reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-80 - Good cause determination

Current through Supplement No. 393, July, 2024
1. Except with
				respect to a sanction imposed for failure to obtain child support, or establish
				paternity, an individual shall be provided an opportunity to present the good
				cause reason for a failure or refusal to cooperate prior to the imposition of a
				sanction.
2. The eligibility worker
				or the individual's job opportunities and basic skills employment contractor
				may oversee the good cause determination process. If the individual is not
				cooperating with the job opportunities and basic skills program, the employment
				contractor is responsible to oversee the good cause determination process and
				must inform both the individual and the eligibility worker of the outcome of
				the good cause determination process.
3. Within two days after the employment
				contractor learns of a failure or a refusal to comply, the eligibility worker
				or employment contractor, as appropriate, shall send written notice to the
				individual to offer an opportunity to show good cause. A good cause
				determination must state that:
a. The
				individual is responsible to call or meet with the employment contractor within
				seven business days, from the print date of the notice, to show good cause;
				and
b. A sanction will be imposed
				if the individual does not contact the employment contractor or eligibility
				worker, as appropriate, within the required time or does not show good cause
				for the individual's failure or refusal to comply.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-82 - Job opportunities and basic skills program - Definitions

Current through Supplement No. 393, July, 2024
For purposes of the job opportunities and basic skills
				  program:
1. "Eligible individual"
				means an adult or minor child head of household receiving assistance or a
				nonrecipient parent living with a child receiving assistance.
2. "Employment contractor" means the job
				opportunities and basic skills program agency or staff person responsible for
				directing and monitoring a participant's planning and activities that relate to
				the job opportunities and basic skills program. The employment contractor is
				responsible for completing orientation and an assessment. After orientation and
				the assessment are completed, the employer contractor assists the participant
				in the development and execution of an employability plan and oversees the
				participant's involvement in the job opportunities and basic skills
				program.
3. "Minimum required
				hours" means the number of hours per week during which a participant must be
				engaged in approved work activity.
4. "Participant" means a member of a
				household who is not exempt from participating in the job opportunities and
				basic skills program or who, if exempt, has volunteered to participate in that
				program.
5. "Satisfactory progress"
				in any postsecondary education or training program means the participant is
				maintaining progress minimally sufficient to allow continuation of the course
				of study or training under the standards of the education or training
				facility.
6. "Work-eligible
				individual" includes anyone listed in subdivision a, but does not include
				anyone listed in subdivision b:
a. Included
				individuals are:
(1) Any adult receiving
				assistance under temporary assistance for needy families;
(2) Any minor child head of household
				receiving assistance under temporary assistance for needy families;
(3) Any minor parent head of household
				receiving assistance under temporary assistance for needy families;
				or
(4) Any nonrecipient parent
				living with a child receiving assistance, including any parent:
(a) Sanctioned due to noncompliance with work
				requirements; or
(b) Disqualified
				due to an intentional program violation, status as a fleeing felon, a drug
				felony conviction, parole or probation violation, or noncompliance with child
				support enforcement.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-84 - Job opportunities and basic skills program -Satisfactory participation

Current through Supplement No. 393, July, 2024
1.
				Except as otherwise provided in this section, all work-eligible individuals and
				all eligible children, age sixteen or older, who have completed high school or
				received a general equivalency diploma, or who have neither completed high
				school nor received a general equivalency diploma and are not currently
				attending school, shall comply with work requirements no fewer than the minimum
				required hours each week. Work activity may be required in addition to the
				minimum required hours in an approved work activity.
2. A parent or other eligible caretaker
				relative of a child under age six, who is personally caring for that child full
				time, is deemed to comply with subsection 1 if engaged in an allowable work
				activity an average of at least the minimum required hours per week during each
				month.
3. A single head of
				household, under twenty years of age, who has not earned a high school diploma
				or its equivalent, but who maintains satisfactory attendance in school, is
				deemed to comply with subsection 1.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-06-05.1,
					 50-09
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-85 - Job opportunities and basic skills program - Workr equirements

