reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-09 - Ratesetting for Psychiatric Residential Treatment Facilities › Section 75-02-09-14 - Startup costs

Current through Supplement No. 393, July, 2024
In the first stages of operation, a new facility incurs
				  certain costs in developing its ability to care for residents prior to their
				  admission. Staff is obtained and organized, and other operating costs are
				  incurred during this time of preparation which cannot be allocated to resident
				  care during that period because there are not residents receiving services.
				  These costs are commonly referred to as startup costs. The startup costs are to
				  be capitalized and will be recognized as allowable administration costs
				  amortized over sixty consecutive months on a straight-line basis starting with
				  the month the first resident is admitted.
General Authority: NDCC
					 50-24.1-04
Law Implemented:
					 42 USC
					 1396
					 a(a)(30)(A)
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-09 - Ratesetting for Psychiatric Residential Treatment Facilities › Section 75-02-09-15 - Compensation

Current through Supplement No. 393, July, 2024
Reasonable compensation for a person with a minimum of five
				  percent ownership, persons on the governing board, or family members of top
				  management personnel, including spouses and persons in the following
				  relationship to top management personnel or their spouses: parent, stepparent,
				  child, stepchild, grandparent, stepgrandparent, grandchild, stepgrandchild,
				  brother, sister, half-brother, half-sister, stepbrother, and stepsister will be
				  considered an allowable cost if services are actually performed and required to
				  be performed. The amount allowed must be in an amount not to exceed the average
				  of salaries paid to individuals in like positions in all psychiatric
				  residential treatment facilities that are nonprofit organizations and have no
				  top management personnel who have a minimum of five percent ownership or are on
				  the governing board. Salaries used to determine the average will be based on
				  the latest information available to the department. Reasonableness also
				  requires that functions performed be necessary in that, had the services not
				  been rendered, the facility would have to employ another person to perform
				  them.
General Authority: NDCC
					 50-24.1-04
Law Implemented:
					 42 USC
					 1396
					 a(a)(30)(A)
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-09 - Ratesetting for Psychiatric Residential Treatment Facilities › Section 75-02-09-17 - Private pay rates

Current through Supplement No. 393, July, 2024
1. The medical
				assistance rate may not exceed the rate charged to nonmedical assistance
				residents for the same service. The rate being charged nonmedical assistance
				residents at the time the services are provided will govern. In cases where the
				residents are not charged a daily rate, a daily rate will be computed by
				dividing the total nonmedical assistance charges for each month by the total
				nonmedical assistance census for each month.
2. If the established medical assistance rate
				exceeds the rate charged to nonmedical assistance residents for a service, on
				any given date, the facility shall immediately report that fact to the
				department and charge the department at the lower rate. If payments were
				received at the higher rate, the facility shall, within thirty days, refund the
				overpayment. The refund must be the difference between the established rate and
				the rate charged to nonmedical assistance residents times the number of medical
				assistance resident days paid during the period in which the established rate
				exceeded the nonmedical assistance rate plus interest calculated at two percent
				over the Bank of North Dakota prime rate on any amount not repaid within thirty
				days. Interest charges on these refunds are not allowable costs.
General Authority: NDCC
					 50-24.1-04
Law Implemented:
					 42 USC
					 1396
					 a(a)(30)(A)
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-09 - Ratesetting for Psychiatric Residential Treatment Facilities › Section 75-02-09-18 - Reconsiderations and appeals

