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 75-03-21.1-31 - General practices

Current through Supplement No. 393, July, 2024
The provider:
1.
				Shall permit a representative of the department, human service zone, or other
				individual or organization serving a resident entry into the facility without
				prior notice;
2. Shall provide
				information about the residents to the department, human service zone, or other
				individual or organization serving a resident with reasonable
				promptness;
3. Shall report
				illness, hospitalization, or unusual behavior of a resident to the individual
				or organization serving the resident, and to the resident's legal
				representative, whichever is appropriate;
4. Shall assure information related to the
				resident is kept confidential, except as may be necessary in the planning or
				provision of care or medical treatment, as related to an investigation or
				license review under this chapter, required or permitted by law, or as
				authorized by the resident;
5. May
				not practice, condone, facilitate, or collaborate with any form of illegal
				discrimination on the basis of race, color, sex, age, religion, national
				origin, marital status, political belief, or mental or physical
				disability;
6. Shall accept
				direction, advice, and suggestions concerning the care of residents from the
				department, human service zone, or other individual or organization serving a
				resident;
7. Shall assure residents
				receiving care are not subjected to abuse, sexual abuse, neglect, or financial
				exploitation by the provider, employees, or volunteers;
8. Shall coordinate and facilitate the
				release of a report of any examination or evaluation, required under subsection
				3 of section 75-03-21.1-29, to the department or human service zone;
9. Immediately shall report changes in the
				identity or number of individuals living in the facility to the
				department;
10. Immediately shall
				report an inability to provide care to the resident to the
				department;
11. Shall allow a
				representative of the department, or human service zone, to enter the premises,
				examine the facility, and interview the residents, provider, and employees in
				order to evaluate compliance with this chapter and North Dakota Century Code
				chapter 50-11;
12. Shall cooperate
				with the department or human service zone in inspections, complaint
				investigations, planning for the care of a resident, application procedures,
				and other necessary activities, and allow access of the department, human
				service zone, ombudsman, or other authorized individuals to the facility and
				its residents;
13. May not
				retaliate against any resident who has filed a complaint with the department or
				human service zone by taking away rights or privileges; threatening to take
				away rights or privileges; or by abusing or threatening to abuse a resident in
				any manner;
14. May not use a
				transfer of ownership of a resident's possessions or property as
				payments;
15. May not purchase
				property or possessions from a resident without providing documented proof to
				the department that the item or property was purchased at fair market
				value;
16. May not accept or
				solicit personal property or a purchased item with a fair market value of at
				least twenty-five dollars that the resident, resident's family, or both, choose
				to give to the provider or employees;
17. May not accept or solicit personal
				property or a purchased item with a fair market value of twenty-five dollars or
				less that the resident, resident's family, or both, chose to give to the
				licensed provider or employees exceeding more than two times in a calendar
				year;
18. For the purpose of this
				section, fair market value means:
a. In the
				case of a liquid asset that is not subject to reasonable dispute concerning its
				value, such as cash, bank deposits, stocks, and fungible commodities, one
				hundred percent of apparent fair market value;
b. In the case of real or personal property
				that is subject to reasonable dispute concerning its value:
(1) If conveyed in an arm's-length
				transaction to someone not in a confidential relationship with the resident or
				anyone acting on the resident's behalf, seventy-five percent of estimated fair
				market value; or
(2) If conveyed to
				someone in a confidential relationship with the resident or anyone acting on
				the resident's behalf, one hundred percent of estimated fair market value;
				and
c. In the case of
				income, one hundred percent of apparent fair market value;