Current through Supplement No. 393, July, 2024
1. The work
				activities of the job opportunities and basic skills program include:
a. Unsubsidized employment;
b. Subsidized public or private sector
				employment;
c. On-the-job
				training;
d. Public or private work
				experience;
e. Job search and job
				readiness activities;
f. Community
				service;
g. Vocational
				training;
h. Education directly
				related to employment for a participant who has not completed high school or
				received a general equivalency diploma;
i. Satisfactory attendance at secondary
				school or in a course of study leading to a general equivalency
				diploma;
j. Provision of child care
				services to another participant engaged in a community service program;
				and
k. Job skills training directly
				related to employment.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-86 - Job opportunities and basic skills program - Tribal native employment works program

Current through Supplement No. 393, July, 2024
Tribal native employment works programs are available to
				  enrolled or enrollable members of tribes who live in that tribe's service area,
				  who receive a temporary assistance for needy families cash grant, and who
				  reside in a county within which there is a tribal native employment works
				  program. An individual who participates in a tribal native employment works
				  program shall meet all work requirements described in this chapter. The county
				  agency shall:
1. Refer work-eligible
				individuals to the tribal native employment works program based on referral
				criteria established by a memorandum of understanding between the tribe and the
				department;
2. Provide child care
				payments to authorized tribal native employment works program participants, for
				activities which may be approved under the state child care and development
				fund plan submitted under the Child Care and Development Block Grant Act of
				1996 [ 42 U.S.C.
				9858 ], based on information furnished by the
				tribal program; and
3. Upon
				notification from the tribal program, consider sanctioning individuals for
				failure or refusal to participate in the program without good cause.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-87 - Job opportunities and basic skills program -Exemptions from participation

Current through Supplement No. 393, July, 2024
An individual is exempt from participation in the job
				  opportunities and basic skills program if the individual is:
1. A parent or other eligible caretaker
				relative age sixty-five or older;
2. A dependent child who is under age sixteen
				or a dependent child who is age sixteen or over and who is enrolled or has been
				accepted for enrollment as a full-time student for the next school term in an
				elementary or secondary school or in a vocational or technical school that is
				equivalent to secondary school and will graduate by the child's nineteenth
				birthday, unless the child is a single head of household;
3. A parent or other eligible caretaker
				relative of a child under two months of age who is personally caring for the
				child full time; or
4. A parent
				providing care for a disabled family member living in the home, provided that
				the need for such care is supported by documentation.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-88 - Job opportunities and basic skills program - Referral

Current through Supplement No. 393, July, 2024
1. Any individual
				not exempt from the job opportunities and basic skills program and anyone who
				volunteers must be referred to the program. Referrals may be made only after
				the individual is determined otherwise eligible for assistance.
2. The referred individual shall contact the
				job opportunities and basic skills program within seven business days from the
				print date of the referral to set up an appointment for program orientation,
				assessment, and employability planning and shall make a good-faith effort to
				complete program orientation, initial assessment, and employability planning
				within thirty days of the application date.
General Authority:
NDCC 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-90 - Job opportunities and basic skills program - Supportive services and post temporary assistance for needy families supportive services

Current through Supplement No. 393, July, 2024
1. Within the limits described in this
				section, supportive services may be made available to a participant who, but
				for supportive service, would be unable to enter into or remain in an allowable
				work activity. No supportive service may be provided without approval from the
				employment contractor or eligibility worker.
2. Post temporary assistance for needy
				families supportive services may be provided to assist employed former
				temporary assistance for needy families recipients to succeed in the workforce
				and avoid the need to receive further temporary assistance for needy families
				benefits.
3. Supportive services
				may include:
a. Relocation assistance provided
				to a job opportunities and basic skills participant if:
(1) The individual has a bona fide offer of
				employment, verified by the employment contractor, which will increase the
				individual's potential for increased earnings, job advancement, or permanent
				employment; or
(2) The individual
				requests and receives approval from the employment contractor to move from an
				area of the state with few employment opportunities to another area of the
				state with greater employment opportunities, or to an area out of state with
				greater employment opportunities.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-91 - Job opportunities and basic skills program -Educational activities related to secondary education, basic and remedial education, or education in English proficiency [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-97 - Job opportunities and basic skills program - Provision of child care services to another participant engaged in a community service program [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-102 - Job opportunities and basic skills program - Failure or refusal to participate

