North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21.1 - Licensing of Agency foster Homes for Adults › Section 75-03-21.1-40 - Applicant guarantees and assurances

Current through Supplement No. 393, July, 2024
1.
				Applicants shall submit, in a manner prescribed by the department, evidence
				that policies and procedures approved by the governing body are written and
				implemented in a manner that:
a. Guarantees
				each resident a person-centered service plan;
b. Guarantees the resident the right to
				receive authorized services and supports included in his or her person-centered
				service plan in a timely manner and the opportunity to fully participate in the
				benefits of community living, vote, worship, interact socially, freely
				communicate and receive guests, own and use personal property, and unrestricted
				access to legal counsel;
c.
				Guarantees such restrictions as may be imposed upon a resident relate solely to
				capability and are imposed pursuant to the provisions of a person-centered
				service plan;
d. Guarantees the
				confidentiality of all resident records;
e. Guarantees the applicable legal documents
				establishing guardianship and of durable power of attorney are kept in the
				resident record and provided to the case manager;
f. Guarantees the resident the right to
				choose and refuse services, who provides the services, the right of the
				resident and the resident's representatives to be informed of the possible
				consequences of the refusal, alternative services available, and specifically,
				the extent to which such refusal may harm the resident or others;
g. Assures the resident safe and sanitary
				living and working arrangements and provides for emergencies or disasters and
				first-aid training for staff;
h.
				Assures adaptive equipment, where appropriate for personal hygiene, self-care,
				mobility, or communication, is provided in the service for use by residents
				with disabilities consistent with the person-centered service plan;
i. Assures all employees demonstrate basic
				professional competencies as required by their job descriptions and complies
				with all required trainings, credentialing, and professional development
				activities;
j. Assures annual
				evaluations that measure program outcomes against previously stated goals and
				objectives are conducted;
k.
				Assures all vehicles transporting residents are subject to routine inspection
				and maintenance, licensed by the department of transportation, equipped with a
				first-aid kit and a fire extinguisher, carry no more individuals than the
				manufacturer's recommended maximum capacity, handicapped accessible, where
				appropriate, and are driven by individuals who hold a valid state driver's
				license;
l. Guarantees a grievance
				procedure, reviewed and approved by the department, affords the resident or the
				resident's authorized representative or advocate, the right to a hearing of any
				complaint; and guarantees that records of such hearings are maintained and must
				note therein the complaint, the names of the individuals complaining, and the
				resolution of the grievance;
m.
				Assures policies and procedures regarding admission to the agency's services
				and termination of services are in conformance with the rules of the
				department;
n. Assures all
				documentation, data reporting requirements, rules, regulations, and policies
				are conducted as required by the department;
o. Assures all applicable municipal, federal,
				and state laws and regulations are being abided by;
p. Assures the residents right to use medical
				marijuana if the resident is a qualified patient who has the required
				documentation necessary to legally obtain medical marijuana. The facility is
				not required to administer or store medical marijuana and can limit where a
				resident uses medical marijuana to a certain part of the facility;
				and
q. Assures the facility
				complies with all requirements of title 28, Code of Federal Regulations, part
				35, app. B.