reglab/statecodes huggingface dataset:
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 75-04-01-37 - Emergency plans

Current through Supplement No. 393, July, 2024
There must be written plans and procedures, which are clearly
				  communicated to and periodically reviewed with staff and clients for meeting
				  emergencies, including fire, serious illness, severe weather, and missing
				  individuals. Applicable requirements of state law and regulations by the state
				  fire marshal and applicable licensing authorities must be met.
General Authority: NDCC
					 25-16-06,
					 50-06-16
Law Implemented: NDCC
					 25-16-03
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 75-04-01-38 - Insurance and bond requirements

Current through Supplement No. 393, July, 2024
1.
				Licensees shall secure and maintain insurance and bonds appropriate for the
				size of the programs, including:
a. A blanket
				fidelity bond equal to not less than ten percent of the total operating costs
				of the program;
b. Property
				insurance covering all risks at replacement costs and costs of extra expense
				for loss of use;
c. Liability
				insurance covering bodily injury, property damage, personal injury, teacher
				liability, professional liability, and umbrella liability as applicable; and
d. Automobile or vehicle insurance
				covering property damage, comprehensive, collision, uninsured motorist, bodily
				injury, and no fault.
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 75-04-01-39 - Variance

Current through Supplement No. 393, July, 2024
Upon written application and good cause shown to the
				  satisfaction of the department, the department may grant a variance, to an
				  institutional intermediate care facility for individuals with intellectual
				  disabilities, or group homes, from subsection 1 of section
				  75-04-01-27,
				  subsections 1, 2, and 3 of section
				  75-04-01-29,
				  and subsection 3 of section
				  75-04-01-31,
				  except no variance may permit or authorize a danger to the health or safety of
				  an individual served by the facility.
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-06
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 75-04-01-40 - Documentation and data reporting requirements