Current through Supplement No. 393, July, 2024
A failure or refusal to participate in the job opportunities
				  and basic skills program occurs any time the participant:
1. Misses a scheduled appointment for any
				program or approved work activity;
2. Is absent from a program or approved work
				activity when scheduled to be there;
3. States an unwillingness to participate in
				any program or approved work activity;
4. Fails to contact the employment
				contractor, within seven business days from the print date of the referral, to
				set up an appointment to begin involvement in the program;
5. Refuses, despite apparent ability, to
				maintain satisfactory progress in any program or approved work activity;
				or
6. Fails to comply with the
				requirements of the participant's employability plan.
General Authority:
NDCC 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-103 - Job opportunities and basic skills program - Good cause for failure or refusal to comply with a referral to, or participate in, the job opportunities and basic skills program

Current through Supplement No. 393, July, 2024
1. All work-eligible individuals must
				participate in the job opportunities and basic skills program unless good cause
				is granted by the eligibility worker. Good cause for failure or refusal to
				participate in the job opportunities and basic skills program exists when:
a. The household member is incapacitated with
				a physical or mental impairment verified by reliable medical evidence which, by
				itself or in conjunction with age, prevents the individual from working or
				participating in any job opportunities and basic skills program or work
				activity;
b. An individual whose
				substantially continuous presence in the household is necessary to care for
				another member of the household, to whom the individual seeking good cause for
				nonparticipation owes a legal duty to provide care, who has a condition,
				verified by reliable medical evidence, which does not permit self-care, care by
				another household member, or care provided as supportive services;
c. An individual has an illness or injury,
				verified by reliable medical evidence and reviewed every thirty days, which is
				serious enough to temporarily prevent entry into employment or participation in
				any job opportunities and basic skills program activity; or
d. In the case of a parent or other eligible
				caretaker relative of a child under age six, who is personally caring for the
				child full time and who demonstrates an inability to obtain needed child care
				for one or more of the following reasons:
(1)
				Child care is unobtainable at a location such that the usual commuting time
				from the parent's home to the location at which child care is provided, and on
				to the parent's worksite, is one hour or less;
(2) Suitable child care is unobtainable from
				a relative, from an approved child care provider licensed or registered under
				North Dakota Century Code chapter 50-11.1, or from a child care provider not
				required to be licensed or registered under North Dakota Century Code chapter
				50-11.1; or
(3) Child care is
				unobtainable, from a child care provider licensed or registered under North
				Dakota Century Code chapter 50-11.1, at a rate equal to or less than two times
				the maximum allowable amount as determined by the child care assistance
				program.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.2 - Temporary Assistance for Needy Families Program › Section 75-02-01.2-104 - County administration

Current through Supplement No. 393, July, 2024
1. Except as provided in subsection 2, the
				county agency of the county where the household is physically present must be
				responsible for the administration of the program with respect to that
				household.
2. If a household
				receiving assistance moves from one county to another, the outgoing county
				continues to be responsible for the administration of the program with respect
				to that household until the last day of the month after the month in which the
				household assumes physical residence in an incoming county.
General Authority:
NDCC
					 50-09-02,
					 50-09-25
Law Implemented:
NDCC
					 50-09-02
.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.3 - Child Care Assistance › Section 75-02-01.3-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used in this chapter have the same meaning as in
				  North Dakota Century Code chapter 50-33. In addition, as used in this chapter
				  unless the context or subject matter otherwise requires:
1. "Applicant" means an individual who is seeking assistance
				  under this program.
2. "Eligible child" means a child member of a child care
				  assistance unit eligible for payment under the child care and development state
				  plan.
3. "Intentional program violation" means an individual's
				  intentional action or failure to act which consists of:
a. Making a false or misleading statement or misrepresenting,
				  concealing, or withholding facts; or
b. Being convicted in federal or state court of having made a
				  fraudulent statement or representation with respect to child care
				  assistance.
General Authority:
NDCC
					 50-33-02
Law Implemented:
NDCC
					 50-33
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.3 - Child Care Assistance › Section 75-02-01.3-02 - Decision and notice

