time herein specified.

If any real or personal property is sold pursuant to this section, the district court shall order the

proceeds of the sale to be invested safely for the benefit of the patient or to be used for the

support and maintenance of the patient's dependents or used to pay the costs of care and

treatment of the patient.
N.D. Cent. Code § 50-06.4-06 — ND Code / Title 50 / Chapter 50-06.4 / Section 50-06.4-06
50-06.4-06. Brain injury - Services and activities - Acceptance of moneys
Status: in_force

50-06.4-06. Brain injury - Services and activities - Acceptance of moneys

The department may accept and expend moneys from any public or private source,

including federal sources, for any purpose involving brain injuries or the provision of services to

individuals with brain injury and their families.
N.D. Cent. Code § 50-24.8-07 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-07
50-24.8-07. Costs and attorney's fees
Status: in_force

50-24.8-07. Costs and attorney's fees

If the state favorably settles or prevails in a civil action in which the state intervened or filed,

the state is entitled to be awarded reasonable expenses, consultant and expert witness fees,

costs, and attorney's fees. In an action in which outside counsel is engaged by the attorney

general, the costs and attorney's fees awarded to that counsel must equal the outside counsel's

charges reasonably incurred for costs and attorney's fees in prosecuting the action. The

expenses, fees, and costs must be awarded against the defendant. The state is not liable for

costs, attorney's fees, or other expenses incurred by a person in bringing or defending an action

under this chapter.
N.D. Cent. Code § 50-09-01 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-01
50-09-01. Definitions
Status: in_force

50-09-01. Definitions

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

1. "Account" means a demand deposit account, checking or negotiable withdrawal order

account, share account, share draft account, savings account, time deposit account,

securities account, money market mutual fund account, or any other account or

arrangement that reflects an owner's share or similar equity interest issued by an entity

that is registered as an investment company under the federal investment company

laws, to the extent the owner is permitted to redeem the share or interest by an order

for payment to a third party.

2. "Assistance" means money payments with respect to, or goods and services provided

for dependent children, including payments for the care of unmarried mothers or

fathers and their infants.

3. "Child support" has the meaning provided in section 14-09-09.10.

4. "Dependent child" means any needy child who is described in a state plan for aid and

services to needy families submitted pursuant to title IV-A.

5. "Financial institution" means:

a. A depository institution, as defined in section 3(c) of the Federal Deposit

Insurance Act [12 U.S.C. 1813(c)];

b. An institution-affiliated party, as defined in section 3(u) of the Federal Deposit

Insurance Act [12 U.S.C. 1813(u)];

c. Any federal credit union or state credit union, as defined in section 101 of the

Federal Credit Union Act [12 U.S.C. 1752], including an institution-affiliated party

of such a credit union, as defined in section 206(r) of the Federal Credit Union Act

[12 U.S.C. 1786(r)]; and

d. Any benefit association, insurance company, safe deposit company, securities

intermediary, money market mutual fund, or similar entity authorized to do

business in the state.

6. "Human service zone" means a county or consolidated group of counties

administering human services within a designated area in accordance with an

agreement or plan approved by the state agency.

7. "Obligor" has the meaning provided in section 14-09-09.10.

8. "Past-due support" has the meaning provided in section 14-09-09.10.

9. "Secretary" means the secretary of the United States department of health and human

services.

10. "Securities account" has the meaning provided in section 41-08-41.

11. "Securities intermediary" has the meaning provided in section 41-08-02, but does not

include a clearing corporation.

12. "State agency" means the department of health and human services.

13. "Title IV-A" means title IV-A of the Social Security Act, as adopted by title I of Pub. L.

104-193 [110 Stat. 2110 et seq.; 42 U.S.C. 601 et seq.].

14. "Title IV-B" means title IV-B of the Social Security Act [Pub. L. 90-248, title II,

sec. 240(c); 81 Stat. 911; 42 U.S.C. 620 et seq.], as amended.

15. "Title IV-D" means title IV-D of the Social Security Act [Pub. L. 93-647; 88 Stat. 2351;

42 U.S.C. 651 et seq.].

16. "Title IV-E" means title IV-E of the Social Security Act [Pub. L. 96-272, title I,

sec. 101(a)(1); 94 Stat. 501; 42 U.S.C. 670 et seq.], as amended.

17. "Work activity" means any activity permitted or required to be treated as work for

purposes of calculating a work participation rate.
N.D. Cent. Code § 50-24.8-10 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-10
50-24.8-10. Powers and duties of Medicaid fraud control unit
Status: in_force

50-24.8-10. Powers and duties of Medicaid fraud control unit

1. The Medicaid fraud control unit shall:

a. Investigate and prosecute under applicable criminal or civil laws fraud and patient

abuse or neglect by providers or any other person, including cases referred by

the department;

b. Review complaints of patient abuse, patient neglect, and misappropriation of

patient property and, if appropriate, investigate and initiate criminal or civil

proceedings or refer the complaint to another federal, state, or local agency for

action;

c. Refer to the department for collection and, if appropriate, imposition of

appropriate provider administrative actions involving provider overpayments and

abuse;

d. Communicate and cooperate with and, subject to applicable confidentiality laws,

provide information to other federal, state, and local agencies involved in the

investigation and prosecution of health care fraud, patient abuse, and other

improper activities related to the Medicaid program;

e. Transmit to other state and federal agencies, in accordance with law, reports of

convictions, copies of judgments and sentences imposed and other information

and documents for purposes of program exclusions or other sanctions or

penalties under Medicaid, Medicare, or other state or federal benefit or

assistance programs;

f. Recommend to state agencies appropriate or necessary adoption or revision of

laws, rules, policies, and procedures to prevent fraud, abuse, and other improper

activities under the Medicaid program and to aid in the investigation and

prosecution of fraud, abuse, and other improper activities under the Medicaid

program; and

g. Enter an agreement with the Medicaid agency regarding referrals, information

sharing, and improper payment recoveries as provided in title 42, Code of

Federal Regulations, part 455, section 23.

2. The Medicaid fraud control unit may:

a. Initiate criminal prosecutions and civil actions pursuant to subsection 1 in any

court of competent jurisdiction in the state;

b. Upon request, obtain information and records from applicants, recipients, and

providers;

c. Subject to applicable federal confidentiality laws and rules and for purposes

related to any investigation or prosecution under subsection 1, obtain from the

department, local offices of public assistance, and other local, county, or state

government departments or agencies records and other information, including

applications, provider enrollment forms, claims and reports, individual or entity tax

returns, or other information provided to or in the possession of the tax

commissioner or the state auditor;

d. Refer appropriate cases to federal, other state, or local agencies for investigation,

prosecution, or imposition of penalties, restrictions, or sanctions;

e. Work cooperatively with federal agencies; and

f. Enter agreements with the department and other federal, state, and local

agencies in furtherance of the unit's mission.
N.D. Cent. Code § 50-09-06.2 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-06.2
50-09-06.2. State agency may compromise claims
Status: in_force

50-09-06.2. State agency may compromise claims

The state agency may compromise claims arising out of assignments made under sections

50-09-06 and 50-09-06.1, on such terms as it may deem just and appropriate. The state agency

may not be compelled to compromise any claim.
N.D. Cent. Code § 50-16-04 — ND Code / Title 50 / Chapter 50-16 / Section 50-16-04
50-16-04. Bringing council into existence - Organization
Status: in_force

50-16-04. Bringing council into existence - Organization

The initiating officer shall call the council into being on the petition of any organization, or of

five residents of the community, or on the initiating officer's own motion. The council shall

organize by the selection of a chairman and a secretary and by the adoption of such rules and

regulations for future meetings and activities as it may deem desirable for the purpose of

carrying out the objects of this chapter. Three members are sufficient to organize the council

and constitute a quorum.
N.D. Cent. Code § 50-06.1-02 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-02
50-06.1-02. Acceptance of benefits of federal acts in vocational rehabilitation - Cooperation with federal government
Status: in_force

50-06.1-02. Acceptance of benefits of federal acts in vocational rehabilitation -

Cooperation with federal government.