Current through Supplement No. 393, July, 2024
1. Licensee shall
				submit and retain all requisite documentation to demonstrate the right to
				receive payment for all services and supports and comply with all federal and
				state laws, regulations, and policies necessary to disclose the nature and
				extent of services provided and all information to support claims submitted by,
				or on behalf of, the provider agency.
2. The department may require a licensee to
				submit a statement of policies and procedures, and evidence of the
				implementation of the statement, in order to facilitate a determination the
				licensee is in compliance with the rules of the department and with North
				Dakota Century Code chapters 25-01.2 and 25-16.
3. Licensee shall maintain program records,
				fiscal records, and supporting documentation, including:
a. Authorization from the department for each
				client for whom service is billed;
b. Attendance sheets and other records
				documenting the days and times the clients received the billed services from
				the licensee; and
c. Records of all
				bills submitted to the department for payment.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-02 - Purchase of Service for Individuals with Developmental Disabilities (Repealed) › Section 75-04-02-01 - Purchase of service (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-02 - Purchase of Service for Individuals with Developmental Disabilities (Repealed) › Section 75-04-02-02 - Fiscal requirement (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-02 - Purchase of Service for Individuals with Developmental Disabilities (Repealed) › Section 75-04-02-06 - Payments to related organizations restricted (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-02 - Purchase of Service for Individuals with Developmental Disabilities (Repealed) › Section 75-04-02-07 - Articles and bylaws of provider agency (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-02 - Purchase of Service for Individuals with Developmental Disabilities (Repealed) › Section 75-04-02-08 - Provider agencies policies and procedures (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-02 - Purchase of Service for Individuals with Developmental Disabilities (Repealed) › Section 75-04-02-11 - Access to provider agency premises and records (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-01.2-18, 25-16-06,
					 50-06-16
Law Implemented:
NDCC 25-01.2-03,
					 25-16-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-02 - Purchase of Service for Individuals with Developmental Disabilities (Repealed) › Section 75-04-02-12 - Lobbying and political activity (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-02 - Purchase of Service for Individuals with Developmental Disabilities (Repealed) › Section 75-04-02-13 - Indemnification (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-02 - Purchase of Service for Individuals with Developmental Disabilities (Repealed) › Section 75-04-02-14 - Grievance procedure (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-01.2-18, 25-16-06,
					 50-06-16
Law Implemented:
NDCC 25-01.2-18,
					 25-16-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-02 - Purchase of Service for Individuals with Developmental Disabilities (Repealed) › Section 75-04-02-15 - Property management and inventory (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-02 - Purchase of Service for Individuals with Developmental Disabilities (Repealed) › Section 75-04-02-16 - Accounting for funds (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-02 - Purchase of Service for Individuals with Developmental Disabilities (Repealed) › Section 75-04-02-17 - Rate of reimbursement (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-16-06,
					 50-06-16
Law Implemented:
NDCC
					 25-16-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-02 - Purchase of Service for Individuals with Developmental Disabilities (Repealed) › Section 75-04-02-18 - Program management (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-01.2-18, 25-16-06,
					 50-06-16
Law Implemented:
NDCC 25-01.2-18,
					 25-16-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-03 - Developmental Disabilities Loan Program (Repealed) › Section 75-04-03-01 - Definitions (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-09.6-02,
					 50-06-16
Law Implemented: NDCC
					 6-09.6
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-03 - Developmental Disabilities Loan Program (Repealed) › Section 75-04-03-02 - State and federal requirements (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-09.6-02,
					 50-06-16
Law Implemented: NDCC
					 6-09.6
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-03 - Developmental Disabilities Loan Program (Repealed) › Section 75-04-03-03 - Applicant eligibility (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-09.6-02,
					 50-06-16
Law Implemented: NDCC
					 6-09.6
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-03 - Developmental Disabilities Loan Program (Repealed) › Section 75-04-03-04 - Location of residential facility (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-09.6-02,
					 50-06-16
Law Implemented: NDCC
					 6-09.6
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-03 - Developmental Disabilities Loan Program (Repealed) › Section 75-04-03-09 - Residential physical plant (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-09.6-02,
					 50-06-16
Law Implemented: NDCC
					 6-09.6
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-03 - Developmental Disabilities Loan Program (Repealed) › Section 75-04-03-10 - Day service facilities (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-09.6-02,
					 50-06-16
Law Implemented: NDCC
					 6-09.6
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-03 - Developmental Disabilities Loan Program (Repealed) › Section 75-04-03-11 - Variance (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-09.6-02,
					 50-06-16
Law Implemented: NDCC
					 6-09.6
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-03 - Developmental Disabilities Loan Program (Repealed) › Section 75-04-03-12 - Financing (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-09.6-02,
					 50-06-16
Law Implemented: NDCC
					 6-09.6
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-03 - Developmental Disabilities Loan Program (Repealed) › Section 75-04-03-14 - Tax exemption (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-09.6-02,
					 50-06-16
Law Implemented: NDCC
					 6-09.6
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-03 - Developmental Disabilities Loan Program (Repealed) › Section 75-04-03-15 - Facilities for the chronically mentally ill (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-09.6-02,
					 50-06-16
Law Implemented: NDCC
					 6-09.6
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-03 - Developmental Disabilities Loan Program (Repealed) › Section 75-04-03-16 - Facilities for the physically handicapped (Repealed) (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-09.6-02,
					 50-06-16
Law Implemented: NDCC
					 6-09.6
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-03 - Developmental Disabilities Loan Program (Repealed) › Section 75-04-03-17 - Transfer and assignment (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-09.6-02,
					 50-06-16
Law Implemented: NDCC
					 6-09.6
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-03 - Developmental Disabilities Loan Program (Repealed) › Section 75-04-03-18 - Reapplications (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC 6-09.6-02,
					 50-06-16
Law Implemented: NDCC
					 6-09.6
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-04 - Family Subsidy Program (Repealed) › Section 75-04-04-02 - Objective (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: S.L. 1979, ch. 10, § 4; NDCC
					 50-06-05.1
Law Implemented: S.L. 1979, ch. 10, §
					 4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-04 - Family Subsidy Program (Repealed) › Section 75-04-04-03 - Definitions (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: S.L. 1979, ch. 10, § 4; NDCC
					 50-06-05.1
Law Implemented: S.L. 1979, ch. 10,
					 §4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-04 - Family Subsidy Program (Repealed) › Section 75-04-04-04 - Application process and priority for assistance (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: S.L. 1979, ch. 10, § 4; NDCC
					 50-06-05.1
Law Implemented: S.L. 1979, ch. 10,
					 §4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-04 - Family Subsidy Program (Repealed) › Section 75-04-04-05 - Eligibility for family subsidy program (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: S.L. 1979, ch. 10, § 4; NDCC
					 50-06-05.1
Law Implemented: S.L. 1979, ch. 10, §
					 4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-04 - Family Subsidy Program (Repealed) › Section 75-04-04-06 - Certification process (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: S.L. 1979, ch. 10, § 4; NDCC
					 50-06-05.1
Law Implemented: S.L. 1979, ch. 10,
					 §4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-04 - Family Subsidy Program (Repealed) › Section 75-04-04-07 - Appeal from denial or discontinuance (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: S.L. 1979, ch. 10, §4
Law Implemented: S.L. 1979, ch. 10,
					 §4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-04 - Family Subsidy Program (Repealed) › Section 75-04-04-08 - Reimbursement to eligible parents (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: S.L 1979, ch. 10, § 4, S.L. 1989,
					 ch. 68, § 4; NDCC
					 50-06-05.1
Law Implemented: S.L. 1979, ch. 10, § 4; S.L. 1989,
					 ch. 68, § 4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-04 - Family Subsidy Program (Repealed) › Section 75-04-04-09 - Responsibilities of parents participating in the family subsidy program (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: S.L. 1979, ch. 10, § 4; NDCC
					 50-06-05.1
Law Implemented: S.L. 1979, ch. 10,
					 §4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-04 - Family Subsidy Program (Repealed) › Section 75-04-04-10 - Discontinuance of participation in the family subsidy program (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: S.L. 1979, ch. 10, § 4; NDCC
					 50-06-05.1
Law Implemented: S.L. 1979, ch. 10,
					 §4
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-02 - Eligibility for payment