Current through Supplement No. 393, July, 2024
1. The county
				agency shall notify the applicant or recipient in writing of the approval,
				denial, or termination. If an applicant's applications is denied or a
				recipient's eligibility is terminated, the written notice must include:
a. A statement of the proposed
				action;
b. The reason for the
				proposed action, including the rule, regulation, or statute upon which the
				action is based; and
c. An
				explanation of the applicant's or recipient's right to request an
				appeal.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.3 - Child Care Assistance › Section 75-02-01.3-03 - Closing a case

Current through Supplement No. 393, July, 2024
A case must be closed when:
1. The child care assistance unit includes no
				eligible child.
2. The review
				form:
a. Is not submitted timely;
				or
b. Is incomplete so further
				eligibility cannot be determined.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.3 - Child Care Assistance › Section 75-02-01.3-04 - Available benefits

Current through Supplement No. 393, July, 2024
The child care assistance program shall pay a portion of
				  child care costs related to allowable activities of the caretaker based on
				  family size and countable income by applying a sliding fee schedule established
				  by the department which is based on household size and income.
General Authority:
NDCC
					 50-33-02
Law Implemented:
NDCC
					 50-33-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.3 - Child Care Assistance › Section 75-02-01.3-05 - Approved relative provider's background check information

Current through Supplement No. 393, July, 2024
1. Before approving an individual as an
				approved relative provider, the department shall review available public
				records and the child abuse information index.
2. The department periodically may review
				available public records and the child abuse information index on an approved
				relative provider.
3. Based on
				information from public records, a relative provider applicant's request shall
				be denied; and an approved relative provider shall be terminated at the end of
				the month written notification is given; if he or she has been found guilty of,
				pled guilty to, or pled no contest to:
a. An
				offense described in North Dakota Century Code chapters 12.1-16, homicide;
				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; or in North
				Dakota Century Code sections 12.1-17-01, simple assault; 12.1-17-01.1, assault;
				12.1-17-02, aggravated assault; 12.1-17-03, reckless endangerment; 12.1-17-04,
				terrorizing; 12.1-17-06, criminal coercion; 12.1-17-07.1, stalking; 12.1-17-12,
				assault or homicide while fleeing peace officer; 12.1-20-03, gross sexual
				imposition; 12.1-20-03.1, continuous sexual abuse of child; 12.1-20-04, sexual
				imposition; 12.1-20-05, corruption or solicitation of minors; 12.1-20-05.1,
				luring minors by computer or other electronic means; 12.1-20-06, sexual abuse
				of wards; 12.1-20-07, sexual assault; 12.1-21-01, arson; 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; or
				14-09-22, abuse of a child; or
				14-09-22.1, neglect of a child;
b. An offense under the laws of
				another jurisdiction which requires proof of substantially similar elements as
				required for conviction under any of the offenses identified in subdivision a;
				or
c. An offense other than an
				offense identified in subdivision a or b, if the department determines that the
				individual has not been sufficiently rehabilitated. An offender's completion of
				a period of five years after final discharge or release from any term of
				probation, parole, or other form of community corrections or imprisonment,
				without subsequent charge or conviction, is prima facie evidence of sufficient
				rehabilitation.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.3 - Child Care Assistance › Section 75-02-01.3-06 - Payments to providers - Child care certificate

Current through Supplement No. 393, July, 2024
1. Unless a provider otherwise elects in a
				signed and dated writing, all payments of child care assistance must be made to
				a provider.
2. No payment may be
				made except on presentation of a claim in a form and manner required by the
				department for periods during which all caretakers in the child care assistance
				unit were engaged in an allowable activity.
3. No payment to a provider may be made at a
				rate in excess of that charged by the provider for services to individuals who
				do not receive child care assistance.
4. The department shall issue to the eligible
				caretaker a child care certificate.
General Authority:
NDCC
					 50-33-02
Law Implemented:
NDCC
					 50-06-06.1,
					 50-09-02,
					 50-33
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.3 - Child Care Assistance › Section 75-02-01.3-07 - Treatment of income

