N.D. Cent. Code § 50-11.1-06 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-06
50-11.1-06. In-home provider - Registration voluntary - Prerequisites for approval - Issuance of registration document - Term
Status: in_force

50-11.1-06. In-home provider - Registration voluntary - Prerequisites for approval -

Issuance of registration document - Term.

An in-home provider may apply for a registration document from the department. The

department shall determine whether the applicant meets the standards and shall issue or deny

a registration document based upon that determination. A registration document for an in-home

provider may not be effective for longer than one year. The application and supporting

documents may not include any fraudulent or untrue representations. The department may

consider the early childhood services history of the applicant in determining issuance of a

registration document. The department may investigate an applicant according to rules adopted

by the department to determine whether the applicant has a criminal record or has been the

subject of a confirmed decision for child abuse and neglect. The department may issue a

provisional in-home provider registration document in accordance with the rules of the

department.
N.D. Cent. Code § 50-06-05.9 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-05.9
50-06-05.9. Long-term care services providers - Home and community-based services
Status: in_force

50-06-05.9. Long-term care services providers - Home and community-based

services.

The department of human services shall establish guidelines for long-term care services

providers to deliver home and community-based services to allow individuals to remain in their

homes and communities.
N.D. Cent. Code § 50-06-39 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-39
50-06-39. Expedited ratesetting process - Nursing and basic care facilities
Status: repealed

50-06-39. Expedited ratesetting process - Nursing and basic care facilities

Repealed by S.L. 2017, ch. 331, § 14.
N.D. Cent. Code § 50-09-21.1 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-21.1
50-09-21.1. County share of foster care costs
Status: repealed

50-09-21.1. County share of foster care costs

Repealed by S.L. 2015, ch. 329, §11.
N.D. Cent. Code § 50-11-06.2 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-06.2
50-11-06.2. Department to establish standards - Licensing - Inspection - Prosecute violations
Status: repealed

50-11-06.2. Department to establish standards - Licensing - Inspection - Prosecute

violations.

Repealed by S.L. 1993, ch. 472, § 25.
N.D. Cent. Code § 50-06-14.2 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-14.2
50-06-14.2. Department to establish reasonable rates
Status: repealed

50-06-14.2. Department to establish reasonable rates

Repealed by S.L. 1993, ch. 2, § 28.
N.D. Cent. Code § 50-25.2-13 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-13
50-25.2-13. Information, education, and training programs
Status: in_force

50-25.2-13. Information, education, and training programs

1. The department shall conduct a public information and education program. The

elements and goals of the program must include:

a. Informing the public regarding the laws governing the abuse or neglect of

vulnerable adults, the voluntary and mandatory reporting authorized by this

chapter, and the need for and availability of adult protective services.

b. Providing caregivers with information regarding services to alleviate the

emotional, psychological, physical, or financial stress associated with the

caregiver and vulnerable adult relationship.

2. The department shall institute a program of education and training for the department,

the department's designee, and law enforcement agency staff and other individuals

who provide adult protective services.
N.D. Cent. Code § 50-17-01 — ND Code / Title 50 / Chapter 50-17 / Section 50-17-01
50-17-01. Governor authorized to enter into agreements with president of United States for unemployment relief purposes
Status: in_force

50-17-01. Governor authorized to enter into agreements with president of United

States for unemployment relief purposes.

The governor, in the name and on behalf of the state of North Dakota, may enter into such

contracts or agreements with the president of the United States as the president may deem

necessary or advisable in carrying out the provisions of the act of the Congress of the United

States entitled "An Act for the relief of unemployment through the performance of useful public

work, and for other purposes", approved March 31, 1933, and any other act of Congress

amendatory thereof or supplementary thereto.
N.D. Cent. Code § 50-01.1-01 — ND Code / Title 50 / Chapter 50-01.1 / Section 50-01.1-01
50-01.1-01. Definitions
Status: in_force

50-01.1-01. Definitions

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

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

2. "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.

3. "Host county" means the county within the human service zone in which the human

service zone administrative office is located and in which the human service zone

team members are employed.

4. "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.

5. "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.

6. "Human service zone team member" means a county employee who is responsible for

administering or delivering human services under the direction of the human service

zone director.

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, locally administered

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, 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.

9. "Locally administered economic assistance programs" means those primary economic

assistance programs that need to be accessible to all citizens of the state through a

human service zone office and include:

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.
N.D. Cent. Code § 50-12-11 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-11
50-12-11. Revocation of license - False reports
Status: repealed

50-12-11. Revocation of license - False reports

Repealed by S.L. 2025, ch. 449, § 6.
N.D. Cent. Code § 50-10.3-01 — ND Code / Title 50 / Chapter 50-10.3 / Section 50-10.3-01
50-10.3-01. Definitions
Status: in_force

50-10.3-01. Definitions

As used in this chapter, unless the context clearly indicates otherwise:

1. "Declaration of disaster or emergency" means a disaster or emergency declared by

the governor under chapter 37-17.1.

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

3. "Essential caregiver" means an individual identified by a resident of a long-term care

facility or by the resident's designated decisionmaker to provide in-person physical,

spiritual, or emotional support to the resident.

4. "Long-term care facility" means a skilled nursing facility, basic care facility, or

swing-bed hospital approved to furnish long-term services.
N.D. Cent. Code § 50-24.4-08 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-08
50-24.4-08. Notice of increases to private-paying residents
Status: in_force

50-24.4-08. Notice of increases to private-paying residents

No increase in nursing home rates for private-paying residents is effective unless the

nursing home notifies the resident or person responsible for payment of the increase in writing

thirty days before the increase takes effect. A nursing home may adjust its rates without giving

the notice required by this section when the purpose of the rate adjustment is to reflect a

necessary change in the category of care provided to a resident.
N.D. Cent. Code § 50-35-07 — ND Code / Title 50 / Chapter 50-35 / Section 50-35-07
50-35-07. Human service finance fund
Status: in_force

50-35-07. Human service finance fund

The human service finance fund is a special fund in the state treasury. Moneys in the fund

may be used, subject to legislative appropriation, for the provision of payments to human

service zones and payments to the department pursuant to this chapter.
N.D. Cent. Code § 50-12-05 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-05
50-12-05. Department may prescribe form of records - Make rules - Records open for inspection
Status: in_force

50-12-05. Department may prescribe form of records - Make rules - Records open for

inspection.

The department of health and human services may prescribe the forms for the registration

and record of children placed by a child-placing agency. The department shall make such

reasonable rules and regulations in connection with such placements as are necessary to carry

out the purposes of this chapter. All records must be open to the inspection of the department.
N.D. Cent. Code § 50-27-01 — ND Code / Title 50 / Chapter 50-27 / Section 50-27-01
50-27-01. Creation and administration of children's trust fund
Status: in_force

50-27-01. Creation and administration of children's trust fund

There is hereby created in the state treasury a special fund known as the children's trust

fund. The children and family services division of the department of health and human services

shall administer the fund. All moneys designated for the fund from whatever source derived

must be deposited with the state treasurer in the children's trust fund. The state treasurer shall

invest such funds in interest-bearing accounts as is designated by the children and family

services division, and the interest earned must be deposited in the children's trust fund. The

children and family services division shall designate the administrator of child protective

services as executive secretary of the children's trust fund.
N.D. Cent. Code § 50-24.4-21 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-21
50-24.4-21. Termination
Status: in_force

50-24.4-21. Termination

If a nursing home terminates its participation in the medical assistance program, whether

voluntarily or involuntarily, the department may authorize the nursing home to receive continued

reimbursement only on a temporary basis until medical assistance residents can be relocated to

nursing homes participating in the medical assistance program.
N.D. Cent. Code § 50-25.1-12 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-12
50-25.1-12. Cooperation required
Status: in_force

50-25.1-12. Cooperation required

All law enforcement officials, courts of competent jurisdiction, and appropriate state

agencies shall cooperate in fulfillment of the purposes of this chapter.
N.D. Cent. Code § 50-22-04 — ND Code / Title 50 / Chapter 50-22 / Section 50-22-04
50-22-04. Information required to be filed annually
Status: in_force

50-22-04. Information required to be filed annually

1. Every charitable organization that is required to file or that files a registration statement

pursuant to section 50-22-02 shall file an annual report. The annual report must be

delivered to the secretary of state, along with a ten dollar fee, on or before September

first of each year.

The secretary of state may extend the filing date for the annual report of any

charitable organization, if a written application for extension is received before the

filing deadline an extension may be granted for a single year, or permanently at the

request of the charitable organization. A charitable organization with a fiscal year

ending within three months prior to the filing deadline may make a written request for

an extension to apply to reports for subsequent years until the fiscal year is changed. A

filing date may not be extended under this subsection beyond December first of any

given year an annual report is due.

Information submitted must be given as of the close of the business on the

thirty-first day of December next preceding the date herein provided for the filing of the

report, or, in the alternative, the date of the end of the fiscal year next preceding this

report may be used.

2. The annual report must be filed on forms prescribed by the secretary of state and must

include a financial statement covering the immediately preceding twelve-month period

of operation. An officer of the charitable organization shall execute the financial

statement which must include a balance sheet, statement of income and expense, and

statement of functional expenses. The financial statement must be filed on or attached

to forms furnished by the secretary of state and must be prepared in accordance with

generally accepted accounting principles so as to make a full disclosure of the

following, including necessary allocations between each item and the basis of the

allocations:

a. Total receipts and total income from all sources;

b. Cost of management and general;

c. Program services;

d. Cost of fundraising;

e. Cost of public education;

f. Funds or properties transferred out of state with explanation as to recipient and

purpose, unless the information is not reasonably available, in which case the

charitable organization may, with the approval of the secretary of state, provide a

reasonable estimate of the amounts transferred;

g. Total net amount disbursed or dedicated within this state, broken down into total

amounts disbursed or dedicated for each major purpose, charitable or otherwise,

unless the information is not reasonably available, in which case the charitable

organization, with the approval of the secretary of state, may provide a

reasonable estimate of the required information;

h. Names of professional fundraisers used during the accounting year and the

financial compensation and profit resulting to each professional fundraiser; and

i. 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.

3. Unless otherwise required by this section, the financial statement need not be certified.

4. Upon request of the secretary of state or attorney general, the charitable organization

must promptly provide a copy of all tax or information returns, including all schedules

and amendments, submitted by the charitable organization to the internal revenue

service for the period covered by the annual report, except any schedules of

contributors to the organization.

5. The secretary of state or attorney general may make a detailed examination of the

accounts of any charitable organization conducting a solicitation for funds within this

state. Every charitable organization subject to this chapter shall keep a full and true

record in the form that will enable the charitable organization to accurately provide the

information required by this chapter. The registration of a charitable organization is

ineffective immediately upon its failure to file an annual report, including the payment

of all required fees. Any such organization, if in default under this chapter, may not file

a new registration statement until it files the required annual report with the secretary

of state.

Failure to file the annual report and fee as required will mean the organization may not solicit in

this state.
N.D. Cent. Code § 50-28-01 — ND Code / Title 50 / Chapter 50-28 / Section 50-28-01
50-28-01. Definitions
Status: in_force

50-28-01. Definitions

As used in this chapter:

1. "Adoption assistance" means the payment or payments for the maintenance of a child

which are made or committed to be made pursuant to an adoption assistance program

established by the laws of a party state.

2. "Adoption assistance state" means the state that is signatory to an adoption

assistance agreement in a particular case.

3. "Child with special needs" means an individual under twenty-one years of age, who

was or will be adopted before reaching eighteen years of age, and who has any of the

special needs described in section 50-09-02.2.

4. "Compact" means the interstate compact on adoption and medical assistance.

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

6. "Medical assistance" means a program operated by a state under a state plan

approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.].

7. "Party state" means a state that has adopted the compact.

8. "Residence state" means the state in which the child lives.

9. "State" means a state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the

Northern Mariana Islands, or a territory or possession of the United States.
N.D. Cent. Code § 50-11.1-09 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-09
50-11.1-09. Revocation of license, self-declaration, or registration document
Status: in_force

50-11.1-09. Revocation of license, self-declaration, or registration document

1. The department may revoke the license, self-declaration, or registration document of

any provider upon proper showing of any of the following:

a. Any of the applicable conditions set forth in sections 50-11.1-04, 50-11.1-06, and

section 50-11.1-17 as prerequisites for the issuance of the license,

self-declaration, or registration document no longer exist.

b. The licensee, holder of a self-declaration, or registrant is no longer in compliance

with the minimum standards prescribed by the department.

c. The license, self-declaration, or registration document was issued upon

fraudulent or untrue representation.

d. The licensee, holder of a self-declaration, or registrant has violated any rules of

the department.

e. The licensee, holder of a self-declaration, registrant, or a household member of a

home out of which early childhood services are provided has been found guilty of,

or pled guilty to, an offense the department determines has a direct bearing upon

an individual's ability to serve the public as a licensee, a holder of a

self-declaration, or a registrant.

f. The licensee, holder of a self-declaration, or registrant has been convicted of any

offense and the department, acting pursuant to section 12.1-33-02.1, has

determined that the individual has not been sufficiently rehabilitated.

g. The department may consider the early childhood services history of the licensee,

holder of a self-declaration, or registrant in determining revocation of a license,

self-declaration, or in-home registration document.

2. The department shall notify, in writing, the parent of each child receiving early

childhood services from the provider that is the subject of the revocation notice.
N.D. Cent. Code § 50-24.6-01 — ND Code / Title 50 / Chapter 50-24.6 / Section 50-24.6-01
50-24.6-01. Definitions
Status: in_force

50-24.6-01. Definitions

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

1. "Board" means the drug use review board.

2. "Compendium" means the American hospital formulary service drug information,

United States pharmacopeia-drug information, the DRUGDEX information system,

American medical association drug evaluations, or nonproprietary peer-reviewed

medical literature.

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

4. "Drug use review" means a program as described in 42 U.S.C. 1396r-8(g)(2).

5. "Drug use review criteria" means standards approved by the board for use in

determining whether use of a drug is likely to be medically appropriate, to be medically

necessary, and not result in adverse medical outcomes.

6. "Prior authorization" means a process requiring the prescriber or the dispenser to

verify with the department or the department's contractor that proposed medical use of

a particular drug for a medical assistance program recipient meets predetermined

criteria for coverage by the medical assistance program.
N.D. Cent. Code § 50-12-12 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-12
50-12-12. Denial or revocation of license - Hearing
Status: in_force

50-12-12. Denial or revocation of license - Hearing

Before any application for a license under this chapter may be denied or before the

revocation of any license may take place, written charges as to the reasons therefor must be

served upon the applicant or licensee. The applicant or licensee has the right to an

administrative hearing as provided under chapter 28-32 if written request for the hearing is

made to the department within thirty days after service of the written charges.
N.D. Cent. Code § 50-10.1-02 — ND Code / Title 50 / Chapter 50-10.1 / Section 50-10.1-02
50-10.1-02. Appointment of state and local long-term care ombudsmen
Status: in_force

50-10.1-02. Appointment of state and local long-term care ombudsmen

The department shall employ a state long-term care ombudsman and local long-term care

ombudsmen as the department determines necessary within the limits of legislative

appropriations.
N.D. Cent. Code § 50-06-01.11 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-01.11
50-06-01.11. Financing of health and human services
Status: in_force

50-06-01.11. Financing of health and human services

1. The powers and duties carried out by the department under this title may be financed

out of a special fund within the state treasury to be known as the health and human

services operating special fund.

2. The commissioner of the department or the commissioner's designee and the state

treasurer shall deposit in the health and human services operating special fund, at

such times as they may become available:

a. All moneys received from any of the counties within the state;

b. All moneys received from the United States under the provisions of the Social

Security Act;

c. Such moneys as may be periodically required from legislative appropriations for

department purposes; and

d. All public moneys received from any other source.

3. Expenditures made under this title must be paid upon vouchers prepared by the office

of management and budget drawn on the state treasurer against the health and

human services operating special fund and signed by the state auditor and state

treasurer after approval by the office of management and budget. Expenditures to be

supported by itemized vouchers must be signed by the commissioner of the

department or by the commissioner's designee and certified to the office of

management and budget.

4. Any funds received from federal agencies must be deposited and disbursed as

provided and in accordance with Acts of Congress or the regulations of the federal

agencies from which the funds were received.
N.D. Cent. Code § 50-24.8-08 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-08
50-24.8-08. Relief from retaliatory actions
Status: in_force

50-24.8-08. Relief from retaliatory actions

1. An employee, contractor, or agent is entitled to all relief necessary to make that

employee, contractor, or agent whole, if that employee, contractor, or agent is

discharged, demoted, suspended, threatened, harassed, or in any other manner

discriminated against in the terms and conditions of employment because of lawful

acts done by the employee, contractor, agent, or associated others in furtherance of

an action under this chapter or other efforts to stop one or more violations of this

chapter.

2. Relief under subsection 1 includes reinstatement with the same seniority status that

employee, contractor, or agent would have had but for the discrimination, two times

the amount of back pay, interest on the back pay, and compensation for any special

damages sustained as a result of the discrimination, including litigation costs and

reasonable attorney's fees. An action under this section may be brought in the

appropriate district court for the relief provided in this subsection.

3. A civil action under this section may not be brought more than three years after the

date the retaliation occurred.
N.D. Cent. Code § 50-06.1-07 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-07
50-06.1-07. Rehabilitation services provided to disabled individuals requiring financial assistance
Status: in_force

50-06.1-07. Rehabilitation services provided to disabled individuals requiring

financial assistance.