Current through Supplement No. 393, July, 2024
Provider agencies of service are eligible for payment for the
				  costs of rendered services contingent upon the following:
1. The provider agency, other than a
				state-owned or state-operated provider agency, is required to hold a current
				valid license, issued pursuant to the provisions of chapter 75-04-01
				authorizing the delivery of the service.
2. The provider agency's clients have on file
				with the department a current person-centered service plan.
3. The provider agency has a current valid
				provider agency agreement with the department authorizing the
				payment.
4. The provider agency
				adopts and uses a system of accounting prescribed by the department.
5. The provider agency participates in the
				program audit and utilization review process established by the
				department.
6. The provider agency
				is in compliance with all documentation requirements in 75-04-01.
7. Provider agency, as a condition of
				eligibility for payment for services provided to individuals with developmental
				disabilities, shall accept, as payment in full, sums paid in accordance with
				the established rate of payment.
General Authority:
NDCC 25-01.2-18,
					 50-06-16
Law Implemented:
NDCC 25-18-03,
					 50-24.1-01
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-08 - Financial reporting requirements

Current through Supplement No. 393, July, 2024
1.
Records.
a. The provider agency
				shall maintain on the premises the required census records and financial
				information sufficient to provide for a proper state and federal audit or
				review. Data must be available for any cost on the statement of costs as of the
				audit date to fully support the statement item.
b. If several programs are associated with a
				group and their accounting and reports are centrally prepared, additional
				fiscal information must be submitted for costs, undocumented at the reporting
				facility, with the statement of costs or provided prior to the audit or review
				of the facility. Accounting or financial information regarding related
				organizations must be readily available to substantiate cost.
c. Each provider agency shall maintain, for a
				period of not less than six years following the date of submission of the
				statement of costs to the department, financial and statistical records of the
				period covered by such statement of costs which are accurate and in sufficient
				detail to substantiate the cost data reported. If an audit has begun, but has
				not been finally resolved, the financial and statutory records relating to the
				audit must be retained until final resolution. Each provider agency shall make
				such records available upon reasonable demand to representatives of the
				department or to the secretary of health and human services or representatives
				thereof.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-09 - Rate payments

Current through Supplement No. 393, July, 2024
1. The direct care
				hourly rate and components for each service are issued in a rate matrix
				established by the department. The components are:
a. The direct care hourly rate for
				intermediate care facilities for individuals with developmental disabilities
				must include direct care wage, employment-related costs, relief staff,
				administrative cost, vacancy factor, and program support, including room and
				board. Building depreciation and related interest costs will be calculated
				either by an established percentage, or if a facility is acquired or built
				after January 1, 2010, the provider agency may choose the actual building
				depreciation and related interest costs relating to the facility for the life
				of the building to be added to the rate. For facilities acquired after January
				1, 2010, subdivision c of subsection 3 of section
				75-04-05-15 must be followed in
				determining remaining useful life. After the depreciable life is complete the
				established percentage for building depreciation and related interest costs
				will be utilized.
b. The direct
				care hourly rate for residential habilitation must include direct care wage,
				employment-related expenses, relief staff, program support, administrative
				costs, and a vacancy factor.
c. The
				direct care hourly rate for independent habilitation, day habilitation,
				prevocational services, individual employment supports, and small group
				employment supports must include direct care wage, employment-related expenses,
				relief staff, program support, and administrative costs.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-09.1 - Assessments

