North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-05 - Provider Integrity › Section 75-02-05-11 - Fingerprint-based criminal background checks

Current through Supplement No. 393, July, 2024
1. The department
				shall provide fingerprint-based criminal background checks screenings for
				enrolled or newly enrolling providers and indirect owners with five percent or
				more ownership in a high-risk provider, unless that provider and indirect
				owners has had a successful fingerprint-based background check completed within
				five years of the enrollment or revalidation date by centers for Medicare and
				Medicaid or another state Medicaid agency. The department requires a provider,
				or any person with a five percent or more direct or indirect ownership interest
				in the provider, to submit a set of fingerprints, within thirty days upon
				request from centers for Medicare and Medicaid or the medical services
				division. The provider and owners are required to cover the cost associated
				with obtaining the fingerprint-based criminal background check. That includes
				the cost of obtaining the fingerprints and the cost of processing the
				background investigation. The department shall inform high-risk providers of
				the form and manner for providing fingerprint-based criminal background check
				information.
2. The department
				shall evaluate criminal history against the reasons for revocation found in
				42 C.F.R.
				424.535(a)(3) and based on
				offenses described in North Dakota Century Code chapter 12.1-16, homicide;
				12.1-17, assaults - threats - coercion - harassment; 12.1-18, kidnapping;
				12.1-27.2, sexual performances by children; or 12.1-41, Uniform Act on
				Prevention of and Remedies for Human Trafficking; in North Dakota Century Code
				section 12.1-20-03, gross sexual imposition; 12.1-20-03.1, continuous sexual
				abuse of a child; 12.1-20-04, sexual imposition; 12.1-20-05, corruption or
				solicitation of minors; 12.1-20-06, sexual abuse of wards; 12.1-20-06.1, sexual
				exploitation by therapist; 12.1-20-07, sexual assault; 12.1-22-01, robbery;
				12.1-22-02, burglary, if a class B felony under subdivision b of subsection 2
				of that section; 12.1-29-01, promoting prostitution; 12.1-29-02, facilitating
				prostitution; 12.1-31-05, child procurement; 12.1-31-07, endangering a
				vulnerable adult; 12.1-31-07.1, exploitation of a vulnerable adult; subsection
				1 of section 26.1-02.1-02.1 of North Dakota Century Code, fraudulent insurance
				acts; or an offense under the laws of another jurisdiction which requires proof
				of substantially similar elements as required for conviction under any of the
				enumerated North Dakota statutes.
3. The results of the fingerprint-based
				criminal background checks is confidential and may be reviewed by the medical
				services division only to determine if the provider or their owners are fit to
				participate in Medicaid or children's health insurance program. Results from
				the fingerprint-based criminal background checks must be reviewed by the
				medical services division to determine if the provider is allowed enrollment or
				continued enrollment. A provider, or any person with five percent or greater
				direct or indirect ownership interest in the provider, who is required by the
				medical services division or centers for Medicare and Medicaid services to
				submit a set of fingerprints and fails to do so may have its application denied
				or enrollment terminated.
General Authority:
NDCC 50-06-01.9,
					 50-24.1-04, 50-29-02
Law Implemented:
NDCC
					 50-24.1-01