Current through Supplement No. 393, July, 2024
1.
Reconsiderations.
a. A facility
				dissatisfied with the final rate established must request a reconsideration of
				the final rate before a formal appeal may be made. Any requests for
				reconsideration must be filed with the department's medical services division
				within thirty days of the date of the rate notification.
b. A request for reconsideration must
				include:
(1) A statement of each disputed
				item and the reason or basis for the dispute;
(2) The dollar amount of each item that is
				disputed; and
(3) The statute or
				rule upon which the facility is relying for each disputed item.
c. The department may request
				additional documentation or information relating to a disputed item. If
				additional documentation is not provided within fourteen days of the
				department's request, the department shall make its determination based on the
				information and documentation available as of the fourteenth day following the
				date the department requested additional documentation.
d. The department's medical services division
				shall make a determination regarding the reconsideration within forty-five days
				of receiving the reconsideration filing and any requested documentation.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-10 - Aid to Vulnerable Aged, Blind, and Disabled Individuals › Section 75-02-10-01 - 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 50-24.5. In addition, for purposes of this
				  chapter, unless the context requires otherwise:
1. "Activities of daily living" means
				bathing, dressing, toileting, transferring, eating, bed mobility, medication
				management, and personal hygiene.
2. "Basic care facility" means a residence,
				not licensed under North Dakota Century Code chapter 23-16 by the department,
				that provides room and board to five or more individuals who are not related by
				blood or marriage to the owner or manager of the residence and who, because of
				impaired capacity for independent living, require health, social, or personal
				care services, but do not require regular twenty-four-hour medical or nursing
				services and:
a. Makes response staff
				available at all times to meet the twenty-four-hour per day scheduled and
				unscheduled needs of the individual; or
b. Is kept, used, maintained, advertised, or
				held out to the public as an Alzheimer's, dementia, or special memory care
				facility.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-10 - Aid to Vulnerable Aged, Blind, and Disabled Individuals › Section 75-02-10-02 - Benefits available under this chapter

Current through Supplement No. 393, July, 2024
To the extent that an eligible individual lacks income
				  sufficient to meet the cost of necessary benefits, the following benefits are
				  available:
1. Supplementation of the
				income of users of basic care services;
2. Case management;
3. Other services the department determines
				to be essential and appropriate to sustain an individual in the individual's
				home and community, and to delay or prevent institutional care; and
4. Room and board, which is limited to the
				rate set for services in that facility by the department.
General Authority: NDCC
					 50-06-16,
					 50-24.5-02(8)
Law Implemented: NDCC
					 50-24.5
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-10 - Aid to Vulnerable Aged, Blind, and Disabled Individuals › Section 75-02-10-03 - Application and redetermination

Current through Supplement No. 393, July, 2024
1.
a. All individuals wishing to make
				application for benefits under this chapter must have the opportunity to do so,
				without delay.
b. An application
				is a request made by an individual desiring benefits under this chapter, or by
				a proper individual seeking such benefits on behalf of another individual, to a
				county agency. A proper individual means any individual of sufficient maturity
				and understanding to act responsibly on behalf of the applicant.
c. An application consists of an application
				for medicaid benefits and an application for services, which includes a
				functional assessment.
d.
				Application forms must be signed by the applicant if the applicant is
				physically and mentally able to do so. An application made on behalf of an
				applicant adjudged incompetent by a court must be signed by the guardian.
e. Information concerning
				eligibility requirements, available services, and the rights and
				responsibilities of applicants and recipients must be furnished to all who
				require it.
f. The date of
				application is the date an application, signed by an appropriate individual, is
				received at a county agency.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-10 - Aid to Vulnerable Aged, Blind, and Disabled Individuals › Section 75-02-10-04 - Applicant's or guardian's duty to establish eligibility

Current through Supplement No. 393, July, 2024
The applicant or guardian of the applicant shall provide
				  information sufficient to establish eligibility for benefits, including a
				  social security number and proof of age, identity, residence, blindness,
				  disability, functional limitation, financial eligibility, and such other
				  information as may be required by this chapter for each month for which
				  benefits are sought.
General Authority: NDCC
					 50-06-16,
					 50-24.5-02(8)
Law Implemented: NDCC
					 50-24.5
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-10 - Aid to Vulnerable Aged, Blind, and Disabled Individuals › Section 75-02-10-05 - Eligibility criteria

Current through Supplement No. 393, July, 2024
An individual may receive necessary benefits under this
				  chapter if the individual:
1. Is a
				resident of this state;
2.
Is:
a. Sixty-five years of age
				or older; or
b. Eighteen years of
				age or older and disabled or blind;
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-10 - Aid to Vulnerable Aged, Blind, and Disabled Individuals › Section 75-02-10-06 - Functional assessment