Current through Supplement No. 393, July, 2024
1. An assessment
				must be completed within ninety days or at the time there are sufficient
				qualified responders, for a client who has been determined eligible to receive
				developmental disabilities services and is receiving a service that requires an
				assessment score to determine payment. The assessment effective date is the
				first date the client began receiving a service.
2. A reassessment must be completed every
				thirty-six months for a client aged sixteen or older or every twelve months for
				a client under age sixteen, or more frequently if a life-changing event occurs.
a. A reassessment based on a life-changing
				event may be requested by a client, a client-authorized representative, or an
				employee of a provider agency. Requests for reassessment must be made in
				writing to the appropriate department regional office.
b. The assessment effective date is reset
				upon completion of a reassessment as a result of a life-changing
				event.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-10 - Cost centers

Current through Supplement No. 393, July, 2024
The cost centers where direct and indirect costs are
				  allocated on a provider agency's statement of costs may include:
1. Administration.
2. Indirect program support costs.
3. Provider agency shall disclose to the
				department direct care costs for staff that provide direct care and nursing
				services separately for the annual statement of costs. Costs shall only
				include:
a. Direct care staff salaries and
				fringe benefits; and
b. Contracted
				costs for services purchased to actively provide support to clients receiving a
				service from a provider agency.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-12 - Adjustment to cost and cost limitation

Current through Supplement No. 393, July, 2024
1. Provider
				agencies under contract with the department to provide services to individuals
				with developmental disabilities who provide intermediate care facilities for
				individuals with intellectual disabilities shall submit a statement of costs to
				the department by October first of each year.
2. Provider agencies shall disclose all costs
				and all revenues.
3. Provider
				agencies shall identify income to offset costs when applicable in order that
				state financial participation not supplant or duplicate other funding sources.
				Income must be offset up to the total of appropriate allowable costs. If actual
				costs are not identifiable, income must be offset up to the total of costs
				described in this section. If costs relating to income are reported in more
				than one cost category, the income must be offset in the ratio of the costs in
				each cost category. These sources, and the cost to be offset, must include the
				following:
a. Fees, the cost of the service
				or time for which the fee was imposed excluding those fees based on cost as
				established by the department.
b.
				Insurance recoveries income, costs reported in the current year to the extent
				of costs allowed in the prior or current year for that loss.
c. Rental income, cost of space in facilities
				or for equipment included in the rate of payment.
d. Telephone and internet income from
				clients, staff, or guests, cost of the service.
e. Rental assistance or subsidy when not
				reported as third-party income, total costs.
f. Interest or investment income, interest
				expense.
g. Medical payments, cost
				of medical services included in the rate of payment as appropriate.
h. Respite care income when received for a
				reserved bed, room, board, and staff costs.
i. Other income to the provider agency from
				local, state, or federal units of government may be determined by the
				department to be an offset to cost.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-13.1 - Allowable bad debt expense

Current through Supplement No. 393, July, 2024
1. Bad debts for
				charges incurred in or after July 1, 2005, and fees paid for the collections of
				those bad debts are allowable only as provided in this section.
2. A bad debt expense must result from
				nonpayment of the payment rate for an individual who is no longer receiving
				services from the provider agency claiming the bad debt expense.
3. The provider agency must provide
				documentation to the department which verifies that the provider agency made
				reasonable collection efforts, the debt could not be collected, and there is no
				likelihood of future recovery. Reasonable collection efforts include
				maintaining written documentation that, in making those collection efforts, the
				provider agency received the assistance of an attorney licensed to practice
				law.
4. In no circumstance may the
				allowable expense for the collection fee exceed the amount of the bad
				debt.
5. A bad debt expense shall
				not be allowed when it resulted from the provider agency's failure to comply
				with any applicable laws or regulations.
6. Before any bad debt expense may be
				allowed, the provider agency must have a written policy that limits the
				potential for bad debts and the provider agency must provide written
				documentation that shows it has taken action to limit bad debts for individuals
				who refuse to or cannot make payments.
7. Allowable bad debt expense may not exceed
				debt associated with one hundred twenty days of services provided for any one
				individual.
8. Payments on
				outstanding accounts receivable shall be applied to the oldest invoices for
				covered services first, and then all subsequent charges until the balance is
				paid in full.
9. Allowable finance
				charges on bad debts described in this section are allowable only if the
				finance charges have been offset as interest income.
General Authority:
NDCC 25-01.2-18, 50-06-16
Law Implemented:
NDCC 25-16-10,
					 50-24.1-01
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-14 - Profit-motivated entities - Return on investment (Repealed)