Except as may be otherwise provided by law or as may be specified in any agreement with

another state or with the federal government, rehabilitation services must be provided at public

cost to disabled individuals found to require financial assistance.
N.D. Cent. Code § 50-30-03 — ND Code / Title 50 / Chapter 50-30 / Section 50-30-03
50-30-03. Nursing facility alternative grant fund
Status: in_force

50-30-03. Nursing facility alternative grant fund

Expired under S.L. 1999, ch. 429, § 9.
N.D. Cent. Code § 50-24.4-26 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-26
50-24.4-26. False reports
Status: in_force

50-24.4-26. False reports

If a nursing home knowingly supplies inaccurate or false information in a required report that

results in an overpayment, the department shall:

1. Immediately adjust the nursing home's payment rate to recover the entire overpayment

within the rate year;

2. Terminate the department's agreement with the nursing home;

3. Prosecute under applicable state or federal law; or

4. Use any combination of the foregoing actions.
N.D. Cent. Code § 50-24.1-16 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-16
50-24.1-16. Reimbursement of ambulance services
Status: in_force

50-24.1-16. Reimbursement of ambulance services

1. Medical assistance coverage must include reimbursement of ambulance services for

responding to calls to assist covered individuals which do not result in transport.

2. For purposes of classifying ambulance services under this section:

a. An emergency response is one that at the time the ambulance is called the

ambulance responds immediately. An immediate response is one in which the

ambulance begins as quickly as possible to take the steps necessary to respond

to the call.

b. An advanced life support assessment is an assessment performed by an

advanced life support crew as part of an emergency response that was

necessary because the patient's reported condition at the time of the dispatch

was such that only an advanced life support crew was qualified to perform the

assessment. An advanced life support assessment does not necessarily result in

a determination that the patient requires an advanced life support level of service.
N.D. Cent. Code § 50-01-13 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-13
50-01-13. Medical attention and hospitalization furnished poor
Status: in_force

50-01-13. Medical attention and hospitalization furnished poor

Within the limits of the human service zone appropriation, the human service zone promptly

shall provide necessary medical services, covered in the written eligibility standards for general

assistance, for any poor person in the human service zone who is not provided for in a public

institution. The human service zone shall cause to be furnished to the person the necessary

covered medicines prescribed by a physician. Necessary covered hospitalization must be

furnished by the human service zone upon approval or subsequent ratification by the human

service zone director or the director's designee. If the poor person is a nonresident of the state,

the human service zone furnishing the medical services must be reimbursed within the limits of

funds appropriated for that purpose by the legislative assembly for eighty percent of the

expenses incurred in carrying out this section. The reimbursement must be made upon

vouchers having the approval of the department of health and human services.
N.D. Cent. Code § 50-06-01.6 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-01.6
50-06-01.6. Human services advisory board - Membership - Meetings - Compensation and expenses - Responsibilities
Status: repealed

50-06-01.6. Human services advisory board - Membership - Meetings - Compensation

and expenses - Responsibilities.

Repealed by S.L. 1995, ch. 457, § 6.
N.D. Cent. Code § 50-24.1-25 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-25
50-24.1-25. Operating costs for developmental disabilities service providers
Status: repealed

50-24.1-25. Operating costs for developmental disabilities service providers

Repealed by S.L. 2019, ch. 408, § 39.
N.D. Cent. Code § 50-11.3-02 — ND Code / Title 50 / Chapter 50-11.3 / Section 50-11.3-02
50-11.3-02. Criminal history record investigation - Effect of results
Status: in_force

50-11.3-02. Criminal history record investigation - Effect of results

1. An individual may not be licensed or approved as a foster parent or treated as having

a home suitable for the adoption of any child other than the individual's stepchild and a

foster care facility that employs or houses an individual may not be licensed or

approved, if the individual is the subject of a criminal history record investigation that

reveals:

a. A felony conviction by a court of competent jurisdiction for criminal conduct

involving:

(1) Child abuse or neglect;

(2) Domestic violence, as that term is used in chapter 14-07.1;

(3) A crime in which a child was a victim, including the creation or distribution of

child pornography; or

(4) A crime involving violence, including rape, sexual assault, or murder, but not

including other physical assault or battery;

b. A felony conviction entered within the past five years by a court of competent

jurisdiction for criminal conduct involving:

(1) A crime involving violence not described in subdivision a;

(2) Any drug-related offense; or

(3) An attempt, facilitation, solicitation, or conspiracy to commit criminal conduct

described in subdivision a;

c. A felony conviction entered by a court of competent jurisdiction for criminal

conduct described in subdivision b if five years have not elapsed after final

discharge or release from any term of probation, parole, or other form of

community corrections, without subsequent conviction, unless the individual

demonstrates sufficient rehabilitation; or

d. A felony conviction entered by a court of competent jurisdiction for criminal

conduct described in subdivision b or a misdemeanor conviction by a court of

competent jurisdiction for a crime in which a child was the victim or a crime of

violence if the individual is not sufficiently rehabilitated.

2. The department, in accordance with section 50-11-02, may adopt rules, using this

section as a minimum requirement, to determine whether to deny or revoke a foster

care facility's license, in accordance with section 50-11-07, if that facility houses or

employs an individual who has a criminal record.

3. The department, in accordance with chapter 50-12, may adopt rules, using this section

as a minimum requirement, to determine whether an individual or an individual's home

is suitable for the adoption of any child through a child-placing agency.
N.D. Cent. Code § 50-25.2-08 — ND Code / Title 50 / Chapter 50-25.2 / Section 50-25.2-08
50-25.2-08. Cost of adult protective services
Status: in_force

50-25.2-08. Cost of adult protective services

The vulnerable adult is responsible for the costs of providing adult protective services,

except the receipt, evaluation, and assessment of reports of suspected abuse or neglect

pursuant to subdivision a of subsection 3 of section 50-25.2-01, if the department or the

department's designee determines, based on standards set by the department, that the

vulnerable adult is financially capable of paying for the protective services received either

through the vulnerable adult's own income or resources or other programs for which the

vulnerable adult may be eligible. The department or the department's designee is not

responsible for the cost of providing adult protective services unless the provision of the

services is specifically provided by law and funding exists to provide the services.
N.D. Cent. Code § 50-06.4-04 — ND Code / Title 50 / Chapter 50-06.4 / Section 50-06.4-04
50-06.4-04. Authority to accept and expend grants, gifts, and services
Status: in_force

50-06.4-04. Authority to accept and expend grants, gifts, and services

The department may apply for and accept any funds, grants, gifts, or services made

available for the purpose of providing or coordinating services to individuals with brain injury by

any federal agency or department or any private agency or individual. Funds received by the

department under this section must be deposited in the state treasury in a special fund

designated as the brain injury fund and may be spent within the limits of legislative

appropriation.
N.D. Cent. Code § 50-11-06.1 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-06.1
50-11-06.1. Foster family care home for adults defined
Status: repealed

50-11-06.1. Foster family care home for adults defined

Repealed by S.L. 1993, ch. 472, § 25.
N.D. Cent. Code § 50-09-20.1 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-20.1
50-09-20.1. Amounts state liable for - Reimbursement by state
Status: repealed

50-09-20.1. Amounts state liable for - Reimbursement by state

Repealed by S.L. 1997, ch. 403, § 13 and S.L. 1997, ch. 404, § 79.
N.D. Cent. Code § 50-24.7-01 — ND Code / Title 50 / Chapter 50-24.7 / Section 50-24.7-01
50-24.7-01. Definitions
Status: in_force

50-24.7-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Aged" means at least sixty-five years of age.

2. "Blind" has the same meaning as the term has when used by the social security

administration in the supplemental security income program under titles II and XVI of

the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].

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

4. "Disabled" has the same meaning as the term has when used by the social security

administration in the supplemental security income program under titles II and XVI of

the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].

5. "Eligible beneficiary" means a resident of this state who:

a. (1) Is aged; or

(2) Is at least eighteen years of age and is disabled or blind;

b. Has applied for and is eligible to receive benefits under title XIX of the Social

Security Act [42 U.S.C. 1396 et seq.], and who has applied for and is receiving

benefits, if the individual is eligible to receive benefits, under titles II and XVI of

the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.];

c. Based on a functional assessment, is not severely impaired in any of the activities

of daily living of toileting, transferring to or from a bed or chair, or eating and:

(1) Has health, welfare, or safety needs, including a need for supervision or a

structured environment; or

(2) Is impaired in three of the four instrumental activities of daily living of

preparing meals, doing homework, taking medicine, and doing laundry;

d. Has countable income, less the cost of necessary remedial care that may be

provided under this chapter, does not exceed an amount equal to the cash benefit

under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and

42 U.S.C. 1381 et seq.] which the individual would receive if the individual had no

income, plus the personal needs allowance;

e. Has impairments that are not the result of an intellectual disability; and

f. Is determined to be eligible pursuant to rules adopted by the department.

6. "Family home care" means the provision of room, board, supervisory care, and

personal services to an eligible elderly or disabled person by the spouse or by one of

the following relatives, or the current or former spouse of one of the following relatives,

of the elderly or disabled person: parent, grandparent, adult child, adult sibling, adult

grandchild, adult niece, or adult nephew. The family home care provider need not be

present in the home on a twenty-four-hour basis if the welfare and safety of the client

is maintained.

7. "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.

8. "Qualified service provider" means a human service zone or independent contractor

who agrees to meet standards for services and operations established by the

department.

9. "Remedial care" means services that produce the maximum reduction of an eligible

beneficiary's physical or mental disability and the restoration of an eligible beneficiary

to the beneficiary's best possible functional level.
N.D. Cent. Code § 50-08.1-02 — ND Code / Title 50 / Chapter 50-08.1 / Section 50-08.1-02
50-08.1-02. Benefits for pregnant women
Status: repealed

50-08.1-02. Benefits for pregnant women

Repealed by S.L. 1997, ch. 404, § 80.
N.D. Cent. Code § 50-29-05 — ND Code / Title 50 / Chapter 50-29 / Section 50-29-05
50-29-05. Limitations of chapter
Status: in_force

50-29-05. Limitations of chapter

Health assistance provided under this chapter is not an entitlement. A person does not have

a property interest in any health assistance sought or provided under this chapter. If the

department estimates that available funds are insufficient to allow participation by additional

applicants, the department may take any action appropriate to avoid commitment of funds in

excess of available funds, including denying applications and establishing waiting lists, that is

not forbidden by title XXI of the federal Social Security Act [42 U.S.C. 1397aa et seq.] or

regulations adopted thereunder. Notwithstanding any other provisions of this chapter, the

department may not expend funds for purposes of this chapter which exceed the federal funds

available and the corresponding nonfederal share, and if federal children's health insurance

program funding decreases, or if federal funding expires, the department may decrease the

income eligibility limit to operate within the federal funding available or may terminate the

program if federal funding expires.
N.D. Cent. Code § 50-06.3-10 — ND Code / Title 50 / Chapter 50-06.3 / Section 50-06.3-10
50-06.3-10. State's attorneys or attorney general to bring action for expenses - Contract for collections
Status: in_force

50-06.3-10. State's attorneys or attorney general to bring action for expenses -

Contract for collections.

1. Upon the request of the department to a state's attorney or the attorney general, in

regard to fees and expenses charged pursuant to this chapter, the state's attorney or

the attorney general shall bring an action against the person or estate liable for the

fees and expenses for the payment of the amount due the state.

2. The department is permitted to contract with collection agencies for the collection of

amounts due the state under this chapter.
N.D. Cent. Code § 50-06-01.10 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-01.10
50-06-01.10. Shelter care criminal history record investigation - Fingerprinting required
Status: in_force

50-06-01.10. Shelter care criminal history record investigation - Fingerprinting

required.

1. Each shelter care program shall secure, from a law enforcement agency or any other

agency authorized to take fingerprints, two sets of fingerprints and shall provide all

other information necessary to secure state criminal history record information and a

nationwide background check under federal law from any individual employed by the

shelter care program.

2. The shelter care program shall assure information obtained under subsection 1 is

provided to the department.

3. Upon receipt of all fingerprints and necessary information relating to a criminal history

record investigation, the department shall submit the information and fingerprints to the

bureau of criminal investigation. The department shall provide a copy of the state

criminal history record information response received from the bureau of criminal

investigation to the shelter care program or authorized agent making the request.

4. The bureau of criminal investigation shall request a nationwide background check from

the federal bureau of investigation and, upon receipt of a response, provide the

response of the federal bureau of investigation to the department. The bureau of

criminal investigation also shall provide any criminal history record information that

may lawfully be made available under chapter 12-60 to the department.

5. Upon request by the provider or employees of a provider, a law enforcement agency

shall take fingerprints of individuals described in this section if the request is made for

purposes of this section.

6. The department shall pay the cost of securing fingerprints, any criminal history record

information made available under chapter 12-60, and a nationwide background check

for each shelter care provider.

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

reasonable fee to offset the costs of the fingerprinting.

8. A criminal history record investigation completed under this section may be used to

satisfy the criminal history record investigation requirements of sections 25-03.2-03,

50-06-01.9, 50-11-06.8, 50-11.3-01, and 50-12-03.2. The federal bureau of

investigation's criminal history record investigation obtained from one criminal history

record investigation purpose may not be reused to satisfy the requirements for another

federal bureau of investigation's criminal history record investigation for a different

purpose.

9. Before certifying a shelter care program and during the shelter care program

operation, the department shall seek a criminal history record when required by this

section. The department, in accordance with the rules of the department, shall

consider any criminal history information available at the time a decision is made for

certification and during the operation of the certified shelter care program.

10. "Shelter care program" means a nonsecure permanent dwelling run by an agency with

certification obtained by the department, where employees offer safe shelter, food, and

structured routine and is available twenty-four hours a day to a resident age ten to

eighteen years old in need of temporary safe out-of-home emergency placement, not

to exceed seven days, unless otherwise approved by the department.
N.D. Cent. Code § 50-09-02.4 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-02.4
50-09-02.4. State case registry
Status: in_force

50-09-02.4. State case registry

1. The statewide automated data processing system established under

section 50-09-02.1 must include a registry that contains records with respect to:

a. Each child support case in which services are being provided by the state agency

under title IV-D; and

b. Each child support order established or modified in this state on or after

October 1, 1998.

2. The case records must use standardized data elements for both parents and contain

other information the secretary requires.

3. Each case record concerning a case with respect to which services are being provided

by the state agency under title IV-D must:

a. Include payment records consistent with the requirements of title IV-D, which

include:

(1) The amount of current monthly or other periodic support owed under the

order and other amounts, including arrearages, interest, late payment

penalties, fees, and amounts determined under section 14-09-09.30, due or

past due under the order;

(2) Any amount described in paragraph 1 that has been collected;

(3) The distribution of collected amounts;

(4) The birthdate and the social security number of any child for whom an order

requires the provision of support; and

(5) The amount necessary to satisfy any lien imposed under chapter 35-34 or

established as a judgment lien under section 14-08.1-05.

b. Be established, maintained, updated, and monitored on the basis of:

(1) Information on administrative actions and administrative and judicial

proceedings and orders relating to paternity and child support;

(2) Information obtained from comparison with federal, state, and local sources

of information;

(3) Information on child support collections and distributions; and

(4) Any other relevant information.
N.D. Cent. Code § 50-31-09 — ND Code / Title 50 / Chapter 50-31 / Section 50-31-09
50-31-09. Opioid treatment medication unit - Licensure required - Rules
Status: in_force

50-31-09. Opioid treatment medication unit - Licensure required - Rules

1. A medication unit may not operate in this state, unless the unit operates under the

license of an opioid treatment program and holds:

a. A separate registration from the United States department of justice drug

enforcement administration; and

b. A medication unit license under the department.

2. The department may license a medication unit. A separate license is required for each

location at which a medication unit is operated under this section.

3. The department shall adopt rules relating to licensing and monitoring a medication

unit, including rules for:

a. Standards for approval and maintenance of licensure;

b. Assessment of need for a medication unit in the proposed location, including

community engagement; and

c. Standards of patient care.
N.D. Cent. Code § 50-11.1-07.6 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-07.6
50-11.1-07.6. Recovery of fiscal sanctions - Hearing
Status: in_force

50-11.1-07.6. Recovery of fiscal sanctions - Hearing

Fiscal sanctions assessed pursuant to this chapter are payable twenty days upon mailing or

fifteen days upon electronic transmission of the notice of noncompliance and at fifteen-day

intervals thereafter, as the fiscal sanctions accrue. Recovery of an assessed fiscal sanction

must be stayed if the licensee or holder of a self-declaration makes written request to the

department for an administrative hearing within fifteen days upon mailing or ten days upon

electronic transmission of the notice to the licensee or the holder of the self-declaration. If the

appeal is unsuccessful or withdrawn, the daily assessment of fiscal sanctions must resume and

the department shall add the amount of fiscal sanctions which otherwise would have accrued

during the period prior to resumption to the total assessment due from the licensee or the holder

of a self-declaration. The department shall notify the licensee or the holder of a self-declaration

of the resumption by mail or electronic mail.
N.D. Cent. Code § 50-16-03 — ND Code / Title 50 / Chapter 50-16 / Section 50-16-03
50-16-03. Duties of community youth council
Status: in_force

50-16-03. Duties of community youth council

The community youth council shall perform the following duties:

1. Make a survey of the youth of the community.

2. Coordinate the leisure activities provided for them by the various organizations of the

community.

3. Provide the place, method, and means for useful, supervised activities for those out of

school, out of work, and without an opportunity for proper development.

4. Provide for the class mentioned in subsection 3 a healthful outlet for its energies and

love of adventure.
N.D. Cent. Code § 50-06-44 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-44
50-06-44. Alcohol and drug education program - Rules - Fees
Status: in_force

50-06-44. Alcohol and drug education program - Rules - Fees

1. The department shall adopt rules for an evidence-based alcohol and drug education

program for individuals who violate section 5-01-08 or 39-08-01, or equivalent

ordinances, or subparagraph a of paragraph 1 of subdivision d of subsection 7 of

section 19-03.1-23. The rules must allow for the program provider to charge a fee to a

participant in the program.

2. The department shall adopt rules for an evidence-based alcohol and drug education

program certification.
N.D. Cent. Code § 50-11-03.7 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-03.7
50-11-03.7. Adult foster care providers - Temporary assistants - Permitted use of electronic device for monitoring
Status: in_force

50-11-03.7. Adult foster care providers - Temporary assistants - Permitted use of

electronic device for monitoring.