Current through Supplement No. 393, July, 2024
1. A child care
				assistance unit's earned income from wages or any other source must be
				considered received in the month it is normally received or
				available.
2. A child care
				assistance unit's earned income from self-employment is computed:
a. From information in the following order of
				priority by:
(1) Using a federal income tax
				return and must be prorated over a twelve-month period that coincides with
				either a calendar year or the fiscal year used on the child care assistance
				unit member's federal tax return;
(2) Annualizing the income for the period of
				time the business has been in operation;
(3) Using income and costs of good ledgers;
				or
(4) Estimating the effect on the
				annual income based on the best information available from the child care
				assistance unit.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.3 - Child Care Assistance › Section 75-02-01.3-08 - Disregarded income

Current through Supplement No. 393, July, 2024
The following types of income must be disregarded in
				  determining child care assistance eligibility and benefits.
1. Money payments made by the department in
				connection with foster care, subsidized guardianship, family subsidy, or the
				subsidized adoption program;
2.
				Temporary assistance for needy families benefits and support services
				payments;
3. Benefits received
				through the low-income home energy assistance program;
4. County general assistance;
5. Irregular cash gifts received by a child
				care assistance unit;
6. A loan
				from any source that is subject to a written agreement requiring repayment by
				the child care assistance unit;
7.
				A child care assistance unit's income tax refunds and earned income credits;
8. Training allowances of up to
				thirty dollars per week provided to a child care assistance unit member through
				a tribal native employment works program;
9. Training stipends provided by private,
				charitable organizations to a child care assistance unit member who is a victim
				of domestic violence for the member of the child care assistance unit to attend
				educational programs;
10. The first
				two thousand dollars per year of lease payments deposited in an individual
				Indian monies account for a child care assistance unit member;
11. Any income required by federal law to be
				disregarded;
12. Earned income of
				all children in the child care assistance unit;
13. A one-time bonus incentive payment or
				commission to a child care assistance unit member;
14. Vendor payments or other payments made to
				a third party on behalf of the child care assistance unit;
15. Stipend payments to a child care
				assistance unit that do not require work as a condition of receipt;
16. Nonrecurring lump sum payments to a child
				care assistance unit;
17. Irregular
				income from sale of craft items and rummage sales;
18. Payments made by cafeteria or flex
				compensation plans to a child care assistance unit member;
19. Funds raised on behalf of the child care
				assistance unit, or any member of that unit, if the child care assistance unit
				does not have access to the funds; and
20. Income from contracts for deed.
General Authority:
NDCC
					 50-33-02
Law Implemented:
NDCC
					 50-33-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.3 - Child Care Assistance › Section 75-02-01.3-09 - Deduction for child support and spousal support

Current through Supplement No. 393, July, 2024
Court-ordered child support and court-ordered spousal
				  support, including arrearages, interest, and fees charged for income
				  withholding, paid by or collected from a child care assistance unit member,
				  whose income is counted in determining eligibility and benefit amounts, may be
				  deducted from the child care assistance unit's income.
General Authority:
NDCC
					 50-33-02
Law Implemented:
NDCC
					 50-33-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.3 - Child Care Assistance › Section 75-02-01.3-10 - Caretaker choice - Contract between caretaker and provider

Current through Supplement No. 393, July, 2024
The caretaker of each eligible child who receives or is
				  offered child care services for which financial assistance is provided through
				  the child care and development fund may choose the approved relative provider,
				  registrant, holder of a self-declaration, or licensed provider of services to
				  that child. The department is not bound by or responsible for either party's
				  compliance with the terms of any contract entered between a provider and a
				  caretaker.
General Authority:
NDCC
					 50-33-02
Law Implemented:
NDCC
					 50-33-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.3 - Child Care Assistance › Section 75-02-01.3-11 - Limitations