Current through Supplement No. 393, July, 2024
1. For purposes of
				this section, "functional assessment" means an instrument used to record basic
				demographic and medical information about an individual, including age, date of
				birth, spoken language, marital status, individuals residing with, emergency
				contacts, medical resources, health care coverage, and source and reason for
				referral; and to secure measurable information regarding:
a. Physical health;
b. Cognitive and emotional functioning;
c. Activities of daily living;
d. Instrumental activities of
				daily living;
e. Informal
				supports;
f. Need for
				twenty-four-hour supervision;
g.
				Social participation;
h. Physical
				environment;
i. Financial
				resources; and
j. Other
				information about the individual's condition not recorded elsewhere.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-10 - Aid to Vulnerable Aged, Blind, and Disabled Individuals › Section 75-02-10-07 - Decision and notice

Current through Supplement No. 393, July, 2024
1. A decision as to
				eligibility will be made promptly on applications, usually within forty-five
				days, except in unusual circumstances.
2. A decision as to eligibility on a
				redetermination will be made within thirty days.
3. Immediately upon an eligibility
				determination, whether eligibility can be found, ineligibility can be found, or
				eligibility cannot be determined, applicants or recipients must be notified by
				the county agency. A notice must be sent in advance of any decision terminating
				or reducing benefits under this chapter.
4. Notice must be timely and adequate, as
				provided under chapter 75-01-03.
5. Errors made by public officials and delays
				caused by the actions of public officials do not create eligibility and may not
				form the basis for the award of any benefit to an adversely affected applicant
				or recipient who would not otherwise be eligible to receive that benefit.
General Authority: NDCC
					 50-06-16,
					 50-24.5-02(8)
Law Implemented: NDCC
					 50-24.5
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-10 - Aid to Vulnerable Aged, Blind, and Disabled Individuals › Section 75-02-10-08 - Disqualifying transfers

Current through Supplement No. 393, July, 2024
1.
a. Except as provided in subsection 2, an
				individual is ineligible for benefits under this chapter if the individual or
				the spouse of the individual disposes of assets or income for less than fair
				market value on or after the look-back date specified in subdivision
				b.
b. The look-back date specified
				in this subdivision is a date that is thirty-six months, or, in the case of
				payments from a trust or portions of a trust that are treated as income or
				assets disposed of by an individual, sixty months, before the date on which the
				individual has applied for benefits under this chapter.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-10 - Aid to Vulnerable Aged, Blind, and Disabled Individuals › Section 75-02-10-09 - Residency

Current through Supplement No. 393, July, 2024
For purposes of this chapter:
1. An individual is a resident of this state
				if:
a. The individual is not living in an
				institution and is living in this state:
(1)
				With intent to remain in this state permanently or for an indefinite period; or
(2) Without intent if the
				individual is incapable of stating intent.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-10 - Aid to Vulnerable Aged, Blind, and Disabled Individuals › Section 75-02-10-10 - County administration

Current through Supplement No. 393, July, 2024
1. Except as
				provided in subsection 2, the county agency of the county where the applicant
				or recipient is living must be responsible for the administration of the
				program with respect to that applicant or recipient.
2. When a recipient moves from one county to
				another, the county agency in the outgoing county continues to be responsible
				for the administration of the program with respect to that recipient until the
				last day of the month after the month in which the recipient moved to the
				incoming county.
General Authority: NDCC
					 50-06-16,
					 50-24.5-02(8)
Law Implemented: NDCC
					 50-24.5
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-12 - Housing Assistance › Section 75-02-12-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, unless the context or subject matter
				  otherwise requires:
1. "Department"
				means the North Dakota department of human services.
2. "Fraud" means deception or
				misrepresentation made by a person with knowledge that the deception could
				result in some unauthorized housing assistance benefit to that person or
				another and includes an act that constitutes fraud under applicable federal or
				state law.
3. "Household" means any
				individual or group of individuals, regardless of relationship, who are living
				together as one economic unit which meets the identified eligibility criteria
				for housing assistance.
4. "Housing
				provider" means an individual, partnership, association, corporation, or
				limited liability company that leases housing units to individuals.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-12 - Housing Assistance › Section 75-02-12-02 - Application for housing provider participation in the housing assistance program