An adult foster care provider may:

1. Employ a temporary assistant as needed to assist with private-pay adult residents that

have physical limitations that require more than one provider to properly assist.

2. Use an electronic device for monitoring an otherwise unattended adult resident within

a limited range, which allows the provider to remain nearby while ensuring the safety

of the resident. Before implementing an electronic device for monitoring, the use of the

device must be approved in writing by the resident or, if the resident is incapacitated, a

family member or legal representative of the resident.
N.D. Cent. Code § 50-24.8-02 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-02
50-24.8-02. Liability for certain acts - Civil penalty
Status: in_force

50-24.8-02. Liability for certain acts - Civil penalty

1. Except as provided in subsections 2 and 3, a person is liable to the state for a civil

penalty of not less than one thousand dollars and not more than ten thousand dollars

for each act specified in this section, three times the amount of damages the state

sustains because of the person's act, and costs of the investigation and litigation fees,

if the person:

a. Knowingly presents or causes to be presented a false or fraudulent claim for

payment or approval;

b. Knowingly makes, uses, or causes to be made or used, a false record or

statement material to a false or fraudulent claim;

c. Conspires to commit a violation of this section;

d. Has possession, custody, or control of public property or money used or to be

used by the state and knowingly delivers or causes to be delivered less than all of

that money or property;

e. Is authorized to make or deliver a document certifying receipt of property used or

to be used by the state and, with the intent to defraud the state, makes or delivers

a receipt without completely knowing the information on the receipt is true; or

f. Knowingly makes, uses, or causes to be made or used a false record or

statement material to an obligation to pay or transmit money or property to the

state or knowingly conceals or knowingly and improperly avoids or decreases an

obligation to pay or transmit money or property to the state.

2. The court may assess not less than two times the amount of damages the state

sustains because of the act of the person and the person is liable to the state for the

costs of the civil action brought to recover any such penalty or damages if the court

finds:

a. The person committing the act furnished the attorney general with all information

known to that person about the act within thirty days after the date on which the

person first obtained the information;

b. The person fully cooperated with any investigation of the act by the attorney

general; and

c. At the time the person furnished the attorney general with information about the

act, a criminal prosecution, civil action, or administrative action had not been

commenced with respect to the act and the person did not have actual knowledge

of the existence of an investigation into the violation.

3. If the total claim made or presented by a person under subsection 1 is less than one

hundred thousand dollars, the civil penalty for which the person is liable may not be

more than fifteen percent of the total claim submitted.
N.D. Cent. Code § 50-01.2-03 — ND Code / Title 50 / Chapter 50-01.2 / Section 50-01.2-03
50-01.2-03. Duties of human service zone board
Status: in_force

50-01.2-03. Duties of human service zone board

The human service zone board in this state shall:

1. Provide information to the department relative to the community needs of the human

service zone residents and advocate to meet those needs.

2. Review services and programs provided by the human service zone and make

periodic recommendations for improvement in services, programs, or facilities.

3. Aid and assist in every reasonable way to efficiently coordinate and conduct human

service activities within the human service zone by private as well as public

organizations.

4. Establish procedures for the review and approval of all claims against the human

service zone human services fund.

5. Supervise and take other personnel actions related to the human service zone director

with direct consultation and involvement from the department. Hire the human service

zone director with the express approval of the department. Employment must be

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

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

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

human service zone director must be hired by April 1, 2020.

6. Hear and act on employee grievances in accordance with the human service zone

plan and in compliance with merit system requirements.
N.D. Cent. Code § 50-10.2-01 — ND Code / Title 50 / Chapter 50-10.2 / Section 50-10.2-01
50-10.2-01. Definitions
Status: in_force

50-10.2-01. Definitions

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

1. "Authorized electronic recording" means the placement and use of an authorized

electronic recording device, by a resident or resident representative, in the resident's

room.

2. "Authorized electronic recording device" means a device that is installed in the room of

a resident which is intended to record or is recording and transmitting video,

communications, or other sounds occurring in the room.

3. "Conflict of interest" means any type of ownership in a facility or membership on the

governing body of a facility by a provider of goods or services to that facility or by a

member of that individual's immediate family.

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

5. "Facility" means a skilled nursing care facility, basic care facility, assisted living facility,

or swing-bed hospital approved to furnish long-term care services.

6. "Immediate family" means husband, wife, father, mother, brother, sister, son, daughter,

father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law,

stepchild, uncle, aunt, niece, nephew, or grandchild.

7. "Remodeling" means any alteration in structure, refurbishing, or repair that would:

a. Prevent the facility staff from providing customary and required care; or

b. Seriously endanger or inconvenience any resident with noise, dust, fumes,

inoperative equipment, or the presence of remodeling workers.

8. "Resident" means an individual residing in a facility.

9. "Resident representative" means a person authorized to act as a resident's agent

under power of attorney for health care or guardianship.

10. "Technology device" means a device capable of remote audio or video

communications which is used for the purpose of the resident having contact with

another person but not for the purpose of virtual monitoring or recording audio or video

of a resident and the resident's room. A technology device includes a cellular mobile

telephone used primarily for telephonic communication, an electronic tablet not used

for virtual monitoring or recording, and an assistive communication device.

11. "Virtual monitoring" means remote live action monitoring conducted without recording

of a resident by a third party via the placement and use of a virtual monitoring device

in the resident's room.

12. "Virtual monitoring device" means a device owned and operated by the resident or

resident representative placed in the resident's room which allows live action

monitoring without recording of a resident by a third party.

13. "Virtual visitation" means remote visitation between a resident and another individual

using a technology device.
N.D. Cent. Code § 50-24.1-01.3 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-01.3
50-24.1-01.3. Department to comply with federal requirements - Interagency cooperation - Civil money penalty fund
Status: in_force

50-24.1-01.3. Department to comply with federal requirements - Interagency

cooperation - Civil money penalty fund.

1. The department shall take any action necessary to comply with the requirements of

section 1919(h) of the federal Social Security Act [42 U.S.C. 1396r(h)], including

establishing a process to enforce compliance by nursing facilities with requirements for

participation in the medical assistance program that conforms to any federal

regulations implementing that section.

2. The state treasurer shall establish a fund for the receipt of any civil money penalties

imposed under subsection 1. Any civil money penalty paid to the department under

subsection 1 must be deposited in that fund and, subject to the limits of legislative

appropriation, may be expended for the purpose allowed by the federal government.

3. This section may not be construed to create any right or authorize any activity not

provided for in section 1919(h) of the federal Social Security Act [42 U.S.C. 1396r(h)]

or its implementing federal regulations.

4. Before the establishment and assessment of civil money penalties permitted by

section 1919(h) of the federal Social Security Act [42 U.S.C. 1396r(h)], the department

is encouraged to submit a plan of alternative remedies in accordance with section

1919(h)(2)(B)(ii) of that Act.
N.D. Cent. Code § 50-06.3-03 — ND Code / Title 50 / Chapter 50-06.3 / Section 50-06.3-03
50-06.3-03. Fees and expenses chargeable against patients
Status: in_force

50-06.3-03. Fees and expenses chargeable against patients

Expenses for care and treatment of each patient at the state hospital must be in accordance

with the cost of providing care and treatment for the different degrees or conditions of mental

and physical health and charges may be adjusted in accordance with the patient's or other

responsible party's ability to pay which must include an estimate of potential future receipts

including amounts from estates. The department shall recover expenses charged for care and

treatment. The department may not recover expenses under this chapter for care and treatment

of a patient transferred to the state hospital from a jail or regional corrections center. If any

patient is receiving social security benefits or is a veteran who has received, is receiving, or is

entitled to receive compensation or pension from the veterans' administration, the expenses are

a current claim against the patient and may be recovered monthly by the department except that

any amount required by the payor of the benefits to be paid directly to the patient must be

credited to the patient's personal account from any money thus received.
N.D. Cent. Code § 50-24.1-23 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-23
50-24.1-23. Long-term care facility resident - Medical assistance eligibility
Status: in_force

50-24.1-23. Long-term care facility resident - Medical assistance eligibility

An individual is not ineligible for medical assistance if application of disqualifying transfer

provisions would deprive the individual of nursing care and services and the individual makes a

satisfactory showing that:

1. For periods after the return, all income or assets constituting the disqualifying transfer

have been transferred or assigned back to the individual and the individual is

otherwise eligible for medical assistance; or

2. Compensation equal to the fair market value of the income or asset at time of transfer

is paid to, or on behalf of, the individual for nursing care and services provided by a

long-term care facility and the individual is otherwise eligible for medical assistance.
N.D. Cent. Code § 50-24.4-02 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-02
50-24.4-02. Authority
Status: in_force

50-24.4-02. Authority

The department shall establish, by rule, procedures for determining rates for care of

residents of nursing homes which qualify as vendors of medical assistance and for

implementing the provisions of this chapter. The procedures must be based on methods and

standards which the department finds are adequate to recognize the costs that must be incurred

for the care of residents in efficiently and economically operated nursing homes. The

department shall identify costs that are recognized for establishing payment rates.
N.D. Cent. Code § 50-09-12 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-12
50-09-12. Records - State agency to make rules governing - Use of by other agencies limited
Status: repealed

50-09-12. Records - State agency to make rules governing - Use of by other agencies

limited.

Repealed by S.L. 1987, ch. 571, § 9.
N.D. Cent. Code § 50-37-01 — ND Code / Title 50 / Chapter 50-37 / Section 50-37-01
50-37-01. Definitions
Status: in_force

50-37-01. Definitions

As used in this chapter, "health care sharing ministry" means a nonprofit organization that:

1. Is recognized as tax exempt under section 501(c)(3) of the United States Internal

Revenue Code [26 U.S.C. 501(c)(3)];

2. Limits its participants to members who share a common set of ethical or religious

beliefs;

3. Acts as a facilitator among participants who have financial or medical needs to assist

participants with financial or medical needs according to criteria established by the

health care sharing ministry;

4. With no assumption of risk or promise to pay, provides for the financial or medical

needs of a participant through contributions from other participants, which were

contributed by participants with no assumption of risk or promise to pay;

5. Provides to participants each month the total dollar amount of qualified needs shared

during the previous month according to criteria established by the health care sharing

ministry;

6. Annually conducts an audit performed by an independent certified public accounting

firm according to generally accepted accounting principles and publishes the audit on

the health care sharing ministry's website or provides a copy upon request; and

7. Provides a written disclaimer on or accompanying all applications and guideline

materials distributed by or on behalf of the organization which explains:

a. The organization facilitating the sharing of medical expenses is not an insurance

company and its guidelines and plan of operation are not an insurance policy;

b. Whether anyone chooses to assist the participant with medical bills is voluntary;

c. Participation in the organization or a subscription to its documents is not

insurance; and

d. Regardless of whether the participant receives payments or the organization

continues to operate, the participant is responsible for the payment of the

participant's medical bills.
N.D. Cent. Code § 50-06-01.4 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-01.4
50-06-01.4. Structure of the department
Status: in_force

50-06-01.4. Structure of the department

1. The department includes the state hospital, the state-operated behavioral health

clinics, a vocational rehabilitation unit, public health division, and other units or offices

and administrative and fiscal support services as the commissioner of the department

determines necessary. The department must be structured to promote efficient and

effective operations and, consistent with fulfilling its prescribed statutory duties, shall

act as the official agency of the state in the discharge of the following functions not

otherwise by law made the responsibility of another state agency:

a. (1) Administration of programs for children and families, including adoption

services and the licensure of child-placing agencies, foster care services

and the licensure of foster care arrangements, certification of shelter care

services, child protection services, children's trust fund, licensure of early

childhood programs, refugee services, in-home community-based services,

quality control, administration of the interstate compacts on the placement of

children and juveniles, and the early childhood services advisory board.

(2) Administration of programs to identify all available options for effectively

maximizing the provision of early childhood services within the state and

address the coordinated utilization of facilities and personnel for the

provision of early childhood services within the state.

b. Administration of programs for individuals with developmental disabilities,

including licensure of facilities and services, the establishment funding for family

members and corporate guardianships, and the design and implementation of a

community-based service system for persons in need of habilitation.

c. Administration of aging service programs, including nutrition, transportation,

advocacy, social, ombudsman, recreation, and related services funded under the

Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], home and

community-based services, licensure of adult foster care homes, and the

committee on aging.

d. Administration of behavioral health programs, including reviewing and identifying

service needs and activities in the state's behavioral health system in an effort to

ensure health and safety, access to services, and quality of services; establishing

quality assurance standards for the licensure of substance use disorder program

services and facilities; providing policy leadership in partnership with public and

private entities; and providing chronic disease management, regional intervention

services, and twenty-four-hour crisis services for individuals with behavioral

health disorders.

e. Administration of economic assistance programs, including temporary assistance

for needy families, the supplemental nutrition assistance program, home energy

assistance, child care assistance, refugee assistance, work experience, work

incentive, and quality control.

f. Administration of medical service programs, including medical assistance for

children's health insurance program, Medicaid waivers, early and periodic

screening, diagnosis and treatment, utilization control, autism services, and

claims processing.

g. Administration of general assistance.

h. Administration of child support.

i. Administration of program, services, and licensing outlined in title 23 and other

previous duties of the state department of health and state health council.

j. Administration of a program to improve the quality of life for an individual with

brain injury and the individual's family through brain injury awareness, prevention,

research, education, collaboration, support services, and advocacy.

2. The commissioner of the department or commissioner's designee shall consult with

and maintain a close working relationship with the department of corrections and

rehabilitation and the superintendents of the school for the deaf and the North Dakota

vision services - school for the blind to develop programs for individuals with

developmental disabilities; and with the superintendent of public instruction to

maximize the use of resource persons in state-operated behavioral health clinics in the

provision of special education services. The commissioner of the department or

commissioner's designee shall also maintain a close liaison with human service zones.

3. The department shall establish a template for the development of human service zone

plans, including process and content requirements, access point expectations, client

grievances procedures, human resources, and locally funded programs or services

and how those services will be addressed.

4. The department shall develop, with assistance from the North Dakota association of

counties, a process for consultation and technical assistance for human service zone

working groups.
N.D. Cent. Code § 50-06.1-11 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-11
50-06.1-11. Misuse of vocational rehabilitation lists and records
Status: repealed

50-06.1-11. Misuse of vocational rehabilitation lists and records

Repealed by S.L. 1977, ch. 451, § 2.
N.D. Cent. Code § 50-06-05.5 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-05.5
50-06-05.5. Director of state-operated behavioral health clinic - Medical director
Status: in_force

50-06-05.5. Director of state-operated behavioral health clinic - Medical director

Each state-operated behavioral health clinic must be headed by a director. The state-

operated behavioral health clinic director must be accountable to the commissioner of the

department or the commissioner's designee. Each state-operated behavioral health clinic

director may employ the staff necessary to discharge the state-operated behavioral health

clinic's responsibilities. A state-operated behavioral health clinic director, subject to the approval

of the commissioner of the department or the commissioner's designee, and within the limit of

legislative appropriations, may make contractual arrangements with public or private agencies

or with individuals and organizations to discharge the state-operated behavioral health clinic's

service delivery responsibilities. Each regional director shall hire a qualified medical professional

who must be designated as the medical director of the state-operated behavioral health clinic.

The medical director is responsible for coordinating mental health and medically related

services. The medical director's position may be part time or full time as determined appropriate

by the state-operated behavioral health clinic director, with the concurrence of the commissioner

of the department or the commissioner's designee. As used in this section, "qualified medical

professional" means a board-eligible or board-certified psychiatrist, when such an individual can

be employed, and when this is not possible, an individual possessing at least a medical degree.
N.D. Cent. Code § 50-06-10 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-10
50-06-10. Executive director - Oath of office - Bond
Status: repealed

50-06-10. Executive director - Oath of office - Bond

Repealed by S.L. 1981, ch. 486, § 37.
N.D. Cent. Code § 50-33-07 — ND Code / Title 50 / Chapter 50-33 / Section 50-33-07
50-33-07. Sliding fee schedule
Status: in_force

50-33-07. Sliding fee schedule

1. The sliding fee schedule established by the department for inclusion within the child

care and development fund state plan to determine eligibility, benefit levels, and the

portion of the allowable child care cost that may be paid as a benefit under this

chapter, must not:

a. Exceed available federal and non-federal funding; and

b. Provide benefits to a family whose income exceeds seventy-five percent of the

state median income for a family of the same size.

2. The sliding fee schedule established by the department may not charge a fee to a

family whose income does not exceed thirty percent of the state median income for a

family of the same size.

3. Child care costs that exceed maximums established under this section are the

responsibility of the family and may not be considered in determining the child care

assistance program payment amount.
N.D. Cent. Code § 50-24.4-25 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-25
50-24.4-25. Extensions
Status: in_force

50-24.4-25. Extensions

The department may grant an extension of the reporting deadline, not to exceed thirty days,

to a nursing home for good cause.
N.D. Cent. Code § 50-06-01.2 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-01.2
50-06-01.2. Department of human services - Creation
Status: repealed

50-06-01.2. Department of human services - Creation

Repealed by S.L. 2017, ch. 353, § 10.
N.D. Cent. Code § 50-24.7-02 — ND Code / Title 50 / Chapter 50-24.7 / Section 50-24.7-02
50-24.7-02. Powers and duties of the department
Status: in_force

50-24.7-02. Powers and duties of the department

1. The department shall administer expanded service payments for elderly and disabled

and supervise and direct human service zones in the administration of expanded

service payments for elderly and disabled.

2. The department shall pay qualified service providers at rates determined by the

department, within limits of legislative appropriation, for the provision of the following

services provided to eligible individuals:

a. Adult day care;

b. Adult family foster care;

c. Case management;

d. Chore services;

e. Family home care;

f. Homemaker services;

g. Nonmedical transportation;

h. Respite care; and

i. Other services the department determines to be essential and appropriate to

sustain an individual in the individual's home and community and to delay or

prevent institutional care.