The state of North Dakota hereby accepts all of the provisions and benefits of the acts of

Congress of the United States to assist states to provide for the vocational rehabilitation of

disabled persons in accordance with state statutes and policies of the department, and the

department shall comply with such conditions as may be necessary to secure the full benefit of

such acts. The department shall cooperate pursuant to agreement with the federal government

in carrying out the purposes of any federal act pertaining to vocational rehabilitation and shall

adopt such methods of administration as may be found by the federal government to be

necessary for the proper and efficient operation of such agreement.
N.D. Cent. Code § 50-06.3-06 — ND Code / Title 50 / Chapter 50-06.3 / Section 50-06.3-06
50-06.3-06. Application for waiver of fees and expenses - Review procedure
Status: in_force

50-06.3-06. Application for waiver of fees and expenses - Review procedure

1. Any person liable for the expenses of care and treatment at the state hospital may

make application to the department to pay less than the expenses charged. The

application must be accompanied by proof of the applicant's inability to pay. Any

person who seeks relief from the payment of expenses for services provided by the

state hospital shall do so with the understanding that the department may verify any

statement made in such application by a request for information from financial

institutions, including commercial banks. Notwithstanding the provisions of section

57-38-57, this verification may include a review of the applicant's state income tax

return or any other document or report submitted to or held by any office or

department of the state of North Dakota, or any of its political subdivisions.

2. Upon receipt of an application made pursuant to subsection 1, the department shall

direct the county social service board of the applicant's county of residence to

determine the applicant's ability to pay all, a portion, or none of the expenses charged.

The department shall approve, reject, or amend the determination made by the county

social service board. The determination made by the department may be appealed to

the district court of the applicant's county of residence.
N.D. Cent. Code § 50-24.1-10 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-10
50-24.1-10. Joint Medicaid payment account - Educationally related services
Status: repealed

50-24.1-10. Joint Medicaid payment account - Educationally related services

Repealed by S.L. 2019, ch. 408, § 39.
N.D. Cent. Code § 50-35-01 — ND Code / Title 50 / Chapter 50-35 / Section 50-35-01
50-35-01. Definitions
Status: in_force

50-35-01. Definitions

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

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

2. "Director" means the commissioner of the department or the commissioner's designee.

3. "Direct costs" means costs that are charged directly to the human service zone human

services fund. Direct costs are costs related directly to human service zone team

members or human service zone services, including compensation, fringe benefits,

and operating costs that are approved by the department and not identified by the

department as an indirect cost.

4. "Economic assistance" means those primary economic assistance programs that need

to be accessible to all citizens of the state through a human service zone, including:

a. Temporary assistance for needy families;

b. Employment and training programs;

c. Child care assistance programs;

d. Medical assistance, including early periodic screening, diagnosis, and treatment;

e. Supplemental nutrition assistance programs, including employment and training

programs;

f. Refugee assistance programs;

g. Basic care services;

h. Energy assistance programs; and

i. Information and referral.

5. "Human service zone" means a county or consolidated group of counties

administering human services within a designated area in accordance with an

agreement or plan approved by the department.

6. "Human service zone director" means a human service zone team member who

oversees the human service zone's operation and budget and serves as presiding

officer of the human service zone board.

7. "Human services" means:

a. A service or assistance provided to an individual or an individual's family in need

of services or assistance, including child welfare services, economic assistance

programs, medical service programs, and aging service programs, to assist the

individual or the individual's family in achieving and maintaining basic

self-sufficiency, including physical health, mental health, education, welfare, food

and nutrition, and housing.

b. A service or assistance provided, administered, or supervised by the department

in accordance with chapter 50-06.

c. Licensing duties as administered or supervised by the department or delegated

by the department to a human service zone.

8. "Indirect costs" means salaries, benefits, and operating costs incurred in providing

those goods and services to support human services that are generally available for

the common benefit of multiple county agencies which are not identified by the

department as a direct cost. Indirect costs include legal representation; facilities and

related costs, such as utilities and maintenance; remodeling, construction, and

improvement costs; administrative support, including payroll, accounting, banking, and

coordination; information technology support and equipment; and miscellaneous

goods and services, such as transportation, supplies, insurance coverage, phone, and

mail services. Indirect costs may not include non-space and non-facility costs and

expenses that are exclusively attributable to the human service zones.
N.D. Cent. Code § 50-06-01.3 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-01.3
50-06-01.3. Appointment of commissioner - Compensation - Deputy
Status: in_force

50-06-01.3. Appointment of commissioner - Compensation - Deputy

1. The governor shall appoint the commissioner of the department who shall serve at the

pleasure of the governor. The commissioner shall take the oath of office required of

civil officers by section 44-01-05. The commissioner is entitled to receive

compensation in the amount established by the governor within the limits of legislative

appropriations.

2. The commissioner of the department may appoint a deputy commissioner.

3. The commissioner of the department may delegate any of the commissioner's

authority as the commissioner determines necessary.
N.D. Cent. Code § 50-22-02.2 — ND Code / Title 50 / Chapter 50-22 / Section 50-22-02.2
50-22-02.2. Registrant name registration or certificate of authority required
Status: in_force

50-22-02.2. Registrant name registration or certificate of authority required

The secretary of state may not issue or renew a registration provided for in this chapter if

the name of the registrant is an entity whose name is not in some manner registered with the

secretary of state as a corporation, limited liability company, trade name, fictitious name of a

partnership, limited partnership, or limited liability partnership. For a registrant that is a foreign

entity, a registration under this chapter means the same as a license or permit under section

10-19.1-134, 10-32.1-74, 10-33-127, or 45-22-19, or other substantially equivalent statute for

the purpose of procuring a certificate of authority or similar authorization to act in this state.
N.D. Cent. Code § 50-11.1-11 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-11
50-11.1-11. Public agency purchase of early childhood services
Status: in_force

50-11.1-11. Public agency purchase of early childhood services

No agency of state or local government may purchase early childhood services, including

care provided by or in the home of a relative, unless the early childhood program is licensed,

registered, or approved by the department.
N.D. Cent. Code § 50-06.4-05 — ND Code / Title 50 / Chapter 50-06.4 / Section 50-06.4-05
50-06.4-05. Brain injury - Prevention and identification activities
Status: in_force

50-06.4-05. Brain injury - Prevention and identification activities

The department shall provide outreach services and conduct public awareness efforts

regarding the prevention and identification of brain injury.
N.D. Cent. Code § 50-24.4-04 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-04
50-24.4-04. Payment rates
Status: in_force

50-24.4-04. Payment rates

Payment rates paid to any nursing home receiving medical assistance payments must be

those rates established pursuant to this chapter and rules adopted under it.
N.D. Cent. Code § 50-24.5-07 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-07
50-24.5-07. Residency
Status: in_force

50-24.5-07. Residency

For purposes of this chapter:

1. A person is a resident of this state if:

a. The person is not living in an institution and is living in this state:

(1) With intent to remain in this state permanently or for an indefinite period; or

(2) Without intent if the person is incapable of stating intent.

b. The person is living in an institution outside this state and was receiving a benefit

under chapter 50-01 on January 1, 1995.

c. The person was placed in an out-of-state institution by a human service zone or

the department while the person was incapable of indicating intent.

d. The person is living in an in-state institution, has lived in that institution for at least

thirty days, and was not placed in that institution by another state. A person

placed in an institution by another state is a resident of the state making the

placement. Any action beyond providing information to the person and the

person's family constitutes arranging or making a state placement. However, the

following actions do not constitute state placement:

(1) Providing basic information about this chapter and information about the

availability of this chapter; or

(2) Assisting a person in locating an institution in this state, if the person is

capable of indicating intent and independently decides to move.

