North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter, unless the context or subject matter
				  otherwise requires:
1. "Abuse" means
				any willful act or omission of a caregiver or any other individual which
				results in physical injury, mental anguish, unreasonable confinement, sexual
				abuse, or exploitation to or of a resident.
2. "Agency" means an organization which
				monitors the facility.
3.
				"Applicant" means the individual or individuals completing and submitting to
				the department an application to be licensed to provide care.
4. "Care" means foster care for adults as
				defined by North Dakota Century Code section
				50-11-00.1 and includes the
				provision of personal, nonmedical services provided to assist a resident with
				tasks of a personal nature that are performed daily and which involve such
				activities as bathing, dressing, toileting, transferring from bed or chair,
				continence, eating or feeding, and mobility inside the facility.
5. "County agency" means the county social
				service board in the county where the facility is located and
				monitored.
6. "Department" means
				the North Dakota department of human services.
7. "Exploitation" means the act or process of
				a provider using the income, assets, or person of a resident for monetary or
				personal benefit, profit, gain, entertainment, or gratification.
8. "Facility" means a foster care home for
				adults.
9. "Home- and
				community-based setting experience interview" means an instrument used to
				record information about a resident's experiences in the facility.
10. "License" means a document issued by the
				department authorizing an applicant to operate a facility.
11. "Mental anguish" means psychological or
				emotional damage that requires medical treatment or medical care, or is
				characterized by behavioral changes or physical symptoms.
12. "Monitoring" means overseeing the care
				provided to a resident by a provider and verifying compliance with laws, rules,
				and standards pertaining to care and the resident's rights related to the
				facility.
13. "Neglect" means the
				failure of the provider to provide the goods or services necessary to avoid
				physical harm, mental anguish, or mental illness.
14. "Person-centered service plan" means a
				plan that describes the medicaid waiver recipient resident's assessed needs,
				outcomes, and goals and how the services and natural supports provided will
				assist the resident in achieving their outcomes and live safely and
				successfully in the community.
15.
				"Provider" means a primary caregiver in active charge of a facility who has
				documented qualifications in providing care and is enrolled as a qualified
				service provider.
16. "Qualified
				service provider" means an individual who has met all standards and
				requirements for that status established under chapter 75-03-23.
17. "Resident" means any adult who is
				receiving care in a facility for compensation on a twenty-four-hour basis, but
				does not mean any other individual who lives or stays in the
				facility.
18. "Respite care" means
				care provided by a respite care provider or substitute caregiver to a resident
				for the purpose of providing temporary relief to the provider from the stresses
				and demands associated with daily care or emergencies.
19. "Respite care provider" means an
				individual enrolled as a qualified service provider who provides respite care
				to residents, whose care is funded by the county or state, in the absence of
				the provider.
20. "Sexual abuse"
				means conduct directed against a resident which constitutes any of those sex
				offenses defined in North Dakota Century Code sections 12.1-20-02, 12.1-20-03,
				12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-06, 12.1-20-06.1, 12.1-20-07,
				12.1-20-11, 12.1-20-12.1, and 12.1-20-12.2 and North Dakota Century Code
				chapter 12.1-41.
21. "Substitute
				caregiver" means an individual who meets qualified service provider standards
				and provides respite care to private pay residents in the absence of the
				provider.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03