Current through Supplement No. 393, July, 2024
The department shall approve or deny a housing provider's
				  application within thirty days of receipt of a complete housing provider's
				  application. The department may declare an application withdrawn if the housing
				  provider fails to submit a complete housing provider's application within
				  twenty-one days of the department's notification to the household that the
				  housing assistance application is incomplete. A complete housing provider's
				  application includes:
1. A completed
				and signed housing provider's application in the form and manner prescribed by
				the department;
2. A signed
				agreement pursuant to section 75-02-12-05; and
3. Any information or documentation that has
				been requested by the department.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-12 - Housing Assistance › Section 75-02-12-03 - Housing provider denials and revocations

Current through Supplement No. 393, July, 2024
1. A housing
				provider's application to participate in the housing assistance program may be
				denied if:
a. The housing provider is not the
				legal owner or property manager of the housing unit listed in the household's
				housing assistance application;
b.
				The housing provider's application contains false or misleading material
				information or the housing provider intentionally withheld material
				information;
c. The housing
				provider's participation in the housing assistance program has been previously
				revoked;
d. The department
				determines there is a credible allegation of fraud;
e. The household's housing assistance
				application is denied or withdrawn;
f. The exhaustion of appropriated funds has
				occurred for the housing assistance program; or
g. The housing assistance program has
				ended.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-12 - Housing Assistance › Section 75-02-12-04 - Housing provider's appeals of denials and revocations

Current through Supplement No. 393, July, 2024
A housing provider whose application to participate in or
				  receive payment through the housing assistance program is denied or revoked may
				  appeal a decision to deny the completed housing provider's application to
				  participate in or receive payment or revocation. An appeal under this section
				  must be made in writing on a form developed and provided by the department
				  within ten days of the date of the department's notice of denial or revocation.
				  A housing provider shall submit the written request for an appeal and hearing
				  under North Dakota Century Code chapter 28-32 to the appeals supervisor for the
				  department. A housing provider may not appeal a denial or revocation resulting
				  from an exhaustion of appropriated funds for the housing assistance program,
				  the housing assistance program ending, the submission of an invalid housing
				  assistance payment request, or the housing provider's application being
				  considered withdrawn. The household and the housing provider are not entitled
				  to a housing assistance payment ten days after the issuance of a notice of
				  revocation unless a final decision has been made by the department that
				  reverses the decision to revoke.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-12 - Housing Assistance › Section 75-02-12-05 - Signed acknowledgment required

Current through Supplement No. 393, July, 2024
A housing provider shall sign the acknowledgments contained
				  in the housing provider application. The signed acknowledgments are considered
				  a signed agreement as referenced herein.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-12 - Housing Assistance › Section 75-02-12-06 - Household eligibility for housing assistance

Current through Supplement No. 393, July, 2024
The household is eligible for housing assistance if:
1. The household completes and submits a
				housing assistance application in the form and manner prescribed by the
				department;
2. The household
				resides in North Dakota;
3. The
				household is at risk of eviction or experiencing housing instability;
4. The household has a written rental
				agreement with the housing provider or both parties self-attest to a rental
				agreement;
5. The household has an
				annual income no greater than eighty percent of area median income by household
				size by county;
6. The household's
				housing assistance application and housing provider's application does not
				contain false or misleading material information, or the household or housing
				provider did not intentionally withhold material information;
7. The exhaustion of appropriated funds has
				not occurred for the housing assistance program; and
8. The housing assistance program has not
				ended.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-12 - Housing Assistance › Section 75-02-12-07 - Approval of a household's housing assistance application and payment

Current through Supplement No. 393, July, 2024
1. A notice of
				determination should be made no later than thirty days following the day that
				the household submitted a completed housing assistance application. A complete
				housing assistance application includes:
a. A
				completed and signed application in the form and manner prescribed by the
				department pursuant to section 75-02-12-06; and
b. Any information or documentation that has
				been requested by the department.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-12 - Housing Assistance › Section 75-02-12-08 - Denial or revocation of housing assistance payment