2. A person who is a resident of this state is a resident of the human service zone in

which the person is a resident for purposes of chapter 50-01.
N.D. Cent. Code § 50-25.2-04 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-04
50-25.2-04. Referral of complaints concerning long-term care facilities
Status: in_force

50-25.2-04. Referral of complaints concerning long-term care facilities

Any report received by the department or the department's designee under section

50-25.2-03 complaining of any administrative action, as defined in section 50-10.1-01, that may

adversely affect or may have adversely affected the health, safety, welfare, or personal or civil

rights of a resident in a long-term care facility, as defined in section 50-10.1-01, or an individual

who was discharged from a long-term care facility within one month of the complaint, must be

referred to the state long-term care ombudsman.
N.D. Cent. Code § 50-24.4-22 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-22
50-24.4-22. Exception
Status: in_force

50-24.4-22. Exception

In the event that the state is determined by the federal government to be no longer eligible

for the federal share of medical assistance payments made to a nursing home under this

chapter, the department may cease medical assistance payments to that nursing home.
N.D. Cent. Code § 50-12-07 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-07
50-12-07. Duties of licensee
Status: in_force

50-12-07. Duties of licensee

Every licensee shall:

1. Keep a full record and social history of each child received for placement and a similar

record and history of the licensee's family.

2. Report to the department of health and human services:

a. The name and address of each child to be placed in a foster or an adoptive

home;

b. The name and address of the proposed foster or adoptive parents; and

c. Any other facts and information as requested by the department.

3. Visit the proposed foster or adoptive home at frequent intervals and make all

necessary inquiries and investigations as may be necessary to determine whether the

child will become properly adjusted in the home.

4. Continue to visit and supervise each placement as often as may be required by the

department and report in writing to the department the conditions as ascertained by a

visit.
N.D. Cent. Code § 50-24.6-06 — ND Code / Title 50 / Chapter 50-24.6 / Section 50-24.6-06
50-24.6-06. Grievances
Status: in_force

50-24.6-06. Grievances

Expired under S.L. 2003, ch. 430, § 12.
N.D. Cent. Code § 50-11.1-02.2 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-02.2
50-11.1-02.2. Smoking prohibited on premises where early childhood services are provided
Status: in_force

50-11.1-02.2. Smoking prohibited on premises where early childhood services are

provided.

As provided by section 23-12-10, smoking is not permitted on the premises where early

childhood services are provided. For purposes of sections 23-12-09 and 23-12-10, a person

providing early childhood services as a registrant or pursuant to a self-declaration is considered

a child care facility subject to licensure by the department.
N.D. Cent. Code § 50-06.5-09 — ND Code / Title 50 / Chapter 50-06.5 / Section 50-06.5-09
50-06.5-09. Duties of the designated state entity
Status: in_force

50-06.5-09. Duties of the designated state entity

The designated state entity:

1. Must be responsible for the establishment and maintenance of a council that meets

the requirements of section 796d of the federal Rehabilitation Act of 1973, as amended

[Pub. L. 93-112; 29 U.S.C. 701 et seq.].

2. Shall receive, account for, and disburse funds received, including title 29, United

States Code, subchapter VII, part B funding; state matching funds; and other state

funds allocated for centers for independent living and maintenance of the council as

set forth in the state plan for independent living.

3. Shall ensure the council receives necessary and sufficient resources needed to fulfill

the council's statutory duties and authorities under section 796d of the federal

Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.],

consistent with the state plan for independent living and in a manner consistent with

state and federal regulations.

4. Shall comply with all applicable federal and state laws and regulations.

5. Shall sign the state plan for independent living signifying agreement to execute the

responsibilities of the designated state entity identified in section 796c of the federal

Rehabilitation Act of 1973, as amended [Pub. L. 93-112; 29 U.S.C. 701 et seq.].

6. Shall assist the council in the development of the plan for the provision of resources,

including personnel necessary to carry out the functions of the council.
N.D. Cent. Code § 50-06-06 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06
50-06-06. Powers and duties of the board
Status: repealed

50-06-06. Powers and duties of the board

Repealed by S.L. 1971, ch. 466, § 8.
N.D. Cent. Code § 50-24.4-29 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-29
50-24.4-29. Geropsychiatric facilities
Status: in_force

50-24.4-29. Geropsychiatric facilities

The department may select skilled nursing facilities within the state to operate a unit that

provides geropsychiatric services. Admission to one of the skilled nursing facilities that provides

geropsychiatric services may be granted only after an individual practicing within the scope of

their practice determines the individual meets the criteria for skilled nursing, and needs

psychiatric behavioral health services. Admissions from the state hospital will be given first

priority for admission to the units. If at any time the department determines that the number of

approved units that provide geropsychiatric services in the state is insufficient to meet the

needs, the department may select additional units based on the experience, qualification, and

capacity of the skilled nursing facilities that propose to provide geropsychiatric services.
N.D. Cent. Code § 50-09-13 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-13
50-09-13. Disclosure of information contained in records - Penalty
Status: repealed

50-09-13. Disclosure of information contained in records - Penalty

Repealed by S.L. 1977, ch. 451, § 2.
N.D. Cent. Code § 50-24.5-08 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-08
50-24.5-08. Department has preferred claim against estate
Status: in_force

50-24.5-08. Department has preferred claim against estate

Funds used to provide services to an eligible beneficiary may not be considered as gifts.

The department has a preferred claim against the estate of any person for recovery of funds

expended under this chapter for that person or that person's spouse or minor children. No

statute of limitations or similar statute nor the doctrine of laches bars a claim under this chapter.
N.D. Cent. Code § 50-24.1-03.1 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-03.1
50-24.1-03.1. Duties of human service zone and department
Status: in_force

50-24.1-03.1. Duties of human service zone and department

In the administration of the medical assistance program, the department or a human service

zone shall investigate and record the circumstances of each applicant or recipient of assistance,

in order to ascertain the facts supporting the application, or the granting of assistance, and

obtain such other information as directed by the department or as may be required by the rules

and regulations of the department.
N.D. Cent. Code § 50-01-18 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-18
50-01-18. Refusal of poor person to work
Status: repealed

50-01-18. Refusal of poor person to work

Repealed by S.L. 1981, ch. 485, § 6.
N.D. Cent. Code § 50-01-17.3 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-17.3
50-01-17.3. Community work experience program requirements
Status: in_force

50-01-17.3. Community work experience program requirements

Any community work experience program established pursuant to this chapter must

provide:

1. That appropriate health, safety, and work conditions exist.

2. That the program does not result in displacement of persons currently employed.

3. That the program does not apply to jobs covered by a collective bargaining agreement.

4. That recipients will not be required to travel an unreasonable distance from their

homes or to remain away from their homes overnight.