3. The department shall take actions, give directions, and adopt rules as necessary to

carry out the provisions of this chapter.

4. An overpayment, whether resulting from an eligible beneficiary's or eligible

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

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

whenever made, is subject to recovery by the department. An overpayment may be

collected from any person that benefited from, or that was responsible for, the

overpayment. A statute of limitations or similar statute or the doctrine of laches does

not bar a claim under this chapter.
N.D. Cent. Code § 50-28-03 — ND Code / Title 50 / Chapter 50-28 / Section 50-28-03
50-28-03. Medical assistance
Status: in_force

50-28-03. Medical assistance

1. Except as provided in subsection 2:

a. A child, for whom this state has agreed under the terms of an adoption assistance

agreement to provide medical assistance, is eligible for medical assistance in this

state during the entire period for which the agreement is in effect and shall

receive the same benefits as any other child who is covered by the medical

assistance program in this state;

b. When a child, who is covered by an adoption assistance agreement under which

this state is the adoption state, is living in another party state, payment for any

medical services and benefits specified under the terms of the adoption

assistance agreement, which are not available to the child under the medical

assistance program of the residence state, must be made by this state as

required by its law; and

c. A child, for whom a party state has agreed under the terms of an adoption

assistance agreement to provide medical assistance, is eligible for medical

assistance in this state during the entire period this state is the child's residence

state, and shall receive the same benefits as any other child who is covered by

the medical assistance program in this state.

2. Medical assistance may be subject to periodic re-evaluation of eligibility, provided that:

a. No re-evaluation may depend upon whether the adoptive parents are eligible for

medical assistance; and

b. Financial eligibility is based solely upon the child's income and assets.
N.D. Cent. Code § 50-01-20 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-20
50-01-20. Assistance by relatives
Status: repealed

50-01-20. Assistance by relatives

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-24.1-28 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-28
50-24.1-28. Medical assistance and Medicare prescription drug management program
Status: in_force

50-24.1-28. Medical assistance and Medicare prescription drug management program

The department may not pay for:

1. A prescription drug that is within a class of drugs covered under the Medicare

Prescription Drug, Improvement, and Modernization Act of 2003 [Pub. L. 108-173;

117 Stat. 2066; 42 U.S.C. 1396kk-1] and which is prescribed to a medical assistance

recipient who is also a Medicare beneficiary.

2. A prescription drug that is not covered and for which no drug in its class is covered

under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003

[Pub. L. 108-173; 117 Stat. 2066; 42 U.S.C. 1396kk-1] and which is prescribed for an

individual who is a medical assistance recipient and a Medicare beneficiary unless

federal medical assistance matching funds are available at no less than the federal

medical assistance percentage and the department determines that the drug is

medically necessary for the individual.
N.D. Cent. Code § 50-06.5-04 — ND Code / Title 50 / Chapter 50-06.5 / Section 50-06.5-04
50-06.5-04. Duties of the statewide independent living council
Status: in_force

50-06.5-04. Duties of the statewide independent living council

The council shall fulfill the duties as set forth in section 796d of the federal Rehabilitation Act

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

monitoring, implementing the state plan for independent living; developing or assisting in the

development of required state and federal reports; recordkeeping; coordinating with other state

entities that provide similar or complementary services; and preparing, in conjunction with the

designated state entity, a plan for the provision of resources needed to carry out the functions of

the state plan for independent living and as defined within the federal Rehabilitation Act of 1973,

as amended.
N.D. Cent. Code § 50-24.8-14 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-14
50-24.8-14. Authorization to adopt rules
Status: in_force

50-24.8-14. Authorization to adopt rules

The attorney general may adopt rules, pursuant to chapter 28-32, to implement this chapter.
N.D. Cent. Code § 50-06-06.4 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.4
50-06-06.4. Comprehensive community residential program
Status: in_force

50-06-06.4. Comprehensive community residential program

It is the intent of the legislative assembly that the department implement a comprehensive

community residential program for children with developmental disabilities, including the use of

intermediate care facilities and other such foster home and group home resources as deemed

appropriate.
N.D. Cent. Code § 50-01.2-03.2 — ND Code / Title 50 / Chapter 50-01.2 / Section 50-01.2-03.2
50-01.2-03.2. County duties
Status: in_force

50-01.2-03.2. County duties

Expired under S.L. 2019, ch. 391, § 75.
N.D. Cent. Code § 50-11.1-07 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-07
50-11.1-07. Investigation of applicant, licensee, holder of self-declaration or registration document, and staff members - Inspection of programs and premises - Maintenance of records - Confidentiality of records
Status: in_force

50-11.1-07. Investigation of applicant, licensee, holder of self-declaration or

registration document, and staff members - Inspection of programs and premises -

Maintenance of records - Confidentiality of records.

1. The department at any time may investigate and inspect an early childhood program,

or a holder of a self-declaration or registration document and the conditions of their

premises, the qualifications of current and prospective staff members, of any in-home

provider or applicant seeking or holding a license, self-declaration, or registration

document under this chapter.

2. Upon request of the department, the state fire marshal, or the fire marshal's designee,

shall inspect the premises for which a license, four-year old program approval, or

self-declaration is applied or issued and shall report the findings to the department.

3. A licensee, holder of a self-declaration, or registrant shall:

a. Maintain records as the department prescribes regarding each child in the

licensee's, holder's, or registrant's care and control, and shall report to the

department, when requested, on the forms provided in the manner prescribed by

the department, facts the department may require with reference to each child;

b. Admit for inspection the department and open for examination all records, books,

and reports; and

c. Notify the parent of each child receiving early childhood services and all staff

members of the process for reporting a complaint or a suspected licensing

violation.

4. Except as provided in subsection 5, all records and information maintained with

respect to any child receiving early childhood services are confidential and must be

properly safeguarded and may not be disclosed except:

a. In a judicial proceeding;

b. To officers of the law or other legally constituted boards or agencies;

c. To persons having a definite interest in the well-being of the child concerned and

who, in the judgment of the department, are in a position to serve the child's

interests should that be necessary;

d. To a provider or applicant that provides or provided care for the child; or

e. As outlined in a department-approved data sharing agreement.

5. A provider, upon the request of the parent of a child for whom the provider provides

such services, shall make available to the parent a list of the names, telephone

numbers, and addresses of the parents of children for whom early childhood services

are provided. The list may include only the names, telephone numbers, electronic mail

addresses, and addresses of parents who grant the provider permission to disclose

that information.

6. The following information for licensees, self-declarations, in-home providers, staff

members, and adults residing in a home out of which early childhood services are

provided is not confidential:

a. Name;

b. Address;

c. Telephone number; and

d. Electronic mail address.
N.D. Cent. Code § 50-24.4-30 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-30
50-24.4-30. Government nursing facility funding pool
Status: repealed

50-24.4-30. Government nursing facility funding pool

Repealed by S.L. 2005, ch. 436, § 2.
N.D. Cent. Code § 50-24.1-41 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-41
50-24.1-41. Medical assistance benefits - Pregnant women - Postpartum
Status: in_force

50-24.1-41. Medical assistance benefits - Pregnant women - Postpartum

The department shall seek the necessary approval from the centers for Medicare and

Medicaid services to expand medical assistance coverage for pregnant women with income

below one hundred seventy-five percent of the federal poverty level. Services under this section

must be for the duration of the pregnancy and the postpartum period consisting of the

twelve-month period beginning on the last day of the pregnancy.
N.D. Cent. Code § 50-24.1-03.3 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-03.3
50-24.1-03.3. Criminal background investigation - Fingerprinting required
Status: in_force

50-24.1-03.3. Criminal background investigation - Fingerprinting required

1. When the department determines a criminal history record check is appropriate, a

provider applicant, a provider, or an individual with a five percent or more direct or

indirect ownership interest in the provider applicant or provider shall secure, from any

agency authorized to take fingerprints, two sets of fingerprints and shall provide all

other information necessary to secure state criminal history record information and a

nationwide background check under federal law.

2. The applicant provider or provider shall assure the information obtained under

subsection 1 is provided to the department within thirty days of the notice date.

3. The department shall submit the information and fingerprints to the bureau of criminal

investigation to determine if there is any criminal history record information regarding

the applicant provider, provider, or an individual with a five percent or more direct or

indirect ownership interest in the provider applicant or provider in accordance with

section 12-60-24.

4. The bureau of criminal investigation shall request a nationwide background check from

the federal bureau of investigation and, upon receipt of response, provide the

response of the federal bureau of investigation to the department. The bureau also

shall provide any criminal history record information that lawfully may be made

available under chapter 12-60 to the department.

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

6. Upon request by the applicant provider, provider, or an individual with a five percent or

more direct or indirect ownership interest in the provider applicant or provider, a law

enforcement agency shall take fingerprints of individuals described in this section if the

request is made for purposes of this section.

7. The applicant provider, provider, or an individual with a five percent or more direct or

indirect ownership interest in the provider applicant or provider shall pay the cost of

securing fingerprints, any criminal history record information made available under

chapter 12-60, and a nationwide background check.

8. The department may charge a fee not to exceed the actual cost for the purpose of

processing the background investigations.

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

reasonable fee to offset the cost of the fingerprinting.

10. The department may use the background information findings to determine approval of

Medicaid services provider application or termination of enrollment as a Medicaid

services provider. An individual denied or terminated as a Medicaid service provider as

a result of the background investigation may not be qualified to enroll as a provider,

have five percent or greater ownership or control interest in a Medicaid services

provider, or submit claims for reimbursement through the department's Medicaid

management information system.
N.D. Cent. Code § 50-24.4-19.1 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-19.1
50-24.4-19.1. Rates for private rooms - Payments by a third party on behalf of medical assistance recipients
Status: in_force

50-24.4-19.1. Rates for private rooms - Payments by a third party on behalf of medical

assistance recipients.

1. Notwithstanding section 50-24.4-19, a nursing home may receive a payment, in

addition to payment of the rate set under this chapter, for the use of a private room by

a resident who receives medical assistance benefits if:

a. The private room is not medically necessary;

b. The resident, or another person acting on behalf of the resident, has requested

the private room and the nursing home informs the person making the request, at

the time of the request, of the amount of the payment; and

c. The payment does not exceed the amount that the nursing home charges

private-paying residents for a private room under subsection 1 of section

50-24.4-19.

2. For purposes of this chapter, a private room is a covered service only if medically

necessary for the care of a resident.
N.D. Cent. Code § 50-24.5-06 — ND Code / Title 50 / Chapter 50-24.5 / Section 50-24.5-06
50-24.5-06. Appropriation of county funds - Reimbursement by department - Reimbursement by county agency
Status: repealed

50-24.5-06. Appropriation of county funds - Reimbursement by department -

Reimbursement by county agency.

Repealed by S.L. 1997, ch. 403, § 13.
N.D. Cent. Code § 50-11.1-02 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-02
50-11.1-02. Definitions
Status: in_force

50-11.1-02. Definitions

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

1. "Applicant" means the person applying for a license to operate early childhood

services as an owner of an early childhood program, self-declaration, or registered

in-home provider.

2. "Child care center" means an early childhood program licensed to provide early

childhood services to nineteen or more children.

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

4. "Drop-in care" means the care of children on a one-time, occasional, or unscheduled

basis to meet the short-term needs of families.

5. "Early childhood program" means any program licensed under this chapter where

early childhood services are provided for at least two hours a day for three or more

days a week.

6. "Early childhood services" means the care, supervision, education, or guidance of a

child or children, which is provided in exchange for money, goods, or other services.

Early childhood services does not include:

a. Substitute parental child care provided pursuant to chapter 50-11.

b. Child care provided in any educational facility, whether public or private, in grade

one or above.

c. Child care provided in a kindergarten which has been established pursuant to

chapter 15.1-22 or a nonpublic elementary school program approved pursuant to

section 15.1-06-06.1.

d. Child care, preschool, and prekindergarten services provided to children under

six years of age in any educational facility through a program approved by the

department.

e. Child care provided in facilities operated in connection with a church, business, or

organization where children are cared for during periods of time not exceeding

four continuous hours while the child's parent is attending church services or is

engaged in other activities, on the premises.

f. Schools or classes for religious instruction conducted by religious orders during

the summer months for not more than two weeks, Sunday schools, weekly

catechism, or other classes for religious instruction.

g. Summer resident or day camps for children which serve no children under

six years of age for more than two weeks.

h. Sporting events, practices for sporting events, or sporting or physical activities

conducted under the supervision of an adult.

i. Head start and early head start programs that are federally funded and meet

federal head start performance standards.

j. Child care provided in a medical facility by medical personnel to children who are

ill.

k. A child care program certified by and in good standing with the United States

department of defense family child care certification program, in accordance with

department of defense instruction 6060.02, child development programs.

7. "Family child care" means a private residence licensed to provide early childhood

services for no more than seven children at any one time, except that the term

includes a residence licensed to provide early childhood services to two additional

school-age children.

8. "Four-year old program" means an approved child care program operated by a public

or private educational entity designed to serve children in the year before kindergarten.

9. "Group child care" means a child care program licensed to provide early childhood

services for thirty or fewer children.

10. "Household member" means an adult living in the private residence out of which a

program is operated, regardless of whether the adult is living there permanently or

temporarily.

11. "In-home provider" means any person who provides early childhood services to

children in the children's home.

12. "Licensed" means an early childhood program has the rights, authority, or permission

granted by the department to operate and provide early childhood services.

13. "Licensee" means the person to which a license has been issued under this chapter.

14. "Multiple licensed program" means an early childhood program licensed to provide

more than one type of early childhood services.

15. "Operator" means the person that has operational responsibility for the early childhood

program and premises at which the early childhood service operates.

16. "Owner" means the person who has legal responsibility for the early childhood

program and premises at which the early childhood service operates.

17. "Parent" means an individual with the legal relationship of father or mother to a child or

an individual who legally stands in place of a father or mother, including a legal

guardian or custodian.

18. "Premises" means the indoor and outdoor areas approved for providing early

childhood services.

19. "Preschool" means a program licensed to offer early childhood services, which follows

a preschool curriculum and course of study designed primarily to enhance the

educational development of the children enrolled and which serves no child for more

than three hours per day.

20. "Provider" means an early childhood program, self-declaration, or registered in-home

provider.

21. "Public approval" means a nonlicensed early childhood program operated by a

government entity that has self-certified that the program complies with this chapter.

22. "Registrant" means the holder of an in-home provider registration document issued by

the department in accordance with this chapter.

23. "Registration" means the process whereby the department maintains a record of all

in-home providers who have stated that they have complied or will comply with the

prescribed standards and adopted rules.

24. "Registration document" means a written instrument issued by the department to

publicly document that the registrant has complied with this chapter and the applicable

rules and standards as prescribed by the department.

25. "School-age child care" means a child care program licensed to provide early

childhood services on a regular basis for children aged at least five years through

eleven years.

26. "School-age children" means children aged at least five years but less than twelve

years of age.

27. "Self-declaration" means voluntary documentation of an individual providing early

childhood services in a private residence for up to five children through the age of

eleven, of which no more than three may be under the age of twenty-four months.

28. "Staff member" means an individual:

a. Who is an employee or operator of an early childhood provider;

b. Whose activities involve the care, supervision, or guidance of children of an early

childhood provider; or

c. Who may have unsupervised access to children under the care, supervision, or

guidance of an early childhood provider.
N.D. Cent. Code § 50-31-05 — ND Code / Title 50 / Chapter 50-31 / Section 50-31-05
50-31-05. Issuance, suspension, and revocation of license
Status: in_force

50-31-05. Issuance, suspension, and revocation of license

1. The department may issue licenses to operate substance use disorder treatment

programs, for a period of three years, which are found to comply with the provisions of

this chapter and rules adopted by the department.

2. The department may suspend or revoke a license if a program violates any of the rules

adopted by the department.

3. Before a license may be suspended or revoked, written notice by registered mail,

personal delivery, or electronic mail must be given to the licenseholder. The

licenseholder must be furnished with a copy of the notice by registered mail or

personal delivery. If a license is revoked, a new application for a license may be

considered by the department when the conditions upon which the revocation were

based have been corrected and evidence of this fact has been satisfactorily furnished.

A new license may then be granted after proper inspection has been made and the

applicant has complied with all rules adopted by the department. Within thirty days

after service of the written charges, the applicant or licensee may submit to the

department a written request for an administrative hearing as provided in chapter

28-32.
N.D. Cent. Code § 50-25.1-09.1 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-09.1
50-25.1-09.1. Employer retaliation prohibited - Penalty
Status: in_force

50-25.1-09.1. Employer retaliation prohibited - Penalty

1. An employer that retaliates against an employee solely because the employee in good

faith reported having reasonable cause to suspect that a child was abused or

neglected, or died as a result of abuse or neglect, or because the employee is a child

with respect to whom a report was made, is guilty of a class B misdemeanor. It is a

defense to any charge brought under this section that the presumption of good faith,

described in section 50-25.1-09, has been rebutted.

2. The employer of an individual required or permitted to report pursuant to section

50-25.1-03 which retaliates against the individual because of a report of abuse or

neglect, or a report of a death resulting from child abuse or neglect, is liable to that

individual in a civil action for all damages, including exemplary damages, costs of the

litigation, and reasonable attorney's fees.