Current through Supplement No. 393, July, 2024
1. A notice of
				denial should be sent no later than thirty days following the day that the
				household submitted a completed housing application. The department may deny
				the household's housing assistance application if the household is not eligible
				pursuant to section 75-02-12-06.
2.
				The department shall notify the household that the housing assistance is
				revoked. The department may revoke the household's housing assistance if the
				household no longer meets the eligibility criteria under section
				75-02-12-06.
3. The department
				shall inform the household requesting the housing assistance of the reason for
				the denial or revocation and that the household may appeal the denial or
				revocation.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-12 - Housing Assistance › Section 75-02-12-09 - Appeals of denials and revocation of eligibility for housing assistance

Current through Supplement No. 393, July, 2024
A household that has requested housing assistance may appeal
				  a decision to deny the completed application or revocation of eligibility for
				  assistance. An appeal under this section must be made in writing on a form
				  developed and provided by the department within ten days of the date of the
				  notice issued under section 75-02-12-08. A household shall submit the written
				  request for an appeal and hearing under North Dakota Century Code chapter 28-32
				  to the appeals supervisor for the department. A household may not appeal a
				  denial or revocation resulting from an exhaustion of appropriated funds for the
				  housing assistance program or the housing assistance program ending. The
				  household and the housing provider are not entitled to a housing assistance
				  payment ten days after the issuance of a notice of revocation unless a final
				  decision has been made by the department that reverses the decision to
				  revoke.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-12 - Housing Assistance › Section 75-02-12-10 - Exceptions to eligibility rules considered

Current through Supplement No. 393, July, 2024
A household may request an exception to the eligibility
				  criteria. Exceptions will be considered with regard to a household meeting the
				  eligibility criteria. Exception requests will be reviewed on a case-by-case
				  basis. The department may deny a request for an exception and may revoke an
				  exception granted under this section. The decision to deny a request for an
				  exception or to revoke an exception is not an appealable decision.
General Authority:
NDCC 50-06-16
Law Implemented:
NDCC
					 50-06-05.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-13 - Family Paid Caregiver Program › Section 75-02-13-01 - Definitions

Current through Supplement No. 393, July, 2024
1.
				"Applicant" means an individual seeking services under this chapter.
2. "Application" means a request in the form
				and manner prescribed by the department signed by an applicant or by a legally
				responsible individual on behalf of the applicant.
3. "Department" means the department of
				health and human services.
4.
				"Extraordinary care" means care exceeding the range of activities that a
				legally responsible individual would ordinarily perform in the household on
				behalf of the applicant or eligible participant without extraordinary medical
				or behavioral needs and is necessary to assure the health and welfare and to
				avoid institutionalization of the applicant or eligible participant in need of
				care.
5. "Family caregiver" means a
				legally responsible individual who lives with and provides daily care to an
				eligible participant.
6. "Legally
				responsible individual" means an individual who has a duty under law to care
				for the applicant or eligible participant, including a biological or adoptive
				parent, nonentity custodian, guardian, or a spouse.
7. "Medicaid 1915(c) waiver" means the
				approved autism spectrum disorder waiver, medically fragile waiver, children's
				hospice waiver, or traditional individuals with intellectual disabilities and
				developmental disabilities home and community-based services waiver.
General Authority:
NDCC 50-24.1-47
Law Implemented:
NDCC
					 50-24.1-47
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-13 - Family Paid Caregiver Program › Section 75-02-13-02 - Application - Eligibility