5. That the human service zone shall provide for transportation and all other costs

reasonably necessary for and directly related to a recipient's participation in the

program.
N.D. Cent. Code § 50-01.1-08 — ND Code / Title 50 / Chapter 50-01.1 / Section 50-01.1-08
50-01.1-08. Standards of administration - Action upon failure to administer
Status: in_force

50-01.1-08. Standards of administration - Action upon failure to administer

1. The department shall adopt standards for administration for human services and shall

provide training for the implementation of those standards. Each human service zone

shall provide for administration of human services that meet those standards.

2. The department shall develop a system of progressive discipline to address

performance issues within the human service zone, including a grievance process.

The system shall reserve the most serious actions for severe or chronic failure to meet

the standards adopted under subsection 1.

3. The department shall provide ongoing performance notifications to the human service

zone board and human service zone director related to the overall compliance with the

standards of administration.

4. If a human service zone fails to provide for administration of human services that meet

the standards adopted under subsection 1, the department may take any of the

following actions:

a. Provide training to the persons responsible for administration.

b. Require the human service zone to prepare and implement a corrective action

plan.

c. Rescind, terminate, or modify a human service zone, agreement, or plan which

may include requiring the reconstituting of the human service zone board or

rehiring of a human service zone director as part of a new or modified agreement

or plan.

d. Recalculate and adjust the human service zone's payments.

e. Recommend disciplinary action to the human service zone director or the human

service zone board.
N.D. Cent. Code § 50-11.1-16 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-16
50-11.1-16. Self-declaration - Approved application required - Fees
Status: in_force

50-11.1-16. Self-declaration - Approved application required - Fees

1. a. An application for self-declaration is voluntary. If an individual applies for

self-declaration from the department, the department shall determine whether the

standards for self-declaration have been met and shall approve or deny a

self-declaration based upon that determination.

b. An applicant for self-declaration shall pay a nonrefundable fee of fifteen dollars at

the time the application is filed.

c. An applicant for self-declaration, who currently holds a license or self-declaration,

shall submit the nonrefundable fees 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 expiration of the applicant's current license or

self-declaration, the applicant shall submit with the application two times the

regular nonrefundable fees.

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

to defray the cost of investigating, inspecting, and evaluating applications for

self-declarations or to provide training to providers.
N.D. Cent. Code § 50-06-09 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-09
50-06-09. Executive director - Qualifications - Term of office
Status: repealed

50-06-09. Executive director - Qualifications - Term of office

Repealed by S.L. 1981, ch. 486, § 37.
N.D. Cent. Code § 50-10.3-03 — ND Code / Title 50 / Chapter 50-10.3 / Section 50-10.3-03
50-10.3-03. Access to long-term care facilities for essential caregivers
Status: in_force

50-10.3-03. Access to long-term care facilities for essential caregivers

1. The department, working jointly with the state long-term care ombudsman, residents

and tenants, families of residents and tenants, and long-term care facility

representatives, shall establish basic protocols to allow a resident of a long-term care

facility or the resident's designated decisionmaker designate one or more individuals

as the resident's essential caregivers, including during a declaration of disaster or

emergency.

a. If a declaration of disaster or emergency results in restricted access to a

long-term care facility, the department shall review and update the protocols

every thirty days during the period of restriction, including an assessment of the

need for continuation of the restriction.

b. An essential caregiver shall meet the necessary qualifications to enter the long-

term care facility to provide in-person physical, spiritual, or emotional support to a

resident of a long-term care facility in accordance with the protocols established

under this section.

2. The protocols must include:

a. Safety measures for an essential caregiver which may include restrictions on

travel, enhanced testing for communicable diseases, and the necessary safety

equipment required to protect the health and safety of the residents of the long-

term care facility; and

b. Procedures to replace an essential caregiver due to necessary circumstances,

including illness or death of the essential caregiver.
N.D. Cent. Code § 50-06.3-07 — ND Code / Title 50 / Chapter 50-06.3 / Section 50-06.3-07
50-06.3-07. Claims against the estate of recipients or patients
Status: in_force

50-06.3-07. Claims against the estate of recipients or patients

Claims for fees and expenses charged by the state under this chapter may be filed by the

department against the estate of a person liable for the fees and expenses at any time prior to

the final distribution of the estate with the same priority as claims of general creditors which are

filed against the estates of decedents. Any claim denied or rejected by a personal representative

must clearly state, in a written notice to the department, the reason for denial or rejection. Every

personal representative, upon the granting of letters of administration or testamentary, shall, at

the time that publication of notice to creditors is made, forward to the department a copy of the

petition or application commencing probate, heirship proceedings, or joint tenancy tax clearance

proceedings in the respective district court, together with a list of the names of the legatees,

devisees, surviving joint tenants, and heirs at law of the estate. If no notice is required by the

proceedings, the personal representative shall forward to the department a copy of the petition

or application commencing the proceedings, together with a list of the names of the legatees,

devisees, surviving joint tenants, and heirs at law of the estate. Unless a properly filed claim of

the department is paid in full, the personal representative shall provide to the department a

statement of assets and disbursements.
N.D. Cent. Code § 50-11.1-14 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-14
50-11.1-14. Workforce development
Status: in_force

50-11.1-14. Workforce development

1. The department may establish a statewide system to build systematic early childhood

workforce voluntary training which may include various learning formats, a

professional registry, certificates, and specializations.

2. The department may charge reasonable fees for all training and development courses

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

must be used to defray the cost of providing training and development courses to

providers and staff members of early childhood services.
N.D. Cent. Code § 50-06.2-09 — ND Code / Title 50 / Chapter 50-06.2 / Section 50-06.2-09
50-06.2-09. Medical assistance home and community-based services - Independent home and community-based services case manager - Pilot program
Status: in_force

50-06.2-09. Medical assistance home and community-based services - Independent

home and community-based services case manager - Pilot program.

Expired under S.L. 2013, ch. 135, § 2.
N.D. Cent. Code § 50-01-05 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-05
50-01-05. Reports to county social service board
Status: repealed

50-01-05. Reports to county social service board

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-06-06.13 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.13
50-06-06.13. Treatment services for children with serious emotional disorders
Status: in_force

50-06-06.13. Treatment services for children with serious emotional disorders

1. The department shall establish a program to provide out-of-home treatment services

for a Medicaid-eligible child with a serious emotional disorder. The department may not

require a parent or legal guardian to transfer legal custody of the child in order to have

the child placed in an out-of-home treatment program if the sole reason for the

placement is the need to obtain services for the child's emotional or behavioral

problems. With departmental approval, a parent with legal and physical custody or a

legal guardian of the child may obtain treatment services for the child through the

program. A parent without physical custody of a child, who disagrees with a child's

treatment under this section, may request a judicial determination regarding the child's

treatment.

2. The department may establish a program to prevent out-of-home placement for a

Medicaid-eligible child with a behavior health condition as defined in the "Diagnostic

and Statistical Manual of Mental Disorders", American psychiatric association, fifth

edition, text revision (2013).
N.D. Cent. Code § 50-01-01 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-01
50-01-01. Human service zone obligated to support poor - Eligibility for assistance
Status: in_force

50-01-01. Human service zone obligated to support poor - Eligibility for assistance

Within the limits of the human service zone appropriation, each human service zone in this

state is obligated, upon receipt of a written application, to provide general assistance to persons

who are residents of the human service zone and who are eligible. To be eligible for general

assistance, the applicant:

1. May not have made, before or after making an application for general assistance, an

assignment or transfer of property for the purpose of rendering the applicant eligible

for assistance.

