North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-09 - General practices

Current through Supplement No. 393, July, 2024
The provider:
1.
				Shall permit a representative of the department, county agency, 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, county agency, 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, or to the resident's representative,
				whichever is appropriate;
4. Shall
				assure that 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, 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, sexual orientation, age,
				religion, national origin, marital status, political belief, or mental or
				physical handicap;
6. Shall accept
				direction, advice, and suggestions concerning the care of residents from the
				department, county agency, or other individual or organization serving a
				resident;
7. Shall assure that
				residents receiving care are not subjected to abuse, sexual abuse, neglect, or
				exploitation;
8. Shall undergo a
				medical examination, psychological evaluation, or drug and alcohol evaluation
				when requested by the department or county agency when there is reason to
				believe that such an examination or evaluation is reasonably
				necessary;
9. Shall authorize the
				release of a report of any examination or evaluation, required under subsection
				8, to the department or county agency;
10. Shall immediately report changes in the
				identity or number of individuals living in the facility to the department or
				county agency;
11. Shall
				immediately report an inability to provide care to the resident to the county
				agency;
12. Shall allow a
				representative of the department, or county agency, to enter the premises,
				examine the facility and records maintained with respect to the residents, and
				interview the residents, provider, and caregivers in order to evaluate
				compliance with this chapter;
13.
				Shall cooperate with the department or county agency in inspections, complaint
				investigations, planning for the care of a resident, application procedures,
				and other necessary activities, and allow access of the department, county
				agency, ombudsman, or other authorized individuals to the facility and its
				residents;
14. May not retaliate
				against any resident, who has filed a complaint with the department or county
				agency, 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;
15. Shall meet criteria
				established by the department for employment outside of the facility;
16. Must be free of influence, control, and
				direction in the operation of the facility by the landlord if the private
				residence is being rented;
17. May
				not use a transfer of ownership of a resident's possessions or property as
				payments;
18. 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;
19. 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 licensed provider;
20. 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 exceeding more than two times in a calendar year;
21. 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
				individual or anyone acting on the individual's behalf, seventy-five percent of
				estimated fair market value; or
(2)
				If conveyed to someone in a confidential relationship with the individual or
				anyone acting on the individual'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;