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 25-01.2-18,
					 50-06-16
Law Implemented: NDCC
					 25-16-10,
					 25-16-10.1,
					 50-24.1-01
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-16 - Interest expense

Current through Supplement No. 393, July, 2024
1. In general:
a. To be allowable under the program,
				interest must be:
(1) Supported by evidence of
				an agreement that funds were borrowed and that payment of interest and
				repayment of the funds are required;
(2) Identifiable in the provider agency's
				accounting records;
(3) Related to
				the reporting period in which the costs are incurred;
(4) Necessary and proper for the operation,
				maintenance, or acquisition of the provider agency's facilities used
				therein;
(5) Unrelated to funds
				borrowed to purchase assets in excess of cost or fair market value;
				and
(6) When borrowed for the
				purpose of making capital expenditures for assets that were owned by any other
				facility or service provider agency on or after July 18, 1984, limited to that
				amount of interest cost which such facility or service provider agency may have
				reported, had the asset undergone neither refinancing nor a change of
				ownership.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-17 - Related organization

Current through Supplement No. 393, July, 2024
1. Costs applicable
				to services, facilities, and supplies furnished to a provider agency by a
				related organization shall not exceed the lower of the cost to the related
				organization or the reasonable costs of services, facilities, or supplies
				purchased elsewhere . Provider agencies shall identify such related
				organizations and costs in the statement of costs. An appropriate statement of
				cost and allocations must be submitted with the statement of costs. For
				statement of costs purposes, management fees are considered administrative
				costs.
2. A chain organization
				consists of a group of two or more service provider agencies which are owned,
				leased, or through any other device, controlled by one business
				entity.
3. Home offices of chain
				organizations vary greatly in size, number of locations, staff, mode of
				operations, and services furnished to their member facilities. Although the
				home office of a chain is normally not a provider agency in itself, it may
				furnish to the individual provider agency, central administration or other
				services such as centralized accounting, purchasing, personnel, or management
				services. Only the home office's actual cost of providing such services is
				includable in the provider agency's allowable costs under the program. Any
				services provided by the home office which are included in cost as payments to
				an outside provider agency will be considered a duplication of costs and not be
				allowed.
4. If the home office
				makes a loan to or borrows money from one of the components of a chain
				organization, the interest paid is not an allowable cost and interest income is
				not used to offset interest expense.
5. Payments, to related organizations, by the
				provider agency are limited to the actual and reasonable cost of the service
				received or the product purchased.
6. Provider agency shall document financial
				transactions between the provider agency and the related organization. The
				terms of such transactions must be similar as those obtained by a prudent buyer
				negotiating at arm's length with a willing and knowledgeable seller.
General Authority:
NDCC 25-01.2-18,
					 50-06-16
Law Implemented:
NDCC 25-18-03,
					 50-24.1-01
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-18 - Rental expense paid to a related organization

Current through Supplement No. 393, July, 2024
1. A provider
				agency may lease a facility from a related organization within the meaning of
				the principles of payment. In such a case, the rent paid to the lessor by the
				provider agency is not allowable as a cost. Provider agency's rent payments
				shall not exceed the actual cost of mortgage payments of principal and
				interest. The cost of ownership of the facility would, however, be an allowable
				cost to the provider agency. Generally, these would be costs such as
				depreciation, interest on the mortgage, real estate taxes, and other property
				expenses attributable to the leased facility. The effect is to treat the
				facility as though it were owned by the provider agency. Therefore, the owner's
				equity in the leased assets is includable in the equity capital of the provider
				agency.
2. In order to be
				considered an allowable cost, the home office cost must be directly related to
				those services performed for individual provider agencies and relate to client
				services. Documentation as to the time spent, the services provided, the hourly
				valuation of services, and the allocation method used must be available to
				substantiate the reasonableness of the cost.
General Authority:
NDCC 25-01.2-18,
					 50-06-16
Law Implemented:
NDCC 25-18-03,
					 50-24.1-01
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-19 - Taxes