2. Shall comply with the written eligibility standards for general assistance established by

the human service zone director or department of health and human services. A copy

of the written standards must be available upon request. Pursuant to this requirement,

the ownership of property by an applicant for general assistance, or by the spouse of

the applicant, either individually or jointly, or of insurance on the life of the applicant

does not preclude the granting of assistance if the applicant is without funds for the

applicant's support.
N.D. Cent. Code § 50-09-26 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-26
50-09-26. Transition to training, education, employment, and management program
Status: repealed

50-09-26. Transition to training, education, employment, and management program

Repealed by S.L. 2001, ch. 418, § 6.
N.D. Cent. Code § 50-11.1-25 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-25
50-11.1-25. North Dakota early childhood council - Membership - Terms
Status: repealed

50-11.1-25. North Dakota early childhood council - Membership - Terms

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 50-33-03 — ND Code / Title 50 / Chapter 50-33 / Section 50-33-03
50-33-03. Available benefits
Status: in_force

50-33-03. Available benefits

1. The department shall pay child care costs required as a result of participation in

allowable activities by the eligible caretaker in a temporary assistance for needy

families household or diversion assistance household. The department shall pay a

portion of child care costs required as a result of participation in allowable activities by

the caretaker based on family size and countable income by applying a sliding fee

schedule established under rules to be adopted by the department.

2. Subject to the availability of funding, the department may expand child care assistance

to include an eligible caretaker who is attending a postsecondary education program in

pursuit of a one-year, two-year, or four-year degree or certificate. If a child care

assistance unit includes two parents, child care assistance may be paid with respect to

any child only during times that both parents are engaged in an allowable activity.
N.D. Cent. Code § 50-36-01 — ND Code / Title 50 / Chapter 50-36 / Section 50-36-01
50-36-01. Definitions
Status: in_force

50-36-01. Definitions

As used in this chapter:

1. "Committee" means the opioid settlement advisory committee.

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

3. "Fund" means the opioid settlement fund.

4. "Opioid litigation" means statewide opioid settlement agreements, judgments, or other

recoveries in connection with a defendant's actual or alleged liability for contributing to

the opioid crisis in this state which must be used for purposes of remediating or

abating the opioid crisis in this state.
N.D. Cent. Code § 50-24.1-09 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-09
50-24.1-09. Reimbursement of long-term care facility - Limitation - Allowable costs
Status: repealed

50-24.1-09. Reimbursement of long-term care facility - Limitation - Allowable costs

Repealed by S.L. 1987, ch. 582, § 30.
N.D. Cent. Code § 50-32-01 — ND Code / Title 50 / Chapter 50-32 / Section 50-32-01
50-32-01. Definitions
Status: in_force

50-32-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Assisted living facility" means a building or structure containing a series of at least five

living units operated as one entity to provide services for five or more individuals who

are not related by blood, marriage, or guardianship to the owner or manager of the

entity and which is kept, used, maintained, advertised, or held out to the public as a

place that provides or coordinates individualized support services to accommodate the

individual's needs and abilities to maintain as much independence as possible. An

assisted living facility does not include a facility that is a congregate housing facility,

licensed as a basic care facility, or licensed under chapter 23-16, chapter 23-17.7,

chapter 25-16, or section 50-11-01.4.

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

3. "Entity" means an individual, institution, organization, limited liability company, or

corporation, whether or not organized for profit.

4. "Individualized support services" means services provided to individuals who may

require assistance with the activities of daily living of bathing, dressing, toileting,

transferring, eating, medication management, and personal hygiene.

5. "Living unit" means a portion of an assisted living facility that contains a sleeping area,

an entry door that can be locked, and a private bath with a toilet, bathtub or shower,

and sink and which is occupied as the living quarters of an individual who has entered

into a lease agreement with the assisted living facility.

6. "Related by blood or marriage to the owner or manager" means an individual who is a

spouse or former spouse of the owner or manager or is a parent, stepparent,

grandparent, stepgrandparent, child, stepchild, grandchild, stepgrandchild, brother,

sister, half-brother, half-sister, stepbrother, or stepsister of the owner or manager or the

owner's or manager's spouse or former spouse.
N.D. Cent. Code § 50-36-06 — ND Code / Title 50 / Chapter 50-36 / Section 50-36-06
50-36-06. Political subdivisions - Public health units
Status: in_force

50-36-06. Political subdivisions - Public health units

1. A political subdivision that recovers moneys as a result of opioid litigation may deposit

the moneys in the fund or may retain the moneys and transfer the moneys to the

public health unit that provides services to that political subdivision.

2. A political subdivision that recovers and retains moneys as a result of opioid litigation

shall collaborate with a public health unit on the use of the moneys for local programs

for remediating and abating the opioid crisis. The use of moneys under this subsection

must be in compliance with any court-ordered restrictions. The political subdivision and

public health unit shall work together to ensure all reporting requirements are met.

3. All political subdivisions shall provide an allocation plan to the behavioral health

division prior to expenditure.
N.D. Cent. Code § 50-09-05 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-05
50-09-05. Eligibility for assistance
Status: repealed

50-09-05. Eligibility for assistance

Repealed by S.L. 1975, ch. 447, § 5.
N.D. Cent. Code § 50-06-15.1 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-15.1
50-06-15.1. Exchange and transfer of patient records
Status: in_force

50-06-15.1. Exchange and transfer of patient records

The department shall implement a procedure for the exchange and transfer, among

treatment units within the department and treatment units of agencies under contract with the

department, of records relating to the examination, custody, care, and treatment of mental

health clients receiving services supported by public funds, subject to standards for

confidentiality. The department shall adopt, in accordance with chapter 28-32, rules necessary

to implement this section.
N.D. Cent. Code § 50-11-04.2 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-04.2
50-11-04.2. Correction order - Contents
Status: in_force

50-11-04.2. Correction order - Contents

Whenever the department determines that the facility is not in compliance with this chapter,

or the rules adopted thereunder, a notice of license, certification, or approval denial or

revocation or a correction order must be issued to the facility, except for approved family foster

home for children. A correction order must cite the statute or rule violated, state the factual basis

of the violation, specify the time allowed for correction, and specify the amount of any fiscal

sanction to be assessed if the correction order is not complied with in a timely fashion. A

correction order may also state a suggested method of correction or require the submission of a

corrective action plan by the facility. If a correction order requires the submission of a corrective

action plan, it must also specify a date by which the corrective action plan must be submitted.

The department shall, by rule, establish a schedule of allowable times for correction of

deficiencies.
N.D. Cent. Code § 50-11-01.1 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-01.1
50-11-01.1. Family day care home for children defined
Status: repealed

50-11-01.1. Family day care home for children defined

Repealed by S.L. 1975, ch. 444, § 17.
N.D. Cent. Code § 50-06.5-05 — ND Code / Title 50 / Chapter 50-06.5 / Section 50-06.5-05
50-06.5-05. State plan
Status: repealed

50-06.5-05. State plan

Repealed by S.L. 2019, ch. 401, § 9.
N.D. Cent. Code § 50-24.1-02.5 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-02.5
50-24.1-02.5. Effect of purchase of insurance on disqualifying transfer
Status: in_force

50-24.1-02.5. Effect of purchase of insurance on disqualifying transfer

1. An individual who secures and maintains insurance that covers the cost of

substantially all necessary medical care, including necessary care in a nursing home

and necessary care for an individual who qualifies for admission to a nursing home but

receives care elsewhere, for at least thirty-six months after the date an asset is

disposed of, may demonstrate that the asset was disposed of exclusively for a

purpose other than to qualify for medical assistance by providing proof of that

insurance.

