North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-33 - Intergovernmental Transfer Program › Section 75-03-33-07 - Participation requirements

Current through Supplement No. 393, July, 2024
1. The
				department may not disburse grant funds if the entity discontinues services on
				or before the date the entity submits a claim requesting payment.
2. The entity shall expend grant or loan
				funds for costs that are directly attributable to the project, in accordance
				with the application approved by the department.
3. The entity shall separately identify
				related party costs included in any amounts requested from the department.
4. The entity may not give
				preferential treatment to individuals who are not eligible for assistance over
				individuals eligible for assistance when determining admission or to whom
				services will be provided.
5. An
				entity accepting loan or grant funds to develop a particular service must
				enroll or have a provider agreement with the department to provide those
				services.
6. The entity shall make
				available a minimum of thirty percent of licensed capacity or units
				constructed, renovated, or converted, to individuals eligible for assistance,
				except when the entity can demonstrate that the minimum occupancy cannot be met
				because of a lack of individuals eligible for assistance requiring
				accommodations.
7. The entity
				shall comply with all applicable rules, regulations, policies, or procedures
				established by the department pertaining to the department's assistance
				programs from which the entity is receiving payment.
8. The entity shall comply with all local,
				state, and national laws and regulations pertaining to construction.
9. The entity shall be responsible for all
				incidental costs related to project completion.
10. The entity shall refund to the North
				Dakota health care trust fund any grant awarded for construction, renovation,
				or conversion if the entity or its successor in interest ceases to operate a
				basic care facility, assisted living facility, or facility providing other
				alternatives to nursing facility care or does not meet the minimum occupancy
				requirements during the ten-year period following the date grant funds were
				awarded. The amount of the grant to be refunded shall be reduced by ten percent
				per year for each year the entity operated a basic care facility, assisted
				living facility, or provided other alternatives to nursing facility care.
11. All loans become immediately
				due and payable if the entity or its successor in interest ceases to operate a
				nursing facility, basic care facility, assisted living facility, orprovide
				other alternatives to nursing facility care or does not meet the minimum
				occupancy requirements during the ten-year period following the date the loan
				was awarded.
12. In addition to
				other remedies provided by law, the department may deduct the amount of any
				refund due from an entity from any money owed by the department to the entity
				or the entity's successor in interest.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 50-30-03,
					 50-30-04