Current through Supplement No. 393, July, 2024
1.
General.
Taxes assessed against the provider agency, in accordance
				with the levying enactments of the several states and lower levels of
				government and for which the provider is liable for payment, are allowable
				costs. Tax costs may not include fines, penalties, or those taxes listed in
				subsection 2.
2.
Taxes not
				allowable as costs.
The following taxes are not allowable as costs:
a. Federal income and excess profit taxes,
				including any interest or penalties paid thereon.
b. State or local income and excess profit
				taxes.
c. Taxes in connection with
				financing, refinancing, or refunding operation, such as taxes in the issuance
				of bonds, property transfers, issuance or transfers of stocks, etc. Generally,
				these costs are either amortized over the life of the securities or depreciated
				over the life of the asset. They are not, however, recognized as tax
				expense.
d. Taxes from which
				exemptions are available to the provider agency.
e. Taxes on property which is not used in the
				provision of covered services.
f.
				Taxes, including sales taxes levied against residents and collected and
				remitted by the provider agency.
g.
				Self-employment (FICA) taxes applicable to persons, including individual
				proprietors, partners, or members of a joint venture.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-20 - Personal incidental funds

Current through Supplement No. 393, July, 2024
1. Each client is
				allowed to retain a specific monthly amount of income for personal needs. This
				monthly allowance is not to be applied toward the client's cost of care.
2. Provider agencies managing
				client funds must maintain a current client account record in a form and manner
				prescribed by the department. Copies of the client account record must be
				provided to the client without charge.
3. The department may conduct audits of
				client account records in conjunction with regular field audits.
4. Adult client funds may be disbursed with
				the client's permission in the absence of a client-authorized representative or
				declaration of incompetency.
5. The
				department uses the amount of a client's income to determine:
a. Eligibility for medical assistance
				benefits.
b. Amount of income and
				other resources which must be applied toward the client's care.
c. Amount of income and other resources which
				can be retained by the client.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-21 - Transfer, discharge, and expulsion of clients

Current through Supplement No. 393, July, 2024
1. Movement of
				clients between levels of service by a provider agency or between provider
				agencies must be pursuant to a determination by the person-centered service
				plan team. Payment for the cost of a new service is contingent upon the timely
				submission to the department of a person-centered service plan.
2. Movement of clients are subject to the
				policies and procedures of the North Dakota program management system and the
				approval of the department.
3. Any
				emergency movement may be initiated by the provider agency only with immediate
				notification of the department, client, and client-authorized representative.
				The movement is subject to subsequent review by the department which will
				determine if:
a. An emergency
				existed;
b. The rights of the
				client were protected and preserved;
c. Documentation exists in support of the
				provider agency's action;
d. A
				prognosis of the client's potential for returning has been made; and
e. Services required to maintain the client
				in a habilitative setting are least restrictive and have been provided prior to
				movement.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-22 - Staff-to-client ratios

Current through Supplement No. 393, July, 2024
The overall direct contact staff-to-client ratios shall form
				  the basis for the determination of the rate of payment for provider agencies of
				  service to individuals with intellectual or developmental disabilities.
				  Additional staff may be necessary to meet the needs of the clients and may be
				  added subject to the approval of the department.
Intermediate care facilities for individuals with
				  intellectual disabilities are subject to the direct contact staffing
				  requirements of title 42 , Code of Federal Regulations, part 483, section
				  430.
General Authority:
NDCC 25-01.2-18,
					 50-06-16
Law Implemented:
NDCC 25-18-03,
					 50-24.1-01
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-23 - Staff hours (Repealed)

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 25-01.2-18, 50-06-16
Law Implemented:
NDCC 25-18-03,
					 50-24.1-01
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-24 - Application