2. If purchased after July 31, 2003, the insurance coverage under this section must

include home health care coverage, assisted living coverage, basic care coverage,

and skilled nursing facility coverage. The coverage required under this subsection

must include a daily benefit equal to at least one and fifty-seven hundredths times the

average daily cost of nursing care for the year in which the policy was issued and an

aggregate benefit equal to at least one thousand ninety-five times that daily benefit.

3. This section applies only to policies purchased before the effective date of an

approved amendment to the state plan for medical assistance that provides for a

qualified state long-term care insurance partnership under section 1917(b) of the

Social Security Act [42 U.S.C. 1396p].
N.D. Cent. Code § 50-11.1-13.1 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-13.1
50-11.1-13.1. Penalty for provision of services - When applicable
Status: in_force

50-11.1-13.1. Penalty for provision of services - When applicable

1. An individual who provides early childhood services to any child, other than a child

who is a member of that individual's household, is guilty of a class B misdemeanor if:

a. Those services are provided after that individual is required to register as a

sexual offender;

b. The department has denied that individual's application for licensure, or

self-declaration, or registration to provide early childhood services or has revoked

that individual's license, self-declaration, or registration document to provide early

childhood services following a finding that services are required under chapter

50-25.1 and that finding has become final or has not been contested by that

individual;

c. The individual allows another individual to be in the presence of the child

receiving early childhood services if that other individual is required to register as

a sexual offender or has had an application for licensure, self-declaration, or

registration to provide early childhood services denied or revoked by the

department following a finding that services are required under chapter 50-25.1

and that finding has become final or has not been contested by that other

individual; or

d. The individual has been found guilty of, pled guilty to, or pled no contest to:

(1) An offense described under chapter 12.1-16, 12.1-18, 12.1-27.2, or 12.1-41;

section 12.1-17-01, 12.1-17-01.1, 12.1-17-02, 12.1-17-03, 12.1-17-04,

12.1-17-06, 12.1-17-07.1, 12.1-17-12, 12.1-20-03, 12.1-20-03.1, 12.1-20-04,

12.1-20-05, 12.1-20-05.1, 12.1-20-06, 12.1-20-07, 12.1-21-01, 12.1-22-01,

12.1-29-01, 12.1-29-02, 12.1-31-05, or 14-09-22; or subdivision b of

subsection 2 of section 12.1-22-02.

(2) An offense under the laws of another jurisdiction which requires proof of

substantially similar elements as the elements required for conviction under

any offense identified in paragraph 1.

2. An individual is not guilty of a class B misdemeanor under paragraphs b and c of

subsection 1 if the department has made a determination that the individual is able to

provide care that is free of abuse and neglect, in spite of a finding that services are

required under chapter 50-25.1, which has become final or has not been contested.

3. An individual is not guilty of a class B misdemeanor under subdivision d of

subsection 1 in the case of a misdemeanor offense described under sections

12.1-17-01, 12.1-17-03, 12.1-17-06, or 12.1-17-07.1, or an equivalent offense in

another jurisdiction which requires proof of substantially similar elements as required

for conviction for offenses under sections 12.1-17-01, 12.1-17-03, 12.1-17-06, or

12.1-17-07.1, if five years have elapsed after final discharge or release from any term

of probation, parole, or other form of community corrections or imprisonment, without

subsequent conviction.
N.D. Cent. Code § 50-24.1-02.4 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-02.4
50-24.1-02.4. Exempt income and resources
Status: in_force

50-24.1-02.4. Exempt income and resources

The department may not consider, as an available asset for purposes of determining

eligibility for benefits under this chapter, income and resources set aside by a blind or disabled

person as part of a plan to achieve self-support, if the plan has been approved by the social

security administration.
N.D. Cent. Code § 50-24.8-12 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-12
50-24.8-12. Investigative demands and administrative subpoenas - Failure to comply - Confidentiality
Status: in_force

50-24.8-12. Investigative demands and administrative subpoenas - Failure to comply -

Confidentiality.

1. If the attorney general, or a designee, has reason to believe a person may be in

possession, custody, or control of documentary material or information relevant to an

investigation under this chapter, the attorney general, or a designee, may, before

commencing a proceeding under section 50-24.8-04 issue in writing and cause to be

served upon the person, an investigative demand or administrative subpoena requiring

the person to, under oath:

a. Produce the documentary material for inspection and copying, including exempt

and confidential records;

b. Answer in writing written interrogatories with respect to the documentary material

or information;

c. Give oral testimony concerning the subject matter of the investigation, including

any documentary material or information; or

d. Furnish any combination of the material, answers, or testimony.

2. If a person objects to or otherwise fails to comply with an investigative demand or

administrative subpoena served upon that person under subsection 1, the attorney

general may file in the district court a petition for an order to enforce the demand or

subpoena. If the court finds the demand or subpoena is proper, the court shall order

the person to comply with the demand or subpoena and may grant such injunctive or

other relief as may be required until the person complies with the demand or

subpoena. Notice of hearing on the petition and a copy of the petition must be served

upon the person that may appear in opposition to the petition. If the attorney general

prevails in an action brought under this subsection, the court shall award to the

attorney general reasonable attorney's fees, costs, and expenses incurred in bringing

the action.

3. Any testimony taken or material produced under this section must be kept confidential

by the attorney general before bringing an action against a person under this chapter

for the violation under investigation, unless:

a. Confidentiality is waived by the person being investigated and the person that

testified, answered interrogatories, or produced material;

b. Disclosure is authorized by the court;

c. Disclosure is made to other law enforcement agencies; or

d. Disclosure is made to non-law enforcement investigative partners with which the

attorney general deems necessary to collaborate to complete the investigation.

4. Disclosure pursuant to this section is not a violation of section 12.1-13-01.

5. An active investigation record of the Medicaid fraud control unit is an exempt record

unless the investigation is closed and not referred for further investigation or

adjudication.
N.D. Cent. Code § 50-29-02 — ND Code / Title 50 / Chapter 50-29 / Section 50-29-02
50-29-02. Duties of the department
Status: in_force

50-29-02. Duties of the department

1. The department shall:

a. Prepare, submit, and implement the plan that includes determinations of eligibility,

based on modified adjusted gross income methodologies as required in section

1396a(e)(14) of the United States Code;

b. Supervise the administration of the children's health insurance program;

c. Adopt rules and regulations as necessary to qualify for any federal funds

available under this chapter;

d. Report to the legislative management, as requested, regarding enrollment

statistics, program costs, and any operational updates; and

e. Administer funds appropriated or made available to the department for the

purpose of carrying out the provisions of this chapter.

2. Within the limits of legislative appropriation, the department may submit state plans

and may seek appropriate waivers of the requirements of the federal statutes or

regulations as authorized by federal law.
N.D. Cent. Code § 50-06.2-05.1 — ND Code / Title 50 / Chapter 50-06.2 / Section 50-06.2-05.1
50-06.2-05.1. County share of service payments to elderly and disabled
Status: repealed

50-06.2-05.1. County share of service payments to elderly and disabled

Repealed by S.L. 2015, ch. 329, § 11.
N.D. Cent. Code § 50-25.2-02 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-02
50-25.2-02. Adult protective services program - Rules
Status: in_force

50-25.2-02. Adult protective services program - Rules

The department shall develop, administer, and cause to be implemented a program of

protective services for vulnerable adults consistent with this chapter. In developing and

administering the program, the department, within the limits of legislative appropriation, shall

allocate and distribute funds for the purpose of providing adult protective services. All law

enforcement agencies, courts of competent jurisdiction, and appropriate state and local

agencies shall cooperate in the implementation and enforcement of this chapter. The

department may adopt rules in accordance with chapter 28-32 for the purpose of implementing

the provisions of this chapter.
N.D. Cent. Code § 50-25.1-04 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-04
50-25.1-04. Method of reporting
Status: in_force

50-25.1-04. Method of reporting

1. All persons mandated or permitted to report cases of known or suspected child abuse

or neglect immediately shall cause oral or written reports to be made to the

department or authorized agent. Oral reports must be followed by written reports within

forty-eight hours if so requested by the department or authorized agent. A requested

written report must include information specifically sought by the department or

authorized agent if the reporter possesses or has reasonable access to that

information. Reports involving known or suspected institutional child abuse or neglect

must be made and received in the same manner as all other reports made under this

chapter.