3. There is a rebuttable presumption that any adverse action within ninety days of a

report is retaliatory. For purposes of this subsection, an "adverse action" is action

taken by an employer against the individual making the report or the child with respect

to whom a report was made, including:

a. Discharge, suspension, termination, or transfer from any facility, institution,

school, agency, or other place of employment;

b. Discharge from or termination of employment;

c. Demotion or reduction in remuneration for services; or

d. Restriction or prohibition of access to any facility, institution, school, agency, or

other place of employment or individuals affiliated with it.
N.D. Cent. Code § 50-11-06.4 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-06.4
50-11-06.4. Contents of license
Status: repealed

50-11-06.4. Contents of license

Repealed by S.L. 1993, ch. 472, § 25.
N.D. Cent. Code § 50-24.1-02.2 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-02.2
50-24.1-02.2. Community spouse resource allowance
Status: in_force

50-24.1-02.2. Community spouse resource allowance

In determining eligibility for medical assistance applicants and recipients, the department

shall establish a community spouse resource allowance equal to the maximum community

spouse resource allowance as provided by 42 U.S.C. 1396r-5(f)(2). This section applies to a

community spouse of an institutionalized spouse. For purposes of this section, "institutionalized

spouse" includes an individual who is described in 42 U.S.C. 1396a(a)(10)(A)(ii)(VI).
N.D. Cent. Code § 50-06-27 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-27
50-06-27. Prescription drug monitoring program
Status: repealed

50-06-27. Prescription drug monitoring program

Repealed by S.L. 2007, ch. 212, § 2.
N.D. Cent. Code § 50-24.1-08 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-08
50-24.1-08. Statute of limitations does not run
Status: in_force

50-24.1-08. Statute of limitations does not run

The statute of limitations does not run against claims of the state of North Dakota for

repayment of medical assistance provided under this chapter.
N.D. Cent. Code § 50-01-22 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-22
50-01-22. Actions and proceedings - Duty of state's attorneys
Status: repealed

50-01-22. Actions and proceedings - Duty of state's attorneys

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-09-14 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-14
50-09-14. Appeal and hearing - Review of child support actions
Status: in_force

50-09-14. Appeal and hearing - Review of child support actions

1. An applicant for or recipient of temporary assistance for needy families under this

chapter, aggrieved because of a human service zone's or state agency's decision or

delay in making a decision, may appeal to the state agency in the manner prescribed

by the state agency and must be afforded a reasonable notice and opportunity for a

fair hearing by the state agency. The state agency, on its own motion, may review

individual cases and make determinations which are binding upon the human service

zone. An applicant or recipient aggrieved by any such determination, upon request,

must be afforded reasonable notice and opportunity for a fair hearing by the state

agency. All decisions of the state agency made on an appeal are final and are binding

upon and must be complied with by the human service zone.

2. Any person aggrieved by an action taken by the state agency or a child support

agency under section 14-09-25, chapter 35-34, this chapter, or by the North Dakota

lottery director under chapter 53-12.1 to establish or enforce a child support order may

seek review of the action in the court of this state which issued or considered the child

support order. If an order for child support was issued by a court or administrative

tribunal in another jurisdiction, any person aggrieved by an action taken by the state

agency or a child support agency under section 14-09-25, chapter 35-34, this chapter,

or by the North Dakota lottery director under chapter 53-12.1 to enforce that order may

seek review of the action in any court of this state which has jurisdiction to enforce that

order, or if no court of this state has jurisdiction to enforce that order, in any court of

this state with jurisdiction over the necessary parties. Any review sought under this

subsection must be commenced within thirty days after the date of action for which

review is sought. A person who has a right of review under this subsection may not

seek review of the actions in a proceeding under chapter 28-32.
N.D. Cent. Code § 50-06-05.4 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-05.4
50-06-05.4. Duties of behavioral health clinic advisory groups
Status: in_force

50-06-05.4. Duties of behavioral health clinic advisory groups

Each behavioral health clinic advisory group of the state-operated behavioral health clinics

shall perform the following duties:

1. Provide information to the department relative to needs assessment and the planning

and development of resources for the effective and efficient delivery of high-quality

behavioral health services fully accessible to all citizens.

2. Review services and programs provided by the state-operated behavioral health

clinics and make periodic recommendations for improvement in services, programs, or

facilities.

3. Promote cooperation and working agreements with public agencies, including public

health and corrections and private behavioral health agencies.

4. Promote local and regional financing from public and private sources.
N.D. Cent. Code § 50-11-09.1 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-09.1
50-11-09.1. District court injunctions
Status: in_force

50-11-09.1. District court injunctions

The department may petition the district court for an injunction to stop or prevent a violation

of this chapter or of administrative rules adopted under this chapter.
N.D. Cent. Code § 50-11-05 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-05
50-11-05. Contents of records not disclosed - Exception
Status: in_force

50-11-05. Contents of records not disclosed - Exception

The records of facilities licensed, certified, or approved under this chapter and the records

of the department and its authorized agents, pertaining to the children or adults receiving care,

are confidential but may be disclosed:

1. In a judicial proceeding;

2. To officers of the law or other legally constituted boards or agencies; or

3. To persons who have a definite interest in the well-being of the adults or children

concerned, who are in a position to serve their interests, and who need to know the

contents of the records in order to assure their well-being and interests.
N.D. Cent. Code § 50-06.2-04 — ND Code / Title 50 / Chapter 50-06.2 / Section 50-06.2-04
50-06.2-04. Powers and duties of human service zones
Status: in_force

50-06.2-04. Powers and duties of human service zones

Each human service zone has the following powers and duties under this chapter:

1. To administer comprehensive human services for individuals and families at the

human service zone level in conformity with state and federal requirements under the

direction and supervision of the state agency.

2. To publish and provide to the state agency a human service zone plan that must

include the following:

a. A statement of the goals of human service zone human services in the human

service zone.

b. Methods used to identify persons in need of services and the social problems to

be addressed by the human service zone human services.

c. A description of each human service zone human services proposed and

identification of the agency or person proposed to provide the service.

d. The amount of money proposed to be allocated to each service.

e. An agreement to make available those human services required by state law and

by federal law or regulation as a condition for the receipt of federal financial

participation in programs administered by human service zones under the

provisions of this title.

The date of submission of the human service zone plan to the state agency must be

determined so that the plan is coordinated with the proposed and final comprehensive

human service zone plan.

3. To make available the human services detailed in the comprehensive human service

zone plan which the human service zone has included in the approved human service

zone plan and to provide such other human services as the human service zone

determines essential in effectuating the purposes of this chapter within the human

service zone. To the extent funding is available under section 50-06.2-03 and chapter

50-24.1, the human service zone plan must include the services enumerated in those

sections. The human service zone shall make these services available to any

individual requesting service and determined eligible on the basis of a functional

assessment conducted in accordance with state and federal laws and regulations. The

individual shall pay for the services in accordance with a fee scale based on family

size and income. The human service zone may contract with any qualified service

provider in its provision of those enumerated services.

4. To submit annually to the board of county commissioners a budget, approved by the

state agency, containing an estimate and supporting data, setting forth the funds

needed to carry out the provisions of this chapter.
N.D. Cent. Code § 50-06-33 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-33
50-06-33. Dementia care services
Status: in_force

50-06-33. Dementia care services

As used in this section, "client" means an individual with symptoms in alignment with mild

cognitive impairment or dementia and the individual's caregivers. The department shall contract

with a private provider for a dementia care services program in each area of the state served by

a state-operated behavioral health clinic. The dementia care services must include:

1. Providing information to medical professionals, law enforcement, first responders,

public health officials, and the public regarding:

a. The symptoms of Alzheimer's disease and related dementia;

b. The benefits of early detection and diagnosis;

c. Availability of treatments;

d. Research opportunities; and

e. Available services;

2. Providing consultation services to assess biological, psychological, social, emotional,

and spiritual needs;

3. Facilitating the referral of clients; and

4. Offering on demand training to direct care providers to manage and provide for the

care of individuals with symptoms in alignment with mild cognitive impairment or

dementia.
N.D. Cent. Code § 50-30-02 — ND Code / Title 50 / Chapter 50-30 / Section 50-30-02
50-30-02. North Dakota health care trust fund created - Uses - Continuing appropriation
Status: in_force

50-30-02. North Dakota health care trust fund created - Uses - Continuing

appropriation.

1. There is created in the state treasury a special fund known as the North Dakota health

care trust fund. The fund consists of revenue received from government nursing

facilities for remittance to the fund under former section 50-24.4-30. The department

shall administer the fund. The state investment board shall invest moneys in the fund

in accordance with chapter 21-10, and the income earned must be deposited in the

North Dakota health care trust fund. All moneys deposited in the North Dakota health

care trust fund are available to the department for:

a. Transfer to the long-term care facility loan fund, as authorized by legislative

appropriation, for making loans pursuant to the requirements of this chapter.

b. Payment, as authorized by legislative appropriation, of costs of other programs

authorized by the legislative assembly.

c. Repayment of federal funds, which are appropriated and may be spent if the

United States department of health and human services determines that funds

were inappropriately claimed under former section 50-24.4-30.

d. Operation and maintenance of the nurse aide registry.

2. The department shall continue to access the intergovernmental transfer program if

permitted by the federal government and if use of the program is found to be

beneficial.

3. Moneys in the fund may not be included in draft appropriation acts under section

54-44.1-06, except for the operation and maintenance of the nurse aide registry as

provided for in this section.
N.D. Cent. Code § 50-11.1-01 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-01
50-11.1-01. Purpose
Status: in_force

50-11.1-01. Purpose

The purpose of this chapter is to assure that children receiving early childhood services be

provided food, shelter, safety, comfort, supervision, and learning experiences commensurate to

their age and capabilities, so as to safeguard the health, safety, and development of those

children.
N.D. Cent. Code § 50-10.2-02 — ND Code / Title 50 / Chapter 50-10.2 / Section 50-10.2-02
50-10.2-02. Residents' rights - Implementation
Status: in_force

50-10.2-02. Residents' rights - Implementation

1. All facilities shall, upon a resident's admission, provide in hand to the resident and a

member of the resident's immediate family or the resident representative a statement

of the resident's rights during the admission process and while living in the facility.

Within thirty days after admission, the statement must be orally explained to the

resident and, if the resident is unable to understand, to the resident's immediate family

member and the resident representative, and thereafter annually so long as the

resident remains in the facility. The statement must include rights, responsibilities of

both the resident and the facility, and the facility rules governing resident conduct. A

facility shall treat a resident in accordance with provisions of the statement. The

statement must include provisions ensuring each resident the following minimum

rights:

a. The right to civil and religious liberties, including knowledge of available choices,

the right to independent personal decisions without infringement, and the right to

encouragement and assistance from the staff of the facility to promote the fullest

possible exercise of these rights.

b. The right to have private meetings, associations, and communications with any

person of the resident's choice within the facility.

c. The right to participate in the community.

d. The right of each resident, the resident's immediate family, the

resident representative, friends, facility staff, and other persons to present

complaints on the behalf of the resident to the facility's staff, the facility's

administrator, governmental officials, or to any other person, without fear of

reprisal, interference, coercion, discrimination, or restraint.

e. The right to send and receive unopened personal mail and electronic mail and the

right of access to and use of telephones and electronic devices for private

conversations.

f. The right to assured private visits, subject to restrictions to protect the health or

safety of the resident, by one's spouse, partner, or significant other, or if both are

residents of the same facility, the right to share a room, within the capacity of the

facility, unless sharing a room is not medically advisable as documented in the

medical records by the attending physician.

g. The right to manage one's own financial affairs if not under legal guardianship, or

to delegate the responsibility in writing to the administrator or manager of the

facility, but only to the extent of funds held in trust by the facility for the resident.

h. The right to be fully informed in writing prior to or at the time of admission and

during one's stay, of services provided and the charges for those services,

including ancillary charges.

i. The right to be adequately informed of one's medical condition and proposed

treatment and to participate in the planning of all medical treatment, including the

right to refuse medication and treatment, to be discharged from the facility upon

written request, and to be notified by the resident's attending physician of the

medical consequences of any such actions.

j. The right to have privacy in treatment and in caring for personal needs and to

have confidentiality in the treatment of personal and medical records.

k. The right to keep and use personal possessions, including furnishings and

clothing as space permits, unless keeping or using the personal possession

would infringe upon the rights, health, or safety of another resident.

l. The right to be treated courteously, fairly, and with the fullest measure of dignity.

m. The right to be free from mental and physical abuse, neglect, and financial

exploitation, and the right to be free from physical or chemical restraint except in

documented emergencies or when necessary to protect the resident from injury

to self or to others.

n. The right not to be transferred or discharged except for:

(1) Medical reasons;

(2) The resident's welfare or the safety of an individual in the facility who is

endangered due to the clinical or behavioral status of the resident;

(3) Nonpayment of one's rent or fees;

(4) A temporary transfer during times of remodeling; or

(5) The facility ceases to operate.

o. The right to receive at least a thirty-day written advance notice of any transfer or

discharge when the resident is being discharged to another facility or the

resident's own home, or when the resident is being transferred or discharged

because of a change in the resident's level of care; however, advance notice of

transfer or discharge may be less than thirty days if the resident has urgent

medical needs that require a more immediate transfer or discharge, or a more

immediate transfer or discharge is required to protect the health and safety of

residents and staff within the facility.

p. The right to refuse to perform services on behalf of the facility, unless agreed to

by the resident or legal guardian and established in the plan of care.

q. The right to a claim for relief against a facility for any violation of rights

guaranteed under this chapter.

r. The right to have each facility display a notice that the following information is

available for public review and make the information available on request:

(1) A complete copy of every inspection report, deficiency report, and plan of

correction the facility received during the previous three years.

(2) The facility's grievance process.

(3) A copy of the statement of ownership, board membership, and partners.

(4) A statement of ownership setting forth any conflict of interest in the

operation of the facility.

s. The right to a pharmacist of the resident's choice irrespective of the type of

medication distribution system used by the facility, and to not be charged a fee or

receive a financial incentive or disincentive for choosing a pharmacy other than

the facility's preferred pharmacy. The resident may not be charged for

repackaging if that cost can be included on the facility cost report.

t. The right to not be discriminated against by a facility in the admissions process or

in the provision of appropriate care on the basis of the resident's source of

payment to the facility.

u. The right of residents and their families to organize, maintain, and participate in

resident advisory and family councils.

v. The right of residents receiving services performed by a provider from outside the

facility to be informed, on request, of the identity of the provider.

2. If there is a change in the resident rights, laws, or regulations, the facility shall

promptly notify the resident, and, if the resident is unable to understand, a member of

the resident's immediate family or the resident representative.

3. For involuntary transfer and discharge actions taken by a facility, the written transfer or

discharge notice issued by the facility must include:

a. The reason for the transfer or discharge.

b. The effective date of transfer or discharge.

c. The location the resident is to be transferred or discharged to.

d. The name, mailing and electronic mail address, and telephone number of the

office of the state long-term care ombudsman.

4. The facility shall protect the resident from retaliation. The facility shall adopt a

grievance process and make the process known to each resident, the resident's

immediate family member, and the resident representative. A person making a

complaint in good faith is immune from any civil liability that otherwise might result

from making the complaint.

5. If a trust is established by the facility to hold the resident's funds, the facility shall

provide to the resident, resident representative, or an agent under a power of attorney

for financial decisions a written quarterly accounting of transactions made on behalf of

the resident, including an explanation of the transactions by the facility. The facility

shall pay out in full:

a. A resident's personal funds deposited with the facility or refunds due to the

resident upon discharge or eviction within thirty days, and provide a final

accounting of those funds to the resident, or in the case of death, in accordance

with state law.

b. Refunds due as a result of an overpayment to the facility within thirty days from

the date the overpayment is discovered.

c. Other refunds due to the resident upon discharge, eviction, or death within thirty

days from the resident's date of discharge from the facility.

6. The facility shall inform a resident, resident representative, an agent under a power of

attorney for financial decisions, or immediate family member, at least thirty days before

any change in the costs or availability of the services. A facility may not demand or

receive advance payment or gratuity to assure admission or for the resident to be

placed on a waiting list for admission.

7. A resident and the resident representative may view and authorize release of any

personal or medical records.

8. The use of a physical or chemical restraint in an emergency or if necessary to protect

the resident from injury to self or others must be authorized and documented by a

physician, nurse practitioner, or physician's assistant for a limited period of time. A

chemical restraint must be administered by a licensed nurse, physician, nurse

practitioner, or physician's assistant. Except as provided in this subsection, a drug or

physical restraint may not be used or threatened to be used for the purpose of

punishment, for the convenience of staff, for behavior conditioning, as a substitute for

rehabilitation or treatment, or for any other purpose not included in an approved

treatment plan.

9. Upon request, a facility shall provide an applicant for admission to a facility who is

denied admission the reason for the denial in writing. The facility shall note in the

written denial if the denial is based on the special characteristics or service limitations

of the facility.

10. A facility shall ensure a resident council meeting is attended by residents only or at the

invitation of a resident.

11. Waiver of any of the rights guaranteed by this chapter may not be made a condition of

admission to a facility or ongoing residence.

12. Each facility shall prepare a written plan and provide staff training to implement this

chapter.

13. The department shall develop and coordinate with the facility licensing and regulatory

agencies a relocation plan in the event a facility is decertified or unlicensed.
N.D. Cent. Code § 50-25.1-17 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-17
50-25.1-17. Toxicology testing - Requirements
Status: in_force

50-25.1-17. Toxicology testing - Requirements

1. If the woman has obstetrical complications that are a medical indication of possible

use of a controlled substance for a nonmedical purpose or alcohol misuse, upon the

consent of the pregnant woman, or without consent if a specimen is otherwise

available, a physician may administer a toxicology test to a pregnant woman under the

physician's care or to a woman under the physician's care within eight hours after

delivery to determine whether there is evidence that she has ingested a controlled

substance or alcohol. If the test results are positive, the physician may report the

results under section 50-25.1-03.1. A negative test result or the pregnant woman's

refusal to consent to a test does not eliminate the obligation to report under section

50-25.1-03 if other evidence gives the physician reason to believe the patient has used

a controlled substance for a nonmedical purpose or has engaged in alcohol misuse.

2. If a physician has reason to believe based on a medical assessment of the mother or

the infant that the mother used a controlled substance for a nonmedical purpose or

engaged in alcohol misuse during the pregnancy, the physician may administer,

without the consent of the child's parents or guardian, to the newborn infant born under

the physician's care a toxicology test to determine whether there is evidence of

prenatal exposure to a controlled substance or alcohol. If the test results are positive,

the physician may report the results as neglect under section 50-25.1-03. A negative

test result does not eliminate the obligation to report under section 50-25.1-03 if other

medical evidence of prenatal exposure to a controlled substance or alcohol misuse is

present.