Current through Supplement No. 393, July, 2024
This chapter will be applied to provider agencies for
				  services to individuals with developmental disabilities, except distinct parts
				  of state institutions for individuals with developmental disabilities which are
				  certified as intermediate care facilities for individuals with intellectual
				  disabilities, starting the first day of a facility's first statement of costs
				  year which begins on or after July 1, 1985, or provide home- and
				  community-based developmental disabilities traditional waiver services,
				  starting the first day of a facility's first statement of costs year which
				  begins on or after April 1, 2018; provided, however, that neither this section,
				  nor the effective date, shall preclude the application and implementation of
				  some or all of the provisions of this chapter through contract or through
				  official statements of department policy. Specific sections of this chapter
				  will be applied to services provided in distinct parts of state institutions
				  for individuals with developmental disabilities which are certified as
				  intermediate care facilities for individuals with intellectual disabilities.
				  The sections of this chapter that apply are section
				  75-04-05-01;
				  subsections 1, 4, and 5 of section
				  75-04-05-02;
				  section
				  75-04-05-08;
				  subsections 8 through 12 of section
				  75-04-05-09;
				  sections
				  75-04-05-10,
				  75-04-05-11, and
				  75-04-05-12;
				  subsections 1 through 10, 12 through 19, 21 through 29 , 32, 34 through 37 ,
				  40, 42 through 45, 47 through 49, and 51 through 53 of section
				  75-04-05-13;
				  sections
				  75-04-05-13.1,
				  75-04-05-15,
				  75-04-05-16,
				  75-04-05-17,
				  75-04-05-18,
				  75-04-05-19,
				  75-04-05-20,
				  75-04-05-21,
				  75-04-05-22,
				  75-04-05-23, and
				  75-04-05-24.
General Authority:
NDCC 25-01.2-18,
					 50-06-16
Law Implemented:
NDCC 25-18-03, 50-24.1-01; 34
					 CFR 363
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-05 - Payment for Provider Agencies of Services to Individuals with Intellectual Disabilities - Developmental Disabilities › Section 75-04-05-25 - Indemnification

Current through Supplement No. 393, July, 2024
Provider agencies may be required to indemnify and reimburse
				  the department for any federal funds, the expenditure of which is disallowed as
				  a consequence of the provider agency's failure to establish and maintain
				  adequate records or the provider agency's failure to otherwise comply with
				  written standards, rules and regulations, or statutes.
General Authority:
NDCC 25-01.2-18,
					 50-06-16
Law Implemented:
NDCC 25-18-03,
					 50-24.1-01
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-06 - Eligibility for Intellectual Disabilities - Developmental Disabilities Program Management Services › Section 75-04-06-01 - Principles of eligibility

Current through Supplement No. 393, July, 2024
1. The process of
				determining an individual's eligibility to receive intellectual disabilities -
				developmental disabilities program management services involves the recognition
				of several criteria and an understanding of expected outcomes as each criterion
				is applied. Professional judgment is applied to determine the applicability of
				the provision of intellectual disabilities -developmental disability program
				management services.
2. The
				following criteria must be used as the frame of reference for a team of at
				least three professionals in the human service center, led by the developmental
				disabilities program administrator or the administrator's designee, for the
				determination of an individual's eligibility for intellectual disabilities -
				developmental disabilities program management services.
General Authority:
NDCC 25-01.2-18,
					 50-06-16
Law Implemented:
NDCC 25-01.2-02,
					 50-06-05.3
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-06 - Eligibility for Intellectual Disabilities - Developmental Disabilities Program Management Services › Section 75-04-06-02.1 - Criteria for service eligibility - Children age three and above

Current through Supplement No. 393, July, 2024
1. An individual is
				eligible for intellectual disabilities - developmental disabilities program
				management services if the individual has a diagnosis of intellectual
				disability which is severe enough to constitute a developmental disability.
a. A diagnosis of the condition of
				intellectual disability must be made by an appropriately licensed professional
				using diagnostic criteria accepted by the American psychiatric
				association.
b. Determination of
				whether the manifestation of the condition is severe enough to constitute a
				developmental disability must be done in accordance with the definition of
				developmental disability in North Dakota Century Code section
				25-01.2-01.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-04 - Developmental Disabilities › Chapter 75-04-06 - Eligibility for Intellectual Disabilities - Developmental Disabilities Program Management Services › Section 75-04-06-03 - Criteria for service eligibility - Applicants who are not members of the plaintiff class [Repealed]

Current through Supplement No. 393, July, 2024