Current through Supplement No. 393, July, 2024
1. No caretaker in a child care assistance
				unit that includes two or more caretakers may be provided a benefit under this
				chapter for anytime another caretaker is available, or is treated under this
				chapter as available, to meet the needs of the child for whom assistance is
				sought.
2. If other eligibility
				criteria is met, a caretaker who is attending school in a one-year or two-year
				postsecondary vocational program that will lead to a certificate or a degree,
				high school or, a program leading to a general equivalency diploma may be
				eligible to receive assistance under this program.
General Authority:
NDCC
					 50-33-02
Law Implemented:
NDCC
					 50-33-02
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.3 - Child Care Assistance › Section 75-02-01.3-12 - Intentional program violation - Disqualification penalties

Current through Supplement No. 393, July, 2024
1. An individual who, on any basis, is found
				to have committed an intentional program violation by a state administrative
				disqualification proceeding or by a federal or state court is subject to the
				penalties provided in this section. An individual who waives the individual's
				right to appear at an intentional program violation hearing is subject to the
				penalties provided in this section.
2. The county agency shall notify an
				individual in writing of an intentional program violation. The written notice
				must include:
a. A statement of the proposed
				action;
b. The reason for the
				proposed action, including the rule, regulation, or statute upon which the
				action is based; and
c. An
				explanation of the individual's right to request an administrative hearing
				under chapter 75-01-03.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-01.3 - Child Care Assistance › Section 75-02-01.3-13 - Appeals

Current through Supplement No. 393, July, 2024
1. An applicant, recipient, relative provider
				applicant, or approved relative provider of child care assistance aggrieved by
				a determination made under this chapter may appeal that decision by the
				department. An applicant, recipient, relative provider applicant, or approved
				relative provider of child care assistance aggrieved by a decision must appeal
				in writing and include documentation of all of the following information:
a. A copy of the letter received from the
				department advising of the department's decision ;
b. A statement of disputed facts, if
				any;
c. The authority in statute or
				rule upon which the applicant for, recipient of relative provider applicant, or
				approved relative provider of child care assistance relies for each disputed
				item; and
d. The name, address, and
				telephone number of the individual to whom the department will send all notices
				and information regarding the appeal.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-01 - Purpose

Current through Supplement No. 393, July, 2024
Repealed effective December 1, 1991, unless chapter
				  75-02-02.1 is appealed pursuant to section 27 of 1991 House Bill No. 1194 and
				  is not affirmed.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-02 - Authority and objective

Current through Supplement No. 393, July, 2024
Under authority of North Dakota Century Code chapters 50-24.1
				  and 50-29, the department is empowered to promulgate such rules and regulations
				  as are necessary to qualify for federal funds under section 1901 specifically
				  and titles XIX and XXI generally of the Social Security Act. These regulations
				  are subject to the Medicaid and children's health insurance program state plan
				  and to applicable federal and state law and regulations.
General Authority:
NDCC 50-06-05.1,
					 50-24.1-04
Law Implemented:
NDCC 50-24.1-04,
					 42 USC
					 1396a
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-03 - State organization

Current through Supplement No. 393, July, 2024
1.
Single state agency.
The department of health and human services
				is the single state agency with authority to supervise the administration of
				the Medicaid and children's health insurance program state plan and
				program.
2.
Statewide
				operation.
a. The state plan will be
				in operation, through a system of local offices on a statewide basis, in
				accordance with equitable standards for assistance and administration that are
				mandatory throughout the state.
b.
				The state plan will be administered by the political subdivisions of the state
				and will be mandatory on such political subdivisions.
c. The department of health and human
				services, hereinafter referred to as the department, will assure that the plan
				is continuously in operation in all local offices or local agencies through:
(1) Methods for informing staff of state
				policies, standards, procedures, and instructions.
(2) Regular planned examination and
				evaluation of operations in local offices by regularly assigned state staff,
				including regular visits by such staff; and through reports, controls, or other
				necessary methods.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-03.1 - Definitions

Current through Supplement No. 393, July, 2024
Repealed effective December 1, 1991, unless chapter
				  75-02-02.1 is appealed pursuant to section 27 of 1991 House Bill No. 1194 and
				  is not affirmed.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-04 - Application and decision