2. The chief administrator of an entity employing more than twenty-five individuals who

are required to report suspected child abuse or neglect under this chapter may

designate an agent within the entity to file reports of suspected child abuse or neglect

on behalf of the staff members and volunteers of the entity. Under no circumstances

may a designated agent to whom such report has been made impose conditions,

including prior approval or prior notification, upon a staff member or volunteer reporting

suspected child abuse or neglect under this chapter or exercise any control, restraint,

or modification, or make any changes to the information provided by the staff member

or volunteer. A report filed by the designated agent must include the first and last

name, title, and contact information for every staff member or volunteer of the entity

who is believed to have direct knowledge of the facts surrounding the report. A single

report from the designated agent under this subsection is adequate to meet the

reporting requirement on behalf of staff members and volunteers of the entity listed

with the required information.

3. If a staff member or volunteer makes a report of suspected child abuse and neglect to

a designated agent of an entity as authorized in subsection 2, and the designated

agent files a report on behalf of the staff member or volunteer, the staff member or

volunteer will be considered to be fully compliant with the reporting requirements in

this chapter. However, this section does not preclude the staff member or volunteer

from also reporting the suspected child abuse and neglect directly to the department or

authorized agent. A staff member or volunteer reporting suspected child abuse or

neglect under this subsection who has knowledge the designated agent has failed to

report on behalf of the staff member or volunteer immediately shall make a report

directly to the department or authorized agent.
N.D. Cent. Code § 50-06.3-05 — ND Code / Title 50 / Chapter 50-06.3 / Section 50-06.3-05
50-06.3-05. Handicapped patients - Limitation
Status: in_force

50-06.3-05. Handicapped patients - Limitation

Notwithstanding any other provision of this chapter, no handicapped patient under

twenty-one years of age or the estate or the parent of such patient may be charged for

educational or related services provided at the state hospital. However, the department has prior

claim on all benefits accruing to such patients for medical and medically related services under

entitlement from the federal government, medical or hospital insurance contracts, workforce

safety and insurance, or medical care and disability provisions of programs administered by the

department. For the purposes of this section, "related services" means transportation and such

developmental, corrective, and other supportive services, as determined by the department of

public instruction, as are required to assist a handicapped patient to benefit from special

education. The cost of related services, other than medical and medically related services, must

be paid by the state hospital, the school district of residence of the handicapped child, and other

appropriate state agencies and political subdivisions of this state. The department of public

instruction, the department, the school district of residence, and other appropriate state

agencies and political subdivisions, as determined by the department of public instruction, shall

determine and agree to that portion of related services, other than medical and medically related

services, for which each such agency and political subdivision shall be liable. The department of

public instruction may adopt rules necessary to implement this section.
N.D. Cent. Code § 50-22-04.2 — ND Code / Title 50 / Chapter 50-22 / Section 50-22-04.2
50-22-04.2. Contract or statement filing
Status: repealed

50-22-04.2. Contract or statement filing

Repealed by S.L. 2003, ch. 419, § 9.
N.D. Cent. Code § 50-06-41.4 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-41.4
50-06-41.4. Certified community behavioral health clinics - Rules
Status: in_force

50-06-41.4. Certified community behavioral health clinics - Rules

1. To operate in this state, a certified community behavioral health clinic must be certified

by the department.

2. The department shall adopt rules for the certification of community behavioral health

clinics, including assessment of need in the proposed location.

3. The department may deny a request to become or revoke a certified community

behavioral health clinic's certification based on failure to comply with the rules adopted

by the department or deny a request to become a certified community behavioral

health clinic based on the assessment of need determination.
N.D. Cent. Code § 50-24.3-05 — ND Code / Title 50 / Chapter 50-24.3 / Section 50-24.3-05
50-24.3-05. Facility's duties - Preadmission assessment - Alternative care
Status: repealed

50-24.3-05. Facility's duties - Preadmission assessment - Alternative care

Repealed by S.L. 1991, ch. 514, § 1.
N.D. Cent. Code § 50-01.2-01 — ND Code / Title 50 / Chapter 50-01.2 / Section 50-01.2-01
50-01.2-01. Human service zone board - Members - Qualifications
Status: in_force

50-01.2-01. Human service zone board - Members - Qualifications

The board of county commissioners of each county within the human service zone shall

appoint the appointed members of the human service zone board based upon fitness to serve

as members by reason of character, experience, and training without regard to political

affiliation. Appointed members of the human service zone board must consist of local elected

officials and other key community partners, including at least one member of the legislative

assembly. If a human service zone consists of two or more counties, each county must be

represented on the human service zone board by only one county commissioner of that county.

If a human service zone consists of a single county, the county must be represented on the

human service zone board by no more than two county commissioners of that county and the

human service zone board must have at least five appointed members. Appointed members

shall elect a vice presiding officer and appoint a secretary, and other officers as the human

service zone board determines necessary. The human service zone director shall serve as

presiding officer of the human service zone board as a nonappointed member.
N.D. Cent. Code § 50-11.1-02.3 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-02.3
50-11.1-02.3. Early childhood services staff - Training on infant safe sleep practices
Status: in_force

50-11.1-02.3. Early childhood services staff - Training on infant safe sleep practices

The department shall adopt rules to require a staff member of an early childhood service

provider who is responsible for the care or teaching of children under the age of one to annually

complete a department approved safe sleep training course.
N.D. Cent. Code § 50-12-08 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-08
50-12-08. Child must be placed in suitable home - Human service zone may remove child
Status: in_force

50-12-08. Child must be placed in suitable home - Human service zone may remove

child.

A child may not be placed in any foster or adoptive home until adequate investigation has

been made as to the suitability of the proposed foster or adoptive parents and their home

surroundings. When the human service zone is satisfied that a child has been placed in an

unsuitable home, the human service zone shall order the child-placing agency, in writing, to

remove the child and place the child in a home that meets the approval of the human service

zone. If within a reasonable period of time it appears that suitable arrangements have not been

made for the care of the child, the human service zone shall make immediate arrangements for

the care and support of the child. If the child has no legal settlement within the state, or in case

of a dispute as to the determination of the child's legal settlement or responsibility for the child's

support, the child must be brought before the juvenile court as a dependent child in the county

in which the child is found, as provided by law.
N.D. Cent. Code § 50-24.1-02.10 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-02.10
50-24.1-02.10. Real estate taxes on rental property as deduction from rental income
Status: in_force

50-24.1-02.10. Real estate taxes on rental property as deduction from rental income

For purposes of determining the treatment of income and the application of income to the

cost of care for medical assistance eligibility for an individual screened as requiring nursing care

services, and who is receiving home and community-based services or nursing care services,

the department shall allow as a deduction from countable gross rental income the real estate

taxes for rental property if the individual is responsible for paying the real estate taxes for that

property.
N.D. Cent. Code § 50-06.1-10 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-10
50-06.1-10. Hearings allowed to aggrieved persons
Status: in_force

50-06.1-10. Hearings allowed to aggrieved persons

Any individual applying for or receiving vocational rehabilitation who is aggrieved by any

action or inaction of the division is entitled, in accordance with regulations, to a fair hearing by

the department.
N.D. Cent. Code § 50-27-03 — ND Code / Title 50 / Chapter 50-27 / Section 50-27-03
50-27-03. Authority of the children and family services division of the department of health and human services
Status: in_force

50-27-03. Authority of the children and family services division of the department of

health and human services.