Current through Supplement No. 393, July, 2024
1. An
				applicant or legally responsible individual may apply to the department to
				participate in the family paid caregiver program.
2. A completed application must be submitted
				to the department upon initial application and annually thereafter.
3. The date of application is the date a
				completed application is received by the department.
4. The department may declare an application
				withdrawn if the applicant or legally responsible individual fails to submit
				all required documentation or information within thirty days of the
				department's notification to the applicant or legally responsible individual
				that the application is incomplete.
5. An applicant is eligible to become an
				eligible participant if all the following conditions are met:
a. The applicant is enrolled in a Medicaid
				1915(c) waiver;
b. The applicant's
				support needs are not otherwise compensated for through other services
				available through a Medicaid 1915(c) waiver or Medicaid state plan;
c. The applicant's assessed needs meet
				extraordinary care; and
d. The
				requirements of section
				75-02-13-03 are
				met.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-13 - Family Paid Caregiver Program › Section 75-02-13-03 - Administration

Current through Supplement No. 393, July, 2024
1. Eligible
				participants supported under this chapter may not exceed one hundred twenty
				individuals or the limits of legislative appropriations for the family paid
				caregiver program.
2. The
				department shall review completed applications in the order received and shall
				only approve applications within the limits of legislative appropriations for
				the family paid caregiver program.
3. Upon receiving the application, the
				department shall request that the applicant or legally responsible individual
				complete the department-approved assessment to determine if the applicant meets
				the extraordinary care requirement.
4. Upon approval of application, the
				department shall issue an authorization not to exceed six months. The
				department may reissue an authorization for an additional six months.
5. The department shall conduct face-to-face
				visits in the eligible participant's home at a minimum of every six
				months.
6. If the family caregiver
				has not submitted a request for payment for thirty calendar days, the
				department shall inform the eligible participant or legally responsible
				individual that if an additional thirty calendar days pass without a request
				for payment, the service may be terminated due to inactivity.
7. The department shall deny an application
				if approval would exceed the limits of legislative appropriations for the
				family paid caregiver program or if the applicant does not meet the eligibility
				requirements pursuant to section
				75-02-13-02. The department shall
				terminate an authorization if the funding awarded is exhausted or due to
				inactivity. The department shall revoke an authorization if the eligible
				participant is no longer eligible pursuant to section
				75-02-13-02 or if the department
				is unable to conduct face-to-face visits due to refusal.
8. Funds are not available until the
				department approves the application and issues an authorization.
General Authority:
NDCC 50-24.1-47
Law Implemented:
NDCC
					 50-24.1-47
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-13 - Family Paid Caregiver Program › Section 75-02-13-04 - Denials - Revocations - Terminations - Appeals

Current through Supplement No. 393, July, 2024
1. The department shall issue a written
				notice to an applicant, eligible participant, or a legally responsible
				individual if the department denies, revokes, or terminates.
2. The department shall include the reason
				for the denial, revocation, or termination and shall inform the applicant,
				eligible participant, or legally responsible individual of the right to appeal
				the denial, revocation, or termination, if applicable.
3. An application may be denied, revoked, or
				terminated under the terms and conditions of this chapter or North Dakota
				Century Code section 50-24.1-47.
4.
				An applicant, eligible participant, or legally responsible individual may
				appeal a denial, revocation, or termination of an application or authorization
				under this chapter. An appeal under this section must be made in writing within
				thirty days of the date of the notice issued under this section. The applicant,
				eligible participant, or legally responsible individual shall submit the
				written request for an appeal and hearing under
				chapter
				75-01-03 and North
				Dakota Century Code chapter 28-32 to the appeals supervisor for the
				department.
5. An applicant,
				eligible participant, or legally responsible individual may not appeal:
a. A denial, revocation, termination, or
				reduction in payment resulting from exhausting or exceeding the limits of
				legislative appropriations for the family paid caregiver program;
b. A denial, revocation, or termination of an
				application or authorization under this chapter if the applicant is no longer
				eligible for a Medicaid 1915(c) waiver at the time of the denial, revocation,
				or termination; or
c. An
				application that has been withdrawn.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-07 - In-Home Child Care Early Childhood Services › Section 75-03-07-03 - Definitions

Current through Supplement No. 393, July, 2024
The terms used in this chapter have the same meanings as in
				  North Dakota Century Code section
				  50-11.1-02.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-02,
					 50-11.1-06,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-07 - In-Home Child Care Early Childhood Services › Section 75-03-07-05 - Minimum requirements for care of children with special needs

