North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-01 - Licensing of Programs and Services for Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-01-20 - 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 which:
a. Guarantees each client a
				person-centered service plan pursuant to the provisions of North Dakota Century
				Code section 25-01.2-14;
b.
				Guarantees that each client, client-authorized representative, or advocate
				receives written notice of the client's rights in the manner provided by North
				Dakota Century Code section 25-01.2-16;
c. Guarantees that each client admission is
				subject to a multidisciplinary determination that placement is appropriate
				pursuant to North Dakota Century Code section 25-01.2-02;
d. Guarantees the client 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, unrestricted
				access to legal counsel, and guarantees that all rules regarding such conduct
				are posted or made available pursuant to North Dakota Century Code sections
				25-01.2-03, 25-01.2-04, and 25-01.2-05;
e. Guarantees that such restrictions as may
				be imposed upon a client relate solely to capability and are imposed pursuant
				to the provisions of a person-centered service plan;
f. Guarantees the confidentiality of all
				client records;
g. Guarantees that
				the client receives adequate remuneration for compensable labor, that
				subminimum wages are paid only pursuant to title 29 , Code of Federal
				Regulations, part 525, et seq., that the client has the right to seek
				employment in integrated settings, that restrictions upon client access to
				money are subject to the provisions of a person-centered service plan, that
				assets managed by the applicant on behalf of the client inure solely to the
				benefit of that client, that each client has a money management plan or
				documented evidence of the client's capacity to manage money, and that, in the
				event the applicant is a representative payee of a client, the informed consent
				of the client is obtained and documented;
h. Guarantees the client access to
				appropriate and timely medical and dental care and adequate protection from
				infectious and communicable diseases, and guarantees effective control and
				administration of medication, as well as prevention of drug use as a substitute
				for programming;
i. Guarantees the
				client freedom from corporal punishment, imposition of isolation, seclusion,
				chemical, physical, or mechanical restraint, except as prescribed by North
				Dakota Century Code section 25-01.2-10 or these rules, and guarantees the
				client freedom from psychosurgery, sterilization, medical behavioral research,
				pharmacological research, and electroconvulsive therapy, except as prescribed
				by North Dakota Century Code sections 25-01.2-09 and 25-01.2-11;
j. Guarantees, where applicable, that a
				nutritious diet, approved by a qualified dietitian, will be provided in
				sufficient quantities to meet the client's dietary needs;
k. Guarantees the client the right to choose
				and refuse services, who provides the services, the right of the client and the
				client'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 client or others;
l. Assures the client safe and sanitary
				living and working arrangements and provides for emergencies or disasters and
				first-aid training for staff;
m.
				Assures the existence and operation of both behavior management and human
				rights committees;
n. Assures that
				residential provider agency will coordinate with the developmental and remedial
				services outside the residential setting in which a client lives;
o. Assures that adaptive equipment, where
				appropriate for personal hygiene, self-care, mobility, or communication is
				provided in the service for use by individuals with disabilities consistent
				with the person-centered service plan;
p. Assures that all service staff demonstrate
				basic professional competencies as required by their job descriptions and
				complies with all required trainings, credentialing, and professional
				development activities;
q. Assures
				that annual evaluations that measure program outcomes against previously stated
				goals and objectives are conducted;
r. Assures that all vehicles transporting
				clients 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;
s. Assures that an annual inspection with a
				written report of safety program and practices is conducted in facilities
				providing day services;
t.
				Guarantees that incidents of alleged abuse , neglect, and exploitation are
				thoroughly investigated and reported to the governing body, chief executive
				officer, client-authorized representative, or advocate, the protection and
				advocacy project, and the department with written records of these proceedings
				being retained for three years; guarantees that all incidents of restraint
				utilized to control or modify a client's behavior are recorded and reported to
				the governing body; guarantees that any incident resulting in injury to the
				client or agency staff that requires medical attention or hospitalization must
				be recorded and reported to the governing body immediately, and as soon
				thereafter as possible to the client-authorized representative or advocate; and
				guarantees that incidents resulting in injury to the client or agency staff
				that requires extended hospitalization, endangers life, or results in permanent
				disability must also be reported to the department immediately; and guarantees
				that corrective action plans are implemented;
u. Guarantees that a grievance procedure,
				reviewed and approved by the department, affords the client or the client's
				authorized representative or advocate the right to a fair 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;
v.
				Assures that policies and procedures are established and maintained for the
				management and maintenance of property and equipment purchased or depreciated
				with state funds. The applicant shall make the records, and items identified in
				them, available for inspection by the department, or designee, upon request to
				facilitate a determination of the adequacy with which the applicant is managing
				property and equipment;
w. Assures
				that policies and procedures regarding admission to their services and
				termination of services are in conformance with the rules of the
				department;
x. Assures that all
				documentation, data reporting requirements, rules, regulations, and policies
				are conducted as required by the department; and
y. Assures that all applicable federal and
				state laws and regulations are being abided by.