3. A physician or any other medical personnel administering a toxicology test to

determine the presence of a controlled substance or alcohol in a pregnant woman, in a

woman within eight hours after delivery, or in a child at birth or during the first month of

life is immune from civil or criminal liability arising from administration of the test if the

physician ordering the test believes in good faith that the test is required under this

section and the test is administered in accordance with reasonable medical practice. A

physician or any other medical personnel who determines in good faith not to

administer a toxicology test under this section is immune from liability for not

administering the test.
N.D. Cent. Code § 50-12-15 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-15
50-12-15. Resident may bring child into state for permanent care - Report
Status: repealed

50-12-15. Resident may bring child into state for permanent care - Report

Repealed by S.L. 1975, ch. 445, § 3.
N.D. Cent. Code § 50-10.1-05 — ND Code / Title 50 / Chapter 50-10.1 / Section 50-10.1-05
50-10.1-05. Information to be posted - Retaliation prohibited
Status: in_force

50-10.1-05. Information to be posted - Retaliation prohibited

Information about the ombudsman program must be posted in a conspicuous place in each

long-term care facility, along with how to file a complaint concerning administrative actions

which affect any resident and the address where a complaint may be filed. Each resident, the

spouse of each resident having a spouse, and any designated representative of a resident must

be provided with information about the ombudsman program at the time the resident is admitted

to the long-term care facility. A long-term care facility, and its agents, may not take or threaten

retaliatory action against a resident, employee, or any other person on account of the filing of a

complaint by or on behalf of that resident, or on account of the providing of information to a

long-term care ombudsman constituting or relating to a complaint.
N.D. Cent. Code § 50-06-05.6 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-05.6
50-06-05.6. Committee on aging - Appointment - Expenses
Status: repealed

50-06-05.6. Committee on aging - Appointment - Expenses

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 50-09-27 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-27
50-09-27. Programs funded at state expense - Interpretation
Status: in_force

50-09-27. Programs funded at state expense - Interpretation

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

government, of:

a. Services provided under this chapter as child care assistance;

b. Services provided under this chapter as employment and training programs;

c. Temporary assistance for needy families benefits provided under this chapter;

and

d. Foster care and subsidized adoption costs under this chapter.

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

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

claim in the absence of this section.
N.D. Cent. Code § 50-06-01 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-01
50-06-01. Definitions
Status: in_force

50-06-01. Definitions

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

1. "Behavioral health" means the planning and implementation of preventive,

consultative, diagnostic, treatment, crisis intervention, rehabilitative, and suicide

prevention services for individuals with mental, emotional, or substance use disorders,

and psychiatric conditions.

2. "Behavioral health provider" means any licensed or accredited behavioral health

provider in this state.

3. "Certified community behavioral health clinic" means a private or public behavioral

health clinic or a state-operated behavioral health clinic designated by the department

to deliver a comprehensive range of mental health and substance use disorder

services in accordance with the certification criteria set forth by the department.

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

5. "Human services" means:

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

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

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

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

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

and nutrition, and housing.

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

in accordance with chapter 50-06.

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

by the department to a human service zone.

6. "State-operated behavioral health clinic" means a department-operated behavioral

health clinic established under section 50-06-05.2.
N.D. Cent. Code § 50-11.1-07.8 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-07.8
50-11.1-07.8. Suspension of license, self-declaration, or registration document - Assessment upon a report of child abuse or neglect - Notification
Status: in_force

50-11.1-07.8. Suspension of license, self-declaration, or registration document -

Assessment upon a report of child abuse or neglect - Notification.

1. The department may:

a. Suspend a license, self-declaration, or registration document at any time after the

onset of a child abuse and neglect assessment alleging the owner or staff, the

holder of a self-declaration, or the in-home provider:

(1) Committed child abuse, including child sexual abuse, law enforcement has

been involved, and continued operation is likely to jeopardize the health and

safety of the children; or

(2) Neglected a child, law enforcement has been involved, and continued

operation is likely to jeopardize the health and safety of the children.

b. Suspend a license, self-declaration, or registration document upon a child abuse

or neglect confirmed decision indicating a child has been abused or neglected by

the owner or staff, the holder of a self-declaration, or the in-home provider, if

continued operation is likely to jeopardize the health and safety of the children

present.

c. Prohibit the presence of an accused owner, holder of a self-declaration, in-home

provider, staff member, or adult or minor household member of the early

childhood program, self-declaration, or in-home provider from the early childhood

premises when children are in child care, upon a report of child abuse or neglect

at the premises of the early childhood program, holder of the self-declaration, or

registration, or involving a staff member or adult or minor household member if

continued operation or the presence of the accused individual is likely to

jeopardize the health and safety of the children present.

2. Notwithstanding sections 50-11.1-07 and 50-25.1-11, the department:

a. Shall notify the parent of any child receiving early childhood services if that

program's license, self-declaration, or registration document is suspended.

b. Shall notify the owner and operator, holder of a self-declaration, or in-home

provider and shall notify the parent of any child receiving early childhood services

if an owner, holder of a self-declaration, in-home provider, staff member, or adult

or minor household member of the program providing care of the child is the

subject of a child abuse and neglect assessment and the department determines:

(1) The reported child abuse or neglect places children in the early childhood

program, self-declaration, or in-home provider at risk of abuse or neglect;

and

(2) If the reported child abuse or neglect occurred outside the care, supervision,

or guidance of children in an early childhood program, self-declaration, or

in-home provider, there was an impact or is a potential impact on care,

supervision, or guidance of the children in the early childhood program,

self-declaration, or in-home provider.

c. Shall notify the owner and operator, holder of a self-declaration, or in-home

provider and shall notify the parent of any child receiving early childhood services

that an owner, holder of a self-declaration, in-home provider, staff member, or

adult or minor household member is prohibited from the premises of the early

childhood program, self-declaration, or in-home provider under subsection 1.

3. Upon the conclusion and disposition of a child abuse and neglect assessment for

which a confirmed decision is found or for which the department issued a notice under

subsection 2, the department shall provide notification of the disposition to the parent

of each child who at the time of the determination is receiving early childhood services.

4. Notwithstanding any provision to the contrary, any action taken under this section may

preclude an individual's ability to operate pending an appeal.

5. Notwithstanding subsections 2 and 3:

a. The department may reconsider a suspension or prohibition.

b. If law enforcement requests a delay in notification, the department may delay

notifying the owner and operator, holder of a self-declaration, or in-home provider

and delay notifying the parent of any child receiving early childhood services. To

be valid, a law enforcement request for a notification delay must be provided to

the department in writing within forty-eight hours of law enforcement receiving

notification of an alleged criminal matter. A notification delay may last up to sixty

days and, upon request of law enforcement, may be renewed.
N.D. Cent. Code § 50-12-02 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-02
50-12-02. Child-placing agency licensed - Rules
Status: in_force

50-12-02. Child-placing agency licensed - Rules

Every child-placing agency shall secure a license from the department of health and human

services. The department shall adopt rules establishing the requirements for licensure as a

child-placing agency.
N.D. Cent. Code § 50-06.2-08 — ND Code / Title 50 / Chapter 50-06.2 / Section 50-06.2-08
50-06.2-08. Service payments for elderly and disabled - Independent home and community-based services case manager - Pilot program
Status: in_force

50-06.2-08. Service payments for elderly and disabled - Independent home and

community-based services case manager - Pilot program.

Expired under S.L. 2013, ch. 135, § 2.
N.D. Cent. Code § 50-06-03.1 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-03.1
50-06-03.1. Social service board members with unexpired terms
Status: repealed

50-06-03.1. Social service board members with unexpired terms

Repealed by S.L. 1981, ch. 486, § 37.
N.D. Cent. Code § 50-10.3-04 — ND Code / Title 50 / Chapter 50-10.3 / Section 50-10.3-04
50-10.3-04. Additional safety requirements for residents of long-term care facilities
Status: in_force

50-10.3-04. Additional safety requirements for residents of long-term care facilities

A long-term care facility may establish additional safety requirements to protect the

residents. The facility may require an essential caregiver to provide personal protective

equipment for the essential caregiver and undergo any related training or assume the cost of

the personal protective equipment and any related training provided by the facility to allow the

essential caregiver to provide in-person physical, spiritual, or emotional support to a resident of

the long-term care facility.
N.D. Cent. Code § 50-24.8-04 — ND Code / Title 50 / Chapter 50-24.8 / Section 50-24.8-04
50-24.8-04. Investigation and action by attorney general
Status: in_force

50-24.8-04. Investigation and action by attorney general

The attorney general's Medicaid fraud control unit shall investigate an alleged violation of

this chapter and may file a civil action, a criminal action, or both against any person that violated

or is violating this chapter.
N.D. Cent. Code § 50-11.1-07.1 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-07.1
50-11.1-07.1. Notice
Status: in_force

50-11.1-07.1. Notice

After each inspection or reinspection, the department, by mail or electronic mail, shall send

copies of any correction order or notice of noncompliance, to the owner and operator of the

early childhood program or holder of a self-declaration.
N.D. Cent. Code § 50-24.1-15 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-15
50-24.1-15. Prehospital emergency medical services
Status: in_force

50-24.1-15. Prehospital emergency medical services

Medical assistance coverage must include prehospital emergency medical services benefits

in the case of a medical condition that manifests itself by symptoms of sufficient severity which

may include severe pain and which a prudent layperson who possesses an average knowledge

of health and medicine could reasonably expect the absence of medical attention to result in

placing the person's health in jeopardy, serious impairment of a bodily function, or serious

dysfunction of any body part. A medical assistance claim that meets the prudent layperson

standard of this section may not be denied by the department on the basis that the prehospital

emergency medical services were not medically necessary or that a medical emergency did not

exist.
N.D. Cent. Code § 50-06.5-01 — ND Code / Title 50 / Chapter 50-06.5 / Section 50-06.5-01
50-06.5-01. Definitions
Status: in_force

50-06.5-01. Definitions

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

1. "Center for independent living" means a consumer-controlled, community-based,

cross-disability, nonresidential, private, nonprofit agency that is designed and operated

within a local community by individuals with a disability, which can provide an array of

independent living services and complies with the standards and assurances in

accordance with section 796f-4 of the federal Rehabilitation Act of 1973, as amended

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

2. "Consumer control" means power and authority vested in individuals with a disability

and, when applied to a center for independent living, means more than fifty percent of

the principal governing board and management staff are individuals with a disability.

3. "Council" means the statewide independent living council.

4. "Designated state entity" means the vocational rehabilitation division of the department

of health and human services as defined in the state plan for independent living.

5. "Director" means the director of the designated state entity.

6. "Independent living core services" means information and referral services;

independent living skills training; peer counseling, including cross-disability peer

counseling; individual and systems advocacy; services that facilitate the transition of

an individual with a significant disability from a nursing home and other institutions to a

home and community-based residence, with the requisite supports and services; to

provide assistance to an individual with a significant disability who is at risk of entering

an institution so the individual may remain in the community; and to facilitate the

transition of youth who are individuals with a significant disability, who were eligible for

an individualized education program and who have completed their postsecondary

education or otherwise left school, to postsecondary life or have reached the age of

eighteen and are still receiving services in accordance with an individualized education

program and have not completed their postsecondary education.

7. "Independent living services" includes independent living core services and other

services as described in section 705 of the federal Rehabilitation Act of 1973, as

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

8. "Individual with a disability" means an individual with a physical or mental impairment

that substantially limits one or more of the major life activities of such individual, with a

record of impairment, or who is regarded as having such an impairment.

9. "Individual with a significant disability" means an individual with a severe physical or

mental impairment whose ability to function independently in the family or community

or whose ability to obtain, maintain, or advance in employment is substantially limited

and for whom the delivery of independent living services will improve the ability to

function, continue functioning, or move toward functioning independently in the family

or community or to continue in employment, respectively.
N.D. Cent. Code § 50-11-06.8 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-06.8
50-11-06.8. Criminal history record investigation - Fingerprinting required
Status: in_force

50-11-06.8. Criminal history record investigation - Fingerprinting required

1. Each facility providing foster care for children shall secure, from a law enforcement

agency or any other agency authorized to take fingerprints, two sets of fingerprints and

shall provide all other information necessary to secure state criminal history record

information and a nationwide background check under federal law from:

a. Any individual employed by, or providing care in, the facility; and

b. Any adult living in the facility, but not being provided care in the facility.

2. Each identified relative, at the request by the department, shall secure, from a law

enforcement agency or any other agency authorized to take fingerprints, two sets of

fingerprints and shall provide all other information necessary to secure state criminal

history record information and a nationwide background check under federal law from

the identified relative and any adult living in the home of the identified relative.

3. Each certified family foster home for children provider, at the request of the

department, shall secure from a law enforcement agency or any other agency

authorized to take fingerprints, two sets of fingerprints and shall provide all other

information necessary to secure state criminal history record information and a

nationwide background check under federal law from the certified family foster home

for children provider and any adult living in the home of the certified family foster home

for children provider.

4. The facility, certified family foster home for children provider, or identified relative shall

assure that information obtained under subsections 1, 2, and 3 is provided to the

department.

5. Upon receipt of all fingerprints and necessary information relating to a criminal history

record investigation, the department shall submit the information and fingerprints to the

bureau of criminal investigation. The department shall provide a copy of the state

criminal history record information response received from the bureau of criminal

investigation to the facility, certified family foster home for children provider, identified

relative, public agency, or authorized agent making the request.

6. The bureau of criminal investigation shall request a nationwide background check from

the federal bureau of investigation and, upon receipt of a response, provide the

response of the federal bureau of investigation to the department. The bureau of

criminal investigation also shall provide any criminal history record information that

may lawfully be made available under chapter 12-60 to the department.

7. Upon request by the operators of a facility, employees of a facility, certified family

foster home for children provider, or identified relative, a law enforcement agency shall

take fingerprints of individuals described in this section if the request is made for

purposes of this section.

8. The department shall pay the cost of securing fingerprints, any criminal history record

information made available under chapter 12-60, and a nationwide background check

for each facility providing foster care for children, certified family foster home for

children provider, and identified relative.

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

reasonable fee to offset the costs of the fingerprinting.

10. Except as provided in sections 50-11-02.4 and 50-11-06.9, the department shall

secure from a law enforcement agency or any other agency authorized to take

fingerprints two sets of fingerprints and all other information necessary to secure state

criminal history record information and a nationwide background check under federal

law from:

a. Any individual employed by, or providing care in, an adult family foster care

facility; and

b. Any adult living in an adult family foster care facility, but not being provided care

in the facility.

11. A criminal history record investigation completed under this section may be used to

satisfy the criminal history record investigation requirements of sections 25-03.2-03,

50-06-01.9, 50-06-01.10, 50-11.3-01, and 50-12-03.2. The federal bureau of

investigation's criminal history record investigation obtained from one criminal history

record investigation purpose may not be reused to satisfy the requirements for another

federal bureau of investigation's criminal history record investigation for a different

purpose.
N.D. Cent. Code § 50-24.6-08 — ND Code / Title 50 / Chapter 50-24.6 / Section 50-24.6-08
50-24.6-08. Financial incentives prohibited
Status: in_force

50-24.6-08. Financial incentives prohibited

The department may not offer or pay, directly or indirectly, any material inducement, bonus,

or other financial incentive to a participating provider based on the denial or delay of medically

necessary and appropriate prescription drug therapy or based on a reduction in the proportion

of recipients who receive prescription drug therapy under the medical assistance program.
N.D. Cent. Code § 50-24.4-17 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-17
50-24.4-17. Adjustments and reconsideration procedures
Status: in_force

50-24.4-17. Adjustments and reconsideration procedures

1. Rate adjustments may be made to correct errors subsequently determined and must

also be retroactive to the beginning of the facility's rate year except with respect to

rates paid by private-paying residents.

2. Any requests for reconsideration of the rate must be filed with the department's

medical services division for administrative consideration within thirty days of the date

of the rate notification.
N.D. Cent. Code § 50-11.1-07.7 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-07.7
50-11.1-07.7. Disposition of fiscal sanctions
Status: in_force

50-11.1-07.7. Disposition of fiscal sanctions

Any fiscal sanction which is collected for any violation of this chapter or of rules adopted

pursuant to this chapter must be paid into the state treasury for the general fund, after the costs

of recovering the fiscal sanction are deducted therefrom.
N.D. Cent. Code § 50-11.1-21 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-21
50-11.1-21. Four-year old program - Approval
Status: in_force

50-11.1-21. Four-year old program - Approval

1. A person or school district operating or seeking to operate a four-year old program

may request approval for a two-year period of the four-year old program from the

department. The department shall approve a four-year old program if the program:

a. Is taught by individuals licensed or approved to teach in early childhood

education by the education standards and practices board;

b. Follows four-year old program requirements approved by the department;

c. Is in compliance with all municipal and state health, fire, and safety requirements;

d. Limits enrollment to children who have reached the age of four years old before

August first in the year of enrollment, unless the child will be four years old before

December first and the school district determines, based on child development

factors, including development milestones, school readiness, and other individual

considerations, to allow a child to enroll based on a request;

e. Submits a nonrefundable fee of fifty dollars when the application is filed. 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

approval; and

f. Is in compliance with this chapter.

2. In determining the state aid payments to which a school district is entitled, the

superintendent of public instruction may not count a student enrolled in a regular

four-year old program.

3. The department may investigate and inspect a four-year old program applicant or

four-year old program and the conditions of the premises and the qualifications of

current and prospective staff. The department may use the findings of the investigation

and inspection to determine approval.