Current through Supplement No. 393, July, 2024
An in-home provider shall make appropriate accommodations, as
				  required by the Americans with Disabilities Act, to meet the needs of children
				  with special needs. The in-home provider must receive documentation of the
				  child's special needs by the parent upon the child's enrollment.
1. When a child with special needs is being
				cared for, the in-home provider shall consult with the child's parents, and,
				with the parent's permission, the child's source of professional health care,
				or, when appropriate, other health and professional consultants to gain an
				understanding of the child's individual needs. The in-home provider shall
				receive a written health care plan from the child's medical provider or parent
				with information related to the child's special needs, such as a description,
				definition of the diagnosis, and general information for emergency and required
				care such as usual medications and procedures.
2. In-home providers shall receive proper
				instructions as to the nature of the child's special needs and potential for
				growth and development.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-01,
					 50-11.1-06,
					 50-11.1-08
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-07 - In-Home Child Care Early Childhood Services › Section 75-03-07-06 - Denial or revocation of in-home registration

Current through Supplement No. 393, July, 2024
1. The right to provide early childhood
				services is dependent upon the applicant's or provider's continuing compliance
				with the terms of the registration as listed in section
				75-03-07-04.
2. A fraudulent or untrue representation is
				grounds for revocation or denial.
3.
a. The
				applicant or in-home provider may not have been found guilty of, pled guilty
				to, or pled no contest to:
(1) An offense
				described in North Dakota Century Code chapter 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 section 12.1-17-01, simple assault; 12.1-17-01.1, assault; 12.1-17-01.2,
				domestic violence; 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, harassment; 12.1-17-07.1, stalking; 12.1-17-12, assault or homicide
				while fleeing a police officer; 12.1-20-03, gross sexual imposition;
				12.1-20-03.1, continuous sexual abuse of a 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 child; or
				14-09-22.1, neglect of child;
(2)
				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 paragraph 1; or
(3) An offense, other than an offense
				identified in paragraph 1 or 2, 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 75-03 - Community Services › Chapter 75-03-07 - In-Home Child Care Early Childhood Services › Section 75-03-07-07 - Appeals

Current through Supplement No. 393, July, 2024
An applicant for an in-home registration or in-home provider
				  may appeal a decision to deny or revoke a registration document by filing a
				  written appeal with the department. The appeal must be postmarked or received
				  by the department within ten calendar days of the in-home registration or
				  in-home provider's receipt of written notice of the decision to deny or revoke
				  the registration document. Upon receipt of a timely appeal, an administrative
				  hearing must be conducted in the manner provided in chapter 75-01-03.
General Authority: NDCC
					 50-11.1-08
Law Implemented: NDCC
					 50-11.1-06,
					 50-11.1-08,
					 50-11.1-10
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-07.1 - Self-Declaration Providers Early Childhood Services › Section 75-03-07.1-00.1 - Definitions

Current through Supplement No. 393, July, 2024
The terms used in this chapter have the same meanings as in
				  North Dakota Century Code section 50-11.1-02. In addition, as used in this
				  chapter:
1. "Annual" is defined as the
				provider's approved self-declaration year.
2. "Application" means all forms the
				department requires when applying or reapplying for a
				self-declaration.
3. "Aquatic
				activity" means an activity in or on a body of water, either natural or
				manmade, including rivers, lakes, streams, swimming pools, and water
				slides.
4. "Attendance" means the
				total number of children present at any one time.
5. "Child with special needs" means a child
				whose medical providers have determined that the child has or is at risk for
				chronic physical, developmental, behavioral, or emotional conditions.
6. "Emergency designee" means an individual
				designated by a provider to be a backup staff member for emergency assistance
				or to provide substitute care.
7.
				"Infant" means a child who is less than twelve months of age.
8. "Provider" means the holder of a
				self-declaration document.
9.
				"Supervision" means a provider or emergency designee responsible for caring for
				or teaching children being within sight or hearing range of an infant, toddler,
				or preschooler at all times so that the provider or emergency designee is
				capable of intervening to protect the health and safety of the child. For the
				school-age child, it means a provider or emergency designee responsible for
				caring for or teaching children being available for assistance and care so that
				the child's health and safety is protected.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC 50-11.1-02, 50-11.1-08,
					 50-11.1-17
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-07.1 - Self-Declaration Providers Early Childhood Services › Section 75-03-07.1-02 - Self-declaration standards - Application