The children and family services division may:

1. Create such advisory committees as may be deemed necessary to assure public

involvement in the planning, development, and administration of the children's trust

fund.

2. Hire or arrange for appropriate staff, as deemed necessary, to administer and maintain

properly the children's trust fund.

3. Develop, implement, and periodically review a written plan to be used in administering

the funds expended from and retained in the children's trust fund. The written plan

must include the types of activities to be funded, the nature of organizations preferred

for funding, the criteria for eligible fund applicants, and the mechanisms for the

monitoring and evaluating of funded activities.

4. Award grants from the children's trust fund in accordance with this chapter and any

rules that have been adopted.
N.D. Cent. Code § 50-21-02.1 — ND Code / Title 50 / Chapter 50-21 / Section 50-21-02.1
50-21-02.1. Revolving fund deposited in state treasury - Expenditures
Status: in_force

50-21-02.1. Revolving fund deposited in state treasury - Expenditures

The revolving fund must be maintained in the state treasury. All expenditures therefrom

must be paid by warrant-check prepared by the office of management and budget upon

vouchers submitted by the president of the Bank of North Dakota as approved by the office of

the budget.
N.D. Cent. Code § 50-24.5-02.2 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-02.2
50-24.5-02.2. Basic care facility private room rates
Status: in_force

50-24.5-02.2. Basic care facility private room rates

The department shall allow a basic care facility to charge a higher rate for a private room

used by a recipient of benefits under this chapter if the private room is not necessary to meet

the resident's care needs; the resident, or a person acting on behalf of the resident, has

requested the private room and the facility informs the person making the request, at the time of

the request, of the amount of payment and that the payment must come from sources other

than a resident's monthly income; and the payment does not exceed the amount charged to

private pay residents.
N.D. Cent. Code § 50-25.1-08 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-08
50-25.1-08. Guardian ad litem
Status: in_force

50-25.1-08. Guardian ad litem

The court, in every case involving an abused or neglected child which results in a judicial

proceeding, shall appoint a guardian ad litem for the child in those proceedings.
N.D. Cent. Code § 50-21-05 — ND Code / Title 50 / Chapter 50-21 / Section 50-21-05
50-21-05. Powers of Bank of North Dakota
Status: in_force

50-21-05. Powers of Bank of North Dakota

The Bank of North Dakota is authorized to do all acts or things necessary to negotiate said

loans which specifically includes the power to take such security as prescribed herein and to

bring suit against any nonprofit corporation in order to collect interest and principal due the

revolving fund under contracts and notes executed to obtain loans under the provisions of this

chapter. In the event the applicant's plan for financing the construction or reconstruction of the

facilities provides for a loan of funds from sources other than the state of North Dakota, then the

state of North Dakota shall take a second mortgage upon the facilities constructed or

reconstructed from the proceeds of the loan.
N.D. Cent. Code § 50-09-08.4 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-08.4
50-09-08.4. Reporting arrearages to credit bureaus
Status: in_force

50-09-08.4. Reporting arrearages to credit bureaus

1. In acting as the official agency of the state in administering the child support program

under title IV-D, the state agency, directly or through agents and human service zones,

subject to subsection 2, may report periodically to consumer reporting agencies the

name of any obligor who owes past-due support and the amount of past-due support

owed by the obligor.

2. The state agency may report under subsection 1 only after such an obligor has been

provided notice and a reasonable opportunity to contest the accuracy of the statement

of the name and amount of overdue support owed by the obligor.

3. For purposes of this section, "consumer reporting agency" means an agency that has

furnished evidence, satisfactory to the state agency, that the agency is a consumer

reporting agency as defined in section 603(f) of the Fair Credit Reporting Act [15

U.S.C. 1681a(f)].
N.D. Cent. Code § 50-22-02 — ND Code / Title 50 / Chapter 50-22 / Section 50-22-02
50-22-02. Registration of charitable organization
Status: in_force

50-22-02. Registration of charitable organization

1. A charitable organization may not solicit contributions from persons in this state by any

means unless, prior to a solicitation, there is on file with the secretary of state upon

forms prescribed by the secretary of state a registration statement containing the

following information:

a. Legally established name.

b. Name or names under which it solicits contributions.

c. Form of organization.

d. Date and place of organization.

e. Business telephone number.

f. Street and mailing address of principal office in this state, if any.

g. Name and address of the person having custody of books and records within this

state.

h. Total compensation, including salaries, fees, bonuses, fringe benefits, severance

payments, and deferred compensation, paid to employees by the charitable

organization and all its affiliated organizations.

i. Federal and state tax-exempt status.

j. Denial at any time by any governmental agency or court of the right to solicit

contributions.

k. Date on which accounting year of the charitable organization ends.

l. General purposes for which organized.

m. General purposes for which contributions to be solicited will be used.

n. Methods by which solicitation will be made.

o. Board, group, or individual having final discretion or authority as to the distribution

and use of contributions received.

p. Amount of total contributions received during the accounting year last ended.

2. The registration statement filed by a charitable organization must include a registration

fee of twenty-five dollars and a financial statement of the organization's operation for

its most recent twelve-month period immediately preceding the filing of the first

registration statement. An initial registration filed by a charitable organization in July or

August following the close of the annual reporting period described in section 50-22-04

is valid until September first of the subsequent year. The registration continues unless

revoked by a court of competent jurisdiction, by the secretary of state, or as provided

in this chapter. If a charitable organization fails to file a registration statement or other

information required to be filed by the secretary of state under this chapter, or

otherwise violates this chapter, the secretary of state, upon notice by certified mail to

its last-known address, may deny or suspend the application for registration. An

adjudicative proceeding under this chapter must be conducted in accordance with

chapter 28-32 unless otherwise provided in this chapter. A notice required under this

chapter or chapter 28-32 may be made by certified mail. In the event of revocation, the

secretary of state shall retain the registration fee.

3. An officer of the charitable organization must execute the registration statement and

must certify that the registration statement has been executed pursuant to resolution of

the board of directors or trustees, or if there be no such board, then by its managing

group which has approved the content of the registration statement. The executing

officer also must certify that the board of directors or trustees, or if there be no such

board, its managing group, have assumed, and will continue to assume, responsibility

for determining matters of policy and have supervised, and will continue to supervise,

the finances of the charitable organization.

4. If a chapter, branch, area office, or similar affiliate of a charitable organization is

supervised and controlled by a parent organization located within or outside the state,

the affiliate may file a registration statement on behalf of the parent organization in

addition to or as part of its own registration statement or the parent organization may

file a registration statement on behalf of the affiliate in addition to or as part of its own

registration statement.
N.D. Cent. Code § 50-31-07 — ND Code / Title 50 / Chapter 50-31 / Section 50-31-07
50-31-07. State opioid treatment authority
Status: in_force

50-31-07. State opioid treatment authority

The behavioral health division of the department is designated as the state opioid treatment

authority.