4. The department may revoke the four-year old program upon proper showing that:

a. Any applicable conditions as prerequisites for the issuance of the approval no

longer exist.

b. The program is no longer in compliance with the minimum standards prescribed

by the department.

c. The program approval was issued upon fraudulent or untrue presentation.

d. The program has violated any rules of the department.

5. If an action to revoke a four-year old program approval is appealed, the provider may

continue the operation of the program pending the final administrative determination or

until the approval expires, whichever occurs first.
N.D. Cent. Code § 50-25.1-04.2 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-04.2
50-25.1-04.2. Child fatality review panel
Status: in_force

50-25.1-04.2. Child fatality review panel

The child fatality review panel is a multidisciplinary panel and incorporates representatives

of agencies that are directly or indirectly involved in responding to the death of a child. The

department may designate any other person as appropriate to assist the panel in the

performance of the panel's duties. The department shall adopt rules for the operation of the

panel. Panel members are not entitled to compensation or reimbursement of expenses for

service on the panel. The representative of the department shall serve as presiding officer and

is responsible for gathering records and preparing reports to review. The presiding officer shall

set meetings for the purpose of fulfilling the duties set forth in sections 50-25.1-04.3 and

50-25.1-04.5.
N.D. Cent. Code § 50-25.1-05 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-05
50-25.1-05. Child protection assessment - Alternative response assessment - Family services assessment
Status: in_force

50-25.1-05. Child protection assessment - Alternative response assessment - Family

services assessment.

1. The department or authorized agent, in accordance with rules adopted by the

department, immediately shall initiate a child protection assessment, alternative

response assessment, or family services assessment or cause an assessment, of any

report of child abuse or neglect including, when appropriate, the child protection

assessment, alternative response assessment, or family services assessment of the

home or the residence of the child, any school or child care facility attended by the

child, and the circumstances surrounding the report of abuse or neglect.

2. According to guidelines developed by the department, the department or authorized

agent may initiate an alternative response assessment or family services assessment

if the department or authorized agent determines initiation is appropriate.

3. If the report alleges a violation of a criminal statute involving sexual or physical abuse,

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

contacting the law enforcement agency having jurisdiction over the alleged criminal

violation. The department or authorized agent and an appropriate law enforcement

agency shall coordinate the planning and execution of the child protection assessment

and law enforcement investigation efforts to avoid a duplication of factfinding efforts

and multiple interviews. If the law enforcement agency declines to investigate, the

department or authorized agent shall continue the child protection assessment to a

determination.

4. The department, the authorized agent, or the law enforcement agency may:

a. Refer the case to a children's advocacy center for a forensic interview, forensic

medical examination, and other services.

b. Interview, without the consent of a person responsible for the child's welfare, the

alleged abused or neglected child and any other child who currently resides or

who has resided with the person responsible for the child's welfare or the alleged

perpetrator.

c. Conduct the interview at a school, child care facility, or any other place where the

alleged abused or neglected child or other child is found.

5. Except as prohibited under title 42, Code of Federal Regulations, part 2, or title 34,

Code of Federal Regulations, part 99, a medical, dental, or mental health professional,

hospital, medical or mental health facility, health care clinic, or a public or private

school shall disclose to the department or the authorized agent, upon request, the

records of a patient, client, or student. The department, or the authorized agent, shall

limit the request for records to the minimum amount of records necessary to enable a

determination to be made or to support a determination of whether child abuse or

neglect is confirmed, confirmed with unknown subject, or unable to determine to

provide for the protection and treatment of an abused or neglected child.

6. The department shall adopt guidelines for case referrals to a children's advocacy

center. When cases are referred to a children's advocacy center, all interviews of the

alleged abused or neglected child conducted at the children's advocacy center under

this section must be audio-recorded or video-recorded.

7. The department or authorized agent shall complete an evidence-based screening tool

during a child protection assessment or a family services assessment.

8. The department or authorized agent may terminate in process a child protection

assessment upon a determination there is no credible evidence supporting the

reported abuse or neglect occurred.

9. If a report alleges institutional child abuse or neglect involving a public or private

school, the department or the department's authorized agent shall conduct a child

protection assessment. If practical, the department or the department's authorized

agent shall provide notice of the onset of a child protection assessment to the public or

private school. A public or private school may complete an investigation into any

conduct reported or alleged to constitute institutional child abuse or neglect at the

school's institution concurrently with a child protection assessment. If a public or

private school conducts an investigation concurrently with a child protection

assessment, the department or the department's authorized agent and the public or

private school shall coordinate the planning and execution of the child protection

assessment and public or private school investigation efforts to avoid a duplication of

fact finding efforts and multiple interviews if practical.

10. The department or authorized agent shall determine the military status of any

individual subject to an assessment, at the initiation of a child abuse or neglect

assessment. If the department determines an allegation of abuse or neglect involves a

military-affiliated individual, the department shall notify the nearest military installation's

family advocacy program of the allegation and investigation. The military installation is

responsible for reporting the data to the federal department of defense. The

department may develop a memorandum of understanding for use by the human

service zone. For purposes of this subsection:

a. "Military-affiliated individual" means an individual with an active military status and

the individual's dependents.

b. "Military status" includes any branch of the United States military, and the national

guard or reserve.
N.D. Cent. Code § 50-11-03.3 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-03.3
50-11-03.3. Department to provide liability coverage to foster homes for children
Status: in_force

50-11-03.3. Department to provide liability coverage to foster homes for children

1. The department shall provide liability coverage for acts or omissions of foster children

placed in the care of licensed, certified, or approved family foster homes for children.

The department may provide this liability coverage through self-insurance.

2. The liability coverage under this section:

a. Must provide coverage for damage to property which is caused by the act of a

foster child. This coverage must be for the lesser of the reasonable cost to repair

or to replace the damaged property.

b. Is secondary to any other coverage.

c. Except as provided in subdivision d, may not exceed five thousand dollars per

claim, with an annual maximum of ten thousand dollars per year per claimant.

The coverage under this subsection must include a deductible not to exceed one

hundred dollars per claim.

d. In cases in which the property damage per event total exceeds twenty-five

thousand dollars, the department may further review the claim. The department

may cover twenty-five percent of the remaining property damage after any

insurance reimbursement, not to exceed ten thousand dollars.

3. The department may provide for exclusions from liability coverage provided under this

section.
N.D. Cent. Code § 50-09-15.1 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-15.1
50-09-15.1. Child support improvement account - Continuing appropriation
Status: in_force

50-09-15.1. Child support improvement account - Continuing appropriation

The child support improvement account is established as a special account in the state

treasury. Five percent of the total amount of child support incentive payments paid to the state

by the office of child support enforcement of the United States department of health and human

services must be deposited into the child support improvement account. The funds in the child

support improvement account, the balance of the child support incentives account on July 1,

2005, and any matching federal funds received by the state agency are appropriated on a

continuing basis for the sole purpose of producing increases in child support collections, federal

child support incentives, or other revenue or savings to the state agency, or reductions in unpaid

child support, that exceed the total amount of improvement funds expended. Improvement funds

may be used to sponsor training and publications that promote child support enforcement

activities. The state agency shall develop and maintain a business plan that defines the goals

and objectives of the child support enforcement program, identifies methods to increase child

support collections or reduce unpaid child support, and outlines the process for evaluating

progress toward the goals and objectives in the business plan. The state agency must maintain

a record of its use of improvement funds and the anticipated result from the use of the funds.

Improvement funds may only be used for activities that are included in the business plan

maintained under this section.
N.D. Cent. Code § 50-11.1-08 — ND Code / Title 50 / Chapter 50-11.1 / Section 50-11.1-08
50-11.1-08. Minimum standards - Rules - Inspection by a governmental unit
Status: in_force

50-11.1-08. Minimum standards - Rules - Inspection by a governmental unit

The department may:

1. Establish reasonable minimum standards for the operation of early childhood

programs, self-declaration, and the registration of in-home providers. In appropriate

circumstances and upon good cause shown, specific minimum standards may be

substituted by alternate, equivalent standards, approved by the department.

2. Take such action and make reasonable rules for the regulation of early childhood

services necessary to carry out the purposes of this chapter and entitle the state to

receive aid from the federal government.

3. Authorize a governmental unit to:

a. Inspect the premises for which a license, self-declaration, or registration

document is applied or issued under this chapter; and

b. Certify to the department that the premises of a program, holder of

self-declaration, or registration document meets the requirements of this chapter

and the minimum standards prescribed by the department.
N.D. Cent. Code § 50-24.1-02.3 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-02.3
50-24.1-02.3. When designated pre-need funeral service contracts, prepayments, or deposits not to be considered in eligibility determination
Status: in_force

50-24.1-02.3. When designated pre-need funeral service contracts, prepayments, or

deposits not to be considered in eligibility determination.

1. In determining eligibility for medical assistance, the department may not consider as

an available resource any pre-need funeral service contracts, prepayments, or

deposits to a fund which are placed in an irrevocable itemized funeral contract

designated by the applicant or recipient to pay for the applicant's or recipient's funeral.

2. An applicant or recipient designates a prepayment or deposit for that applicant's or

recipient's burial by providing funds that must be used for the funeral or burial

expenses of the applicant or recipient. If an applicant's or recipient's burial is funded by

an insurance policy, the amount considered set-aside for burial is the lesser of the cost

basis or the face value of the insurance policy. Interest or earnings retained in a

funeral fund also may not be considered as an available resource.

3. A pre-need funeral service contract, prepayment, or deposit designated under this

section is not a multiple-party account for purposes of chapter 30.1-31. Any amount in

a pre-need funeral service contract, prepayment, or deposit designated under this

section which is not used for funeral or burial expenses must be returned to the estate

of the medical assistance recipient and is subject to recovery by the department from

the medical assistance recipient's estate. A claim for payment of funeral expenses may

not be made against the estate of a deceased medical assistance recipient except to

the extent the funds are maintained in accordance with this chapter.
N.D. Cent. Code § 50-06-06.3 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.3
50-06-06.3. Facility staff training
Status: in_force

50-06-06.3. Facility staff training

It is the intent of the legislative assembly that the department maintain a facility staff training

system to assure adequate and appropriate staff development and training for the providers of

community-based care on behalf of individuals with developmental disabilities.
N.D. Cent. Code § 50-25.1-19 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-19
50-25.1-19. Child protective services duties - Training requirements
Status: in_force

50-25.1-19. Child protective services duties - Training requirements

1. The department or authorized agent, at the initial time of contact with an individual

subject to a child abuse or neglect assessment, shall advise the individual of the

specific complaints or allegations made against the individual.

2. The department or authorized agent shall provide training to all representatives of the

child protective services system regarding the legal duties of the representatives. The

training may consist of various methods of informing the representatives of these

duties, to protect the legal rights and safety of children and families from the initial time

of contact during assessment through treatment.

3. The department shall adopt rules to implement the requirements of this section.
N.D. Cent. Code § 50-30-06 — ND Code / Title 50 / Chapter 50-30 / Section 50-30-06
50-30-06. Chapter does not create entitlement
Status: in_force

50-30-06. Chapter does not create entitlement

Expired under S.L. 1999, ch. 429, § 9.
N.D. Cent. Code § 50-32-05 — ND Code / Title 50 / Chapter 50-32 / Section 50-32-05
50-32-05. Assisted living facilities - Duties - Educational requirements
Status: in_force

50-32-05. Assisted living facilities - Duties - Educational requirements

1. Each assisted living facility must have clear, concise, and understandable tenancy

criteria that is fully disclosed to all tenants, in writing, before the tenancy agreement is

signed. Before a facility unit is rented, the facility or landlord shall evaluate the tenant's

ability to meet the facility's tenancy criteria.

2. Each assisted living facility shall require the administrator of the facility to complete

twelve hours of continuing education per year. The assisted living facility shall require

all direct care staff to receive annual education or training in the areas of:

a. Resident rights;

b. Fire and accident prevention and training;

c. Mental and physical health needs of tenants;

d. Behavior problems and prevention; and

e. Control of infection, including universal precautions.

3. Each assisted living facility shall maintain a record for each tenant. The tenant record

must include:

a. An initial evaluation to meet tenancy criteria;

b. The tenancy agreement signed by the tenant or the tenant's legal representative;

c. If applicable, a medication administration record that documents medication

administration consistent with applicable state laws, rules, and practices; and

d. An itemized list of services provided for the tenant.

4. Before hiring, the assisted living facility shall conduct a reference and previous

employment check and a check of applicable registries of each applicant being

considered for employment at the facility.

5. At least once every twenty-four months, each assisted living facility shall conduct a

consumer satisfaction survey. The assisted living facility shall provide each tenant with

a copy of the results of the survey.
N.D. Cent. Code § 50-24.4-20 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-20
50-24.4-20. Temporary payments - Correction orders
Status: in_force

50-24.4-20. Temporary payments - Correction orders

For a period not to exceed one hundred eighty days from the date of mailing formal notice,

the department may continue to make medical assistance payments to a nursing home which is

in violation of this chapter if extreme hardship to the residents would otherwise result. In these

cases, the department shall issue an order requiring the nursing home to correct the violation.

The nursing home has twenty days from its receipt of the order to correct the violation. If the

violation is not corrected within the twenty-day period, the department may reduce the payment

rate to the nursing home by up to twenty percent. The amount of the payment rate reduction

must be related to the severity of the violation and must remain in effect until the violation is

corrected. The nursing home may seek reconsideration of or appeal the department's action

pursuant to the provisions of sections 50-24.4-17 and 50-24.4-18.
N.D. Cent. Code § 50-11-02.3 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-02.3
50-11-02.3. Maximum qualified residential treatment program bed capacity
Status: in_force

50-11-02.3. Maximum qualified residential treatment program bed capacity

Notwithstanding sections 50-11-02 and 50-11-09, the department shall determine the

maximum number of licensed qualified residential treatment program bed capacity for children

based upon a needs assessment conducted by the department.
N.D. Cent. Code § 50-24.1-02.7 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-02.7
50-24.1-02.7. Workers with disabilities coverage
Status: in_force

50-24.1-02.7. Workers with disabilities coverage

The department shall establish and implement a buyin program to provide medical

assistance to an individual who, except for substantial gainful activity, meets the definition of

disabled under the supplemental security income program under title XVI of the federal Social

Security Act, who is at least sixteen but less than sixty-five years of age, and who is gainfully

employed. The program:

1. Must be made available to an individual with a disability who is a member of a

household with a net income less than two hundred twenty-five percent of the most

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

budget applicable to the household size;

2. Must allow up to an additional ten thousand dollars in assets;

3. Must require the payment of a premium that is based upon a sliding scale which may

not be less than two and one-half percent nor more than seven and one-half percent of

the individual's gross countable income;

4. Must include a one-time program enrollment fee of one hundred dollars;

5. Must provide that the failure of an enrolled individual to pay premiums for three months

may result in the termination of enrollment in the program; and

6. May not require the payment of a premium or enrollment fee or disenroll an individual

for failure to pay a premium or enrollment fee for workers with disabilities coverage

during a federally declared emergency if collection of the premium or enrollment fee

may impact the receipt of federal funds.
N.D. Cent. Code § 50-06-17 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-17
50-06-17. Biennial report - Budget estimates
Status: in_force

50-06-17. Biennial report - Budget estimates

The department shall submit to the governor and the office of management and budget the

biennial report and budget estimate in accordance with sections 54-06-04 and 54-44.1-04.
N.D. Cent. Code § 50-25.1-05.1 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-05.1
50-25.1-05.1. Child abuse or neglect assessment decision - How determined
Status: in_force

50-25.1-05.1. Child abuse or neglect assessment decision - How determined

Upon completion of the child protection assessment of the initial report of child abuse or

neglect, a decision must be made whether confirmed, confirmed with unknown subject,

unconfirmed, or unable to determine abuse or neglect of a child.

1. This determination is the responsibility of the department.

2. A decision of confirmed may not be made if the suspected child abuse or neglect

arises solely out of conduct involving the lawful practice of religious beliefs by a parent

or guardian. This exception does not preclude a court from ordering that medical

services be provided to the child if the child's life or safety requires such an order or

the child is subject to harm or threatened harm.
N.D. Cent. Code § 50-29-01 — ND Code / Title 50 / Chapter 50-29 / Section 50-29-01
50-29-01. Definitions
Status: in_force

50-29-01. Definitions

As used in this chapter:

1. "Children eligible for medical assistance" means the population eligible for Medicaid

before the expansion of medical assistance as authorized by the federal Patient

Protection and Affordable Care Act [Pub. L. 111-148], as amended by the Health Care

and Education Reconciliation Act of 2010 [Pub. L. 111-152].

2. "Children's health insurance program" means a program to provide health assistance

to low-income children funded through title XXI of the federal Social Security Act

[42 U.S.C. 1397aa et seq.].

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

4. "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.

5. "Plan" means the children's health insurance program state plan.

6. "Poverty line" means the official income poverty line as defined by the United States

office of management and budget and revised annually in accordance with section

9902(2) of title 42 of the United States Code, applicable to a family of the size

involved.
N.D. Cent. Code § 50-09-34 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-34
50-09-34. Administration of child support enforcement activities
Status: repealed

50-09-34. Administration of child support enforcement activities

Repealed by S.L. 2007, ch. 417, § 15.
N.D. Cent. Code § 50-11-02.2 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-02.2
50-11-02.2. Provisional license, certification, or approval
Status: in_force

50-11-02.2. Provisional license, certification, or approval

At the discretion of the department, a provisional license, certification, or approval may be

issued to an applicant who, or whose facility, fails to conform in all respects to this chapter and

the rules of the department. The department may set conditions under which a provisional

license, certification, or approval may be issued, and may issue such a license, certification, or

approval for any period of time, not to exceed two years, as the department may deem

reasonable or appropriate to the circumstances of the case. The department may not be

compelled to issue a provisional license, certification, or approval.
N.D. Cent. Code § 50-10.2-05 — ND Code / Title 50 / Chapter 50-10.2 / Section 50-10.2-05
50-10.2-05. Furnishing financial information
Status: in_force

50-10.2-05. Furnishing financial information

A facility may request that an applicant for admission, a resident of the facility, or the

applicant's or resident's legal representative furnish financial information regarding income and

assets, including information regarding any transfers or assignments of income or assets. A

facility may deny admission to an applicant for admission who is unable to verify a viable

payment source.
N.D. Cent. Code § 50-09-06 — ND Code / Title 50 / Chapter 50-09 / Section 50-09-06
50-09-06. Application for assistance
Status: in_force

50-09-06. Application for assistance

Application for assistance under this chapter must be made to the human service zone or

state agency in the manner and form prescribed by the state agency. The application must

contain such information as the state agency may require, and the action of the state agency in

approving and granting assistance or in disapproving and denying assistance is final and

binding on the human service zone.
N.D. Cent. Code § 50-06-01.1 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-01.1
50-06-01.1. Department of health and human services to be substituted for public welfare board of North Dakota and social service board of North Dakota, members of board, commissioner, and department of human services
Status: in_force

50-06-01.1. Department of health and human services to be substituted for public

welfare board of North Dakota and social service board of North Dakota, members of

board, commissioner, and department of human services.