Current through Supplement No. 393, July, 2024
1. An applicant for a self-declaration
				document shall submit the application to the department in which the applicant
				proposes to provide early childhood services. An application, including a
				department-approved authorization for background check for household members
				age twelve and older, an emergency designee, and an applicant, and an
				application for a fingerprint-based criminal history record check for the
				applicant and emergency designee, must be made in the form and manner
				prescribed by the department.
2.
				The current self-declaration document must be displayed prominently in the
				premises to which it applies.
3. A
				provisional self-declaration document may be issued:
a. The department may issue a provisional
				self-declaration document although the applicant or provider fails to, or is
				unable to, comply with all applicable standards and rules of the
				department.
b. A provisional
				self-declaration document must:
(1) State that
				the provider has failed to comply with all applicable standards and rules of
				the department;
(2) State the items
				of noncompliance;
(3) Expire at a
				set date, not to exceed six months from the date of issuance; and
(4) Be exchanged for an unrestricted
				self-declaration document, which bears an expiration date of one year from the
				date of issuance of the provisional self-declaration document, after the
				applicant or provider demonstrates compliance, satisfactory to the department,
				with all applicable standards and rules.
c. The department may issue a provisional
				self-declaration document only to an applicant or provider who has waived, in
				writing:
(1) The right to a written statement
				of charges as to the reasons for the denial of an unrestricted self-declaration
				document; and
(2) The right to an
				administrative hearing, in the manner provided in North Dakota Century Code
				chapter 28-32, concerning the nonissuance of an unrestricted self-declaration
				document, either at the time of application or during the period of operation
				under a provisional self-declaration document.
d. Any provisional self-declaration document
				issued must be accompanied by a written statement of violations signed by the
				department and must be acknowledged in writing by the provider.
e. Subject to the exceptions contained in
				this section, a provisional self-declaration document entitles the provider to
				all rights and privileges afforded the provider of an unrestricted
				self-declaration document.
f. The
				provider shall display prominently the provisional self-declaration document
				and agreement.
g. The provider
				shall provide parents written notice that the provider is operating on a
				provisional self-declaration document and the basis for the provisional
				self-declaration document.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-07.1 - Self-Declaration Providers Early Childhood Services › Section 75-03-07.1-04 - One per residence - Nontransferability of self-declaration and emergency designee

Current through Supplement No. 393, July, 2024
1. The department
				may not authorize more than one in-home registration, self-declaration, or
				license per residence. A residence means real property that is typically used
				as a single family dwelling.
2.
				The applicant may identify one emergency designee for the self-declaration at
				the time of the application. The emergency designee must be at least eighteen
				years old and must be approved by the department.
3. The provider shall be on the premises
				supervising the children at all times when children are present, except in
				situations during which the emergency designee is providing care.
4. The self-declaration is nontransferable to
				another residence.
General Authority:
NDCC 50-11.1-08
Law Implemented:
NDCC 50-11.1-16,
					 50-11.1-17
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-07.1 - Self-Declaration Providers Early Childhood Services › Section 75-03-07.1-05 - Appeals

Current through Supplement No. 393, July, 2024
An applicant for a self-declaration document or a provider
				  has the right to appeal a decision to deny or revoke a self-declaration
				  document. A written appeal must be postmarked or received by the department
				  within ten calendar days of the applicant's or provider's receipt of written
				  notice of the decision to deny or revoke the document. Upon receipt of a timely
				  appeal, an administrative hearing must be conducted in the manner prescribed by
				  chapter 75-01-03.
General Authority:
NDCC
					 50-11.1-08
Law Implemented:
NDCC
					 50-11.1-10