Current through Supplement No. 393, July, 2024
Repealed effective December 1, 1991, unless chapter
				  75-02-02.1 is appealed pursuant to section 27 of 1991 House Bill No. 1194 and
				  is not affirmed.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-05 - Furnishing assistance

Current through Supplement No. 393, July, 2024
Repealed effective December 1, 1991, unless chapter
				  75-02-02.1 is appealed pursuant to section 27 of 1991 House Bill No. 1194 and
				  is not affirmed.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-08 - Amount, duration, and scope of Medicaid and children's health insurance program

Current through Supplement No. 393, July, 2024
1. Within any
				limitations which may be established by rule, regulation, or statute and within
				the limits of legislative appropriations, eligible recipients may obtain the
				medically necessary medical and remedial care and services which are described
				in the approved Medicaid and children's health insurance program state plan in
				effect at the time the service is rendered by providers. Services may include:
a.
(1)
				Inpatient hospital services. "Inpatient hospital services" means those items
				and services ordinarily furnished by the hospital for the care and treatment of
				inpatients provided under the direction of a physician or dentist in an
				institution maintained primarily for treatment and care of patients with
				disorders other than tuberculosis or mental diseases and which is licensed or
				formally approved as a hospital by an officially designated state
				standard-setting authority and is qualified to participate under title XVIII of
				the Social Security Act, or is determined currently to meet the requirements
				for such participation; and which has in effect a hospital utilization review
				plan applicable to all patients who receive Medicaid or children's health
				insurance program.
(2) Inpatient
				prospective payment system hospitals that are reimbursed by a
				diagnostic-related group will follow Medicare guidelines for supplies and
				services included and excluded as outlined in
				42 CFR
				409.10.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-09 - Nursing facility level of care

Current through Supplement No. 393, July, 2024
1.
				"Nursing facility level of care" means, for purposes of Medicaid and children's
				health insurance program, services provided by a facility that meets the
				standards for nursing facility licensing established by the department, and in
				addition, meets all requirements for nursing facilities imposed under federal
				law and regulations governing the Medicaid program and the children's health
				insurance program.
2. Except as
				provided in subsection 3 or 4, an individual who applies for care in a nursing
				facility, or who resides in a nursing facility, may demonstrate that a nursing
				facility level of care is medically necessary only if any one of the criteria
				in this subsection is met.
a. The individual's
				nursing facility stay is, or is anticipated to be, temporary for receipt of
				Medicare part A benefits. A nursing facility stay may be based on this
				criterion for no more than fourteen days after termination of Medicare part A
				benefits.
b. The individual is in a
				comatose state.
c. The individual
				requires the use of a ventilator at least six hours per day, seven days a
				week.
d. The individual has
				respiratory problems that require regular treatment, observation, or monitoring
				that may only be provided by or under the direction of a registered nurse or,
				in the case of a facility which has secured a waiver of the requirements of
				42 CFR
				483.30(b), a licensed
				practical nurse, and is incapable of self-care.
e. The individual requires constant help
				sixty percent or more of the time with at least two of the activities of daily
				living of toileting, eating, transferring, and locomotion. For purposes of this
				subdivision, constant help is required if the individual requires a caregiver's
				continual presence or help without which the activity would not be
				completed.
f. The individual
				requires aspiration for maintenance of a clear airway.
g. The individual has dementia,
				physician-diagnosed or supported with corroborative evidence, for at least six
				months, and as a direct result of that dementia, the individual's condition has
				deteriorated to the point when a structured, professionally staffed environment
				is needed to monitor, evaluate, and accommodate the individual's changing
				needs.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-09.2 - Limitations on inpatient rehabilitation

Current through Supplement No. 393, July, 2024
No payment will be made for inpatient rehabilitation services
				  provided to a recipient age twenty-one or older, in a distinct part unit of a
				  hospital, except for the first thirty days of each admission.
General Authority:
NDCC
					 50-24.1-04
Law Implemented:
NDCC
					 50-24.1-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-09.3 - Limitations on payment for dental services