When the terms "public welfare board of North Dakota", "social service board of North

Dakota", "executive director of the public welfare board", "executive director of the social service

board", "department of human services", or "executive director of the department of human

services", "member of the public welfare board", or "member of the social service board", or any

derivative of those terms which, when used in context indicates an intention to refer to those

persons or that board, appear in the North Dakota Century Code, the term "department of

health and human services", or the term "commissioner of the department of health and human

services", as the case may be, must be substituted therefor. It is the intent of the legislative

assembly that the department of health and human services must be substituted for, shall take

any action previously to be taken by, and shall perform any duties previously to be performed by

the public welfare board of North Dakota, by the social service board of North Dakota, by the

department of human services, or by the state department of health. The legislative council may

replace references to the "department of human services" or "executive director of the

department of human services" or any derivatives of those terms with "department of health and

human services" or "executive director of the department of health and human services" in any

measure enacted by the sixty-seventh legislative assembly. The legislative council may replace

references to the "executive director of the department of human services" or any derivatives of

those terms with "commissioner of the department of health and human services or designee" in

any measure enacted by the sixty-eighth legislative assembly.
N.D. Cent. Code § 50-24.4-10 — ND Code / Title 50 / Chapter 50-24.4 / Section 50-24.4-10
50-24.4-10. Operating costs
Status: in_force

50-24.4-10. Operating costs

1. The department shall establish procedures for determining per diem reimbursement

for operating costs.

2. The department shall analyze and evaluate each nursing home's cost report of

allowable operating costs incurred by the nursing home during the reporting year

immediately preceding the rate year for which the payment rate becomes effective.

3. The department shall establish price limits on actual allowable historical operating cost

per diems, increased by the market basket for skilled nursing facility before

productivity assessment, based on cost reports of allowable operating costs taking into

consideration relevant factors including resident needs, nursing hours necessary to

meet resident needs, size of the nursing home, and the costs that must be incurred for

the care of residents in an efficiently and economically operated nursing home. For the

rate year beginning 2022, the department shall establish price limits for cost categories

using the June 30, 2021, cost report year as the base period. The price limits must be

established using the same percentage of the median used to establish the limits for

the June 30, 2020, base period. In determining allowable historical operating cost per

diems for purposes of setting price limits, the department shall divide the allowable

historical operating costs by the actual number of resident days, except that when a

nursing home is occupied at less than ninety percent of licensed capacity days, the

department may establish procedures to adjust the computation of the indirect care

cost per diem to an imputed occupancy level at or below ninety percent. To encourage

the development of home and community-based services as an alternative to nursing

home care, the department may waive the imputed occupancy level requirements for a

nursing home that the department determines to be providing significant home and

community-based services in coordination with home and community-based service

providers to avoid duplicating existing services.

4. In establishing payment rates for one or more operating cost categories, the

department may establish separate rates for different classes of residents based on

their relative care needs.

5. The department shall include in the ratesetting system for nursing homes those costs

associated with computer software and any related technology, including cloud-based

services. These expenses are allowed as a direct passthrough.

6. A new base period must be established with the cost report period June 30, 2023.

7. The margin cap used for the rate year beginning 2022 price limits must be no less than

three and forty-six hundredths percent.

8. The market basket for skilled nursing facility before productivity adjustment is the

preferred index to adjust historical operating costs when a new base period is

established and to adjust the price rate in subsequent years until a new base rate

period is established.

9. For the rate years beginning 2022 and 2023, the department shall inform the nursing

home of the operating rate using historical operating costs and the operating rate

using price limits. The nursing home shall inform the department if the nursing home

wants to accept the operating rate using historical operating costs as the established

rate.
N.D. Cent. Code § 50-25.1-10 — ND Code / Title 50 / Chapter 50-25.1 / Section 50-25.1-10
50-25.1-10. Abrogation of privileged communications
Status: in_force

50-25.1-10. Abrogation of privileged communications

Any privilege of communication between husband and wife or between any professional

person and the person's patient or client, except between attorney and client, is abrogated and

does not constitute grounds for preventing a report to be made or for excluding evidence in any

proceeding regarding child abuse, neglect, or death resulting from abuse or neglect resulting

from a report made under this chapter.
N.D. Cent. Code § 50-11-01.6 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-01.6
50-11-01.6. Self-declaration form
Status: in_force

50-11-01.6. Self-declaration form

The department of health and human services shall prescribe self-declaration forms to be

completed and signed by each family foster home for children provider before initial licensure or

certification and each renewal under this chapter. The self-declaration forms must include

references to smoke detectors, fire extinguishers, fire escape plans, and inspections of

appliances, electrical systems, and heating systems.
N.D. Cent. Code § 50-01-29 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-29
50-01-29. Persons with uncertain residence
Status: in_force

50-01-29. Persons with uncertain residence

If the residence of a person is uncertain for general assistance purposes, the human service

zone in which the person lives shall provide county general assistance until that person's

residence is determined.
N.D. Cent. Code § 50-10.1-04 — ND Code / Title 50 / Chapter 50-10.1 / Section 50-10.1-04
50-10.1-04. Access to facilities and records
Status: in_force

50-10.1-04. Access to facilities and records

To carry out the powers and duties of this chapter, the state long-term care ombudsman and

the ombudsman's authorized agents shall:

1. Have access to all long-term care facilities within the state and shall have private

access to any resident within any long-term care facility within the state.

2. Have access to all social and medical records of a resident if:

a. The ombudsman or the ombudsman's authorized agent has the permission of the

resident or the legal representative of the resident;

b. Access to the records is necessary to investigate a complaint and the resident is

unable to consent to the review and has no legal representative; or

c. A legal representative of the resident refuses to give the permission and the

ombudsman or the ombudsman's authorized agent has reasonable cause to

believe that the legal representative is not acting in the best interests of the

resident and the state long-term care ombudsman approves access.
N.D. Cent. Code § 50-12-07.1 — ND Code / Title 50 / Chapter 50-12 / Section 50-12-07.1
50-12-07.1. Objection to placement for religious or moral convictions or policies - Effect
Status: in_force

50-12-07.1. Objection to placement for religious or moral convictions or policies -

Effect.

A child-placing agency is not required to perform, assist, counsel, recommend, facilitate,

refer, or participate in a placement that violates the agency's written religious or moral

convictions or policies. A state or local government entity may not deny a child-placing agency

any grant, contract, or participation in a government program because of the child-placing

agency's objection to performing, assisting, counseling, recommending, facilitating, referring, or

participating in a placement that violates the child-placing agency's written religious or moral

convictions or policies. Refusal by a child-placing agency to perform, assist, counsel,

recommend, facilitate, refer, or participate in a placement that violates the child-placing agency's

written religious or moral convictions or policies does not constitute a determination that the

proposed adoption is not in the best interest of the minor.
N.D. Cent. Code § 50-22-04.3 — ND Code / Title 50 / Chapter 50-22 / Section 50-22-04.3
50-22-04.3. Fraud - Misrepresentation
Status: in_force

50-22-04.3. Fraud - Misrepresentation

A charitable organization, professional fundraiser, or any agent or employee of a charitable

organization or professional fundraiser may not use any deceptive act or practice, fraud, false

pretense, false promise, or misrepresentation with the intent that others rely thereon in

connection with the solicitation of a contribution for or on behalf of a charitable organization.
N.D. Cent. Code § 50-01-08 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-08
50-01-08. Members of county social service board - Term of office - Oath - Compensation
Status: repealed

50-01-08. Members of county social service board - Term of office - Oath -

Compensation.

Repealed by S.L. 1995, ch. 456, § 25.
N.D. Cent. Code § 50-36-03 — ND Code / Title 50 / Chapter 50-36 / Section 50-36-03
50-36-03. Opioid settlement advisory committee
Status: in_force

50-36-03. Opioid settlement advisory committee

1. The committee is composed of:

a. One member of the North Dakota association of counties appointed by the

chairman of the legislative management, who shall serve a term of two years.

b. One member of the North Dakota league of cities appointed by the chairman of

the legislative management, who shall serve a term of two years.

c. One member of the North Dakota state association of city and county health

officials appointed by the chairman of the legislative management, who shall

serve a term of two years.

d. One member who represents the highway patrol appointed by the highway patrol

superintendent, who shall serve a term of two years.

e. The executive director of the department's division of behavioral health.

f. One member in recovery appointed by the governor.

g. One member appointed by the governor who shall serve as a nonvoting member

and as the presiding officer of the committee, who shall serve a term of

two years.

2. The committee shall forward recommendations to the department on spending

decisions of the legislatively appropriated funds for remediation or abatement of the

opioid crisis in this state.

a. The committee shall develop a process for receiving spending recommendation

input from political subdivisions and the public.

b. The committee shall develop a process for making recommendations to the

department under this subsection.

c. The committee shall consider cultural practices and alternative best practice

treatment methods when considering and making recommendations to the

department under this subsection.
N.D. Cent. Code § 50-11-03.5 — ND Code / Title 50 / Chapter 50-11 / Section 50-11-03.5
50-11-03.5. Automated clearinghouse payments
Status: in_force

50-11-03.5. Automated clearinghouse payments

The department shall provide payment to family foster home for children, supervised

independent living program, certified family foster home for children, and qualified residential

treatment program for children providers using an automated clearinghouse to provide for

electronic fund transfers. To receive payment, family foster home for children, supervised

independent living program, certified family foster home for children, and qualified residential

treatment program for children providers and applicants shall provide sufficient documentation

to enable the department to provide electronic funds transfers through an automated

clearinghouse. No other forms of payment are permitted, unless approved by the department.
N.D. Cent. Code § 50-06-01.7 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-01.7
50-06-01.7. Behavioral health division - Administration - Fees
Status: in_force

50-06-01.7. Behavioral health division - Administration - Fees

1. The department shall develop and revise, when necessary, the state mental health

plan and provide the behavioral health division the authority to implement and

supervise a unified mental health delivery system and to assure the mental health

services provided by the state-operated behavioral health clinics, the state hospital,

and contracted services are in accordance with the state plan.

2. The behavioral health division may establish nonrefundable application fees not to

exceed three hundred dollars for administration and enforcement of licensing and

certification activities. The department shall adopt rules as necessary to implement this

section. All fees collected under this section must be paid to the behavioral health

division and must be used to defray the cost of administering and enforcing licensing

and certification activities.
N.D. Cent. Code § 50-01-23 — ND Code / Title 50 / Chapter 50-01 / Section 50-01-23
50-01-23. Sending pauper out of county unlawful - Prosecution
Status: repealed

50-01-23. Sending pauper out of county unlawful - Prosecution

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 50-24.7-07 — ND Code / Title 50 / Chapter 50-24.7 / Section 50-24.7-07
50-24.7-07. Expanded service payments for elderly and disabled - Independent home and community-based services case manager - Pilot program
Status: in_force

50-24.7-07. Expanded service payments for elderly and disabled - Independent home

and community-based services case manager - Pilot program.

Expired under S.L. 2013, ch. 374, § 4.
N.D. Cent. Code § 50-01.1-03 — ND Code / Title 50 / Chapter 50-01.1 / Section 50-01.1-03
50-01.1-03. Manner of determination
Status: in_force

50-01.1-03. Manner of determination

1. In determining whether the creation of a human service zone should be approved or

established, the department shall refer to, among other pertinent factors, the following:

a. Whether the affected county agencies are able to supply an adequate level and

quality of human, social, and economic assistance services.

b. The number and qualifications of staff personnel serving the affected county

agencies.

c. The ratio of the number of cases handled by the affected county agencies to the

number of their staff personnel.

d. The geographical area and population served by the affected county agencies.

e. The distance of recipients from the affected county agencies.

f. The benefits that would be realized from the creation of the human service zone

in terms of lower costs, increased availability of services, new services, and

improvement of services.

g. The amount of current and future access points for individuals to apply for and

receive services within a human service zone.

h. The existing pattern of the counties trade area and any regional pattern

established by the department.

i. Whether the county has a population exceeding sixty thousand individuals

according to the 2010 United States census to operate as a single human service

zone and whether it is in the best interest of the neighboring counties.

j. The maximum number of human service zones created may not exceed

nineteen.

k. Whether the human service zone director can adequately supervise the activities

and operations of the human service zone.

l. Whether the human service zone board is constituted of individuals that represent

the population of the human service zone.

m. Budget impact.

n. Other good cause.

2. The department has final approval of a human service zone. The department may

establish or modify a human service zone based on the criteria set forth in

subsection 1. All human service zones must be initially approved or established by

January 1, 2020, and may be rescinded or terminated pursuant to section 50-01.1-02,

50-01.1-04, or 50-01.1-08, modified thereafter by the department, or approved by the

department through a process developed by the department and in accordance with

section 50-01.1-02.
N.D. Cent. Code § 50-06.1-17 — ND Code / Title 50 / Chapter 50-06.1 / Section 50-06.1-17
50-06.1-17. Senior community service employment program - Compensation rate
Status: in_force

50-06.1-17. Senior community service employment program - Compensation rate

The hourly rate of compensation for individuals paid by the department under the senior

community service employment program is twelve dollars or the amount established by the

department by administrative rule, within the limits of legislative appropriation.
N.D. Cent. Code § 50-06-06.11 — ND Code / Title 50 / Chapter 50-06 / Section 50-06-06.11
50-06-06.11. Child care provider payments
Status: in_force

50-06-06.11. Child care provider payments

Within the limits of federal regulations, the department shall directly pay early childhood

facilities monthly under child care assistance programs administered by the department.
N.D. Cent. Code § 50-24.1-29 — ND Code / Title 50 / Chapter 50-24.1 / Section 50-24.1-29
50-24.1-29. Insurers to provide certain information to the department
Status: in_force

50-24.1-29. Insurers to provide certain information to the department

1. For purposes of this section:

a. "Department" means the department of health and human services or its agent.

b. "Health insurer" includes self-insured plans, group health plans as defined in

section 607(1) of the Employee Retirement Income Security Act of 1974

[29 U.S.C. 1167(1)], service benefit plans, managed care organizations,

pharmacy benefit managers, or other parties that legally are responsible by

statute, contract, or agreement for payment of a claim for a health care item or

service.

2. a. As a condition of doing business in this state, health insurers shall provide to the

department upon its request and in a manner prescribed by the department

information about individuals who are eligible for medical assistance so the

department may determine during what period the individual or the individual's

spouse or dependents may be or may have been covered by a health insurer and

the nature of the coverage provided by the health insurer, including the name,

address, identifying number of the plan, and duration of the health insurance

coverage. Notwithstanding any other provision of law, every health insurer, not

more frequently than twelve times in a year, shall provide to the department upon

its request information, including automated data matches conducted under the

direction of the department, as necessary, to:

(1) Identify individuals covered under the insurer's health benefit plans who are

also recipients of medical assistance;

(2) Determine the period during which the individual or the individual's spouse

or the individual's dependents may be or may have been covered by the

health benefit plan; and

(3) Determine the nature of the coverage.

b. The insurer must provide the information required in this subsection to the

department at no cost if the information is in a readily available structure or

format. If the department requests the information in a structure or format that is

not readily available, the insurer may charge a reasonable fee for providing the

information, not to exceed the actual cost of providing the information.

3. To facilitate the department in obtaining the information required by this section, a

health insurer shall:

a. Cooperate with the department to determine whether a medical assistance

recipient may be covered under the insurer's health benefit plan and is eligible to

receive benefits under the health benefit plan for services provided under the

medical assistance program.

b. Respond to the request for information within ninety days after receipt of written

proof of loss or claim for payment for health care services provided to a recipient

of medical assistance who is covered by the insurer's health benefit plan.

c. Accept the department's right of recovery, entitlement to payment, and the

assignment to the department of any right of an individual or other entity to

payment from a liable third party for an item or service for which payment has

been made under the state medical assistance plan.

d. Respond to any inquiry by the department within sixty days regarding a claim for

payment for any health care item or service that is submitted no later than three

years after the date of the provision of the health care item or service.

e. Agree not to deny a claim submitted by the department solely on the basis of the

date of submission of the claim, the type of format of the claim form, or a failure to

present proper documentation at the point of sale that is the basis of the claim if:

(1) The claim is submitted by the department within the three-year period

beginning on the date on which the item or service was furnished; and

(2) Any action by the department to enforce its rights with respect to such claim

is commenced within six years of the department's submission of the claim.

f. Accept Medicaid's authorization that the item or service is covered under the

state plan as if the authorization were the prior authorization made by the third

party for the item or service.

g. Agree to not deny a claim submitted by the department for failure to obtain prior

authorization for an item or service.

4. A health insurer is prohibited, in enrolling an individual or on the individual's behalf,

from taking into account that the individual is eligible for or is provided medical

assistance.

5. The department may not use or disclose any information provided by the insurer other

than as permitted or required by law. The insurer may not be held liable for the release

of insurance information to the department or a department agent if the release is

authorized under this section.