Current through Supplement No. 393, July, 2024
1. No payment will
				be made for single crowns on posterior teeth for individuals twenty-one years
				of age and older except for stainless steel crowns. Payment for other crowns
				may be allowed by the department for the anterior portion of the mouth for
				adults if the crown is necessary and has been previously approved by the
				department.
2. No payment will be
				made for single crowns on posterior teeth for individuals under age twenty-one
				except for stainless steel crowns. Payment may be made if a dental condition
				exists that makes stainless steel crowns impracticable and the provider has
				secured the prior approval of the department.
3. Payment will be made for partial dentures
				for upper and lower temporary partial stayplate dentures. Payment may be made
				for other types of partial dentures designed to replace teeth in the anterior
				portion of the mouth if the provider secures prior approval from the
				department. Replacement of dentures is limited to every five years unless a
				medical condition of a recipient, verified by a dental consultant, renders the
				present dentures unusable. This limitation does not apply to individuals
				eligible for the early and periodic screening, diagnosis, and treatment
				program.
General Authority:
NDCC 50-24.1-04
Law Implemented:
NDCC
					 50-24.1-04
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-09.4 - General limitations on amount, duration, and scope

Current through Supplement No. 393, July, 2024
1. Covered medical
				or remedial services or supplies are medically necessary when determined so by
				the medical provider unless the department has:
a. Denied a prior treatment authorization
				request to provide the service;
b.
				Imposed a limit that has been exceeded;
c. Imposed a condition that has not been
				met;
d. Upon review under North
				Dakota Century Code chapter 50-24.1, determined that the service or supplies
				are not medically necessary.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-10 - Limitations on inpatient psychiatric services for individuals under age twenty-one

Current through Supplement No. 393, July, 2024
1. Inpatient
				psychiatric services for individuals under age twenty-one must be provided:
a. Under the direction of a
				physician;
b. By a psychiatric
				hospital or an inpatient psychiatric program in a hospital, accredited by the
				joint commission on accreditation of health care organizations, or by a
				psychiatric facility that is not a hospital and which is accredited by the
				joint commission on accreditation of health care organizations, the commission
				on accreditation of rehabilitation facilities, the council on accreditation of
				services for families and children, or by any other accrediting organization
				with comparable standards; and
c.
				Before the recipient reaches age twenty-one, or, if the individual was under
				age twenty-one at the time of admission, before the earlier of:
(1) The date the recipient no longer requires
				inpatient psychiatric services; or
(2) The date the recipient reaches age
				twenty-two.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-10.1

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-24.1-04;
					 42 CFR
					 456.1; 42 CFR 456.3
Law Implemented:
NDCC 50-24.1-04; 42 CFR Part
					 441, subpart D
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02 - Medical Services › Section 75-02-02-10.2 - Limitations on services for treatment of substance use disorder

Current through Supplement No. 393, July, 2024
1. For purposes of
				this section:
a. "Clinically managed
				high-intensity residential care" means services for treatment of substance use
				disorder as prescribed in chapters 75-09.1-03 and 75-09.1-03.1.
b. "Clinically managed low-intensity
				residential care" means services for treatment of substance use disorder as
				prescribed in chapters 75-09.1-02 and 75-09.1-02.1.
c. "Clinically managed residential
				withdrawal" means services for treatment of substance use disorder as
				prescribed in chapter 75-09.1-08.
d. "Intensive outpatient treatment" means
				services for treatment of substance use disorder as prescribed in chapters
				75-09.1-06 and 75-09.1-06.1.
e.
				"Medically monitored intensive inpatient treatment" means services for
				treatment of substance use disorder as prescribed in chapters 75-09.1-04 and
				75-09.1-04.1.
f. "Outpatient
				services" means services for treatment of substance use disorder as prescribed
				in chapters 75-09.1-07 and 75-09.1-07.1.
g. "Partial hospitalization" means services
				for treatment of substance use disorder as prescribed in chapters 75-09.1-05
				and 75-09.1-05.1.
h. "Services for
				treatment of substance use disorder" means services provided to an individual
				with an impairment resulting from a substance use disorder which are provided
				by a multidisciplinary team of health care professionals and are designed to
				stabilize the health of the individual. Services for treatment of substance use
				disorder may be hospital-based or nonhospital-based.