North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-23 - Provision of Home and Community-Based Services Under the Service Payments for Elderly and Disabled Program and the Medicaid Waiver for the Aged and Disabled Program › Section 75-03-23-07 - Qualified service provider standards and agreements

Current through Supplement No. 393, July, 2024
1. An individual or agency seeking
				designation as a qualified service provider shall complete and return the
				applicable forms supplied by the department in the form and manner prescribed.
				The qualified service provider, including any employees of an agency designated
				as a qualified service provider, shall meet all licensure, certification, or
				competency requirements applicable under state or federal law and departmental
				standards necessary to provide care to eligible individuals whose care is paid
				by public funds. An application is not complete until the individual or agency
				submits all required information and required provider verifications to the
				department.
2. A provider or an
				individual seeking designation as a qualified service provider:
a. Must have the basic ability to read,
				write, and verbally communicate;
b.
				Must not be an individual who has 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 North Dakota Century Code
				section 12.1-17-01, simple assault, if a class C felony under subdivision a of
				subsection 2 of that section; 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; 12.1-17-07.1, stalking;
				12.1-17-12, assault or homicide while fleeing peace officer; 12.1-20-03, gross
				sexual imposition; 12.1-20-03.1, continuous sexual abuse of 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; 12.1-20-06.1, sexual exploitation by
				therapist; 12.1-20-07, sexual assault; 12.1-20-12.3, sexual extortion;
				12.1-21-01, arson; 12.1-22-01, robbery; or 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; 12.1-31-07, endangering a vulnerable adult; 12.1-31-07.1,
				exploitation of a vulnerable adult; 14-09-22, abuse of a child; 14-09-22.1,
				neglect of a child; subsection 1 of section 26.1-02.1-02.1, fraudulent
				insurance acts; or an offense under the laws of another jurisdiction which
				requires proof of substantially similar elements as required for conviction
				under any of the enumerated North Dakota statutes; or
(2) An offense, other than a direct-bearing
				offense identified in paragraph 1 of subdivision b of subsection 2, if the
				department determines that the individual has not been sufficiently
				rehabilitated.
(a) The department may not
				consider a claim that the individual has been sufficiently rehabilitated until
				any term of probation, parole, or other form of community corrections or
				imprisonment without subsequent charge or conviction has elapsed, unless
				sufficient evidence is provided of rehabilitation.
(b) An individual's completion of a period of
				three 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;
c. In the case of an offense described in
				North Dakota Century Code section 12.1-17-01, simple assault, if a felony;
				12.1-17-01.1, assault; 12.1-17-01.2, domestic violence, if a misdemeanor;
				12.1-17-03, reckless endangerment; 12.1-17-04, terrorizing; 12.1-17-06,
				criminal coercion; 12.1-17-07.1, stalking; 12.1-18-03, unlawful imprisonment;
				12.1-20-05, corruption or solicitation of minors, if a misdemeanor; 12.1-20-07,
				sexual assault, if a misdemeanor; or equivalent conduct in another jurisdiction
				which requires proof of substantially similar elements as required for
				conviction, the department may determine that the individual has been
				sufficiently rehabilitated if five years have elapsed after final discharge or
				release from any term of probation, parole, or other form of community
				corrections or imprisonment, without subsequent convictions;
d. Shall maintain confidentiality;
e. Shall, using applicable forms and
				providing documentation as required by the department:
(1) Revalidate qualified service provider
				enrollment except as provided in paragraph 3, within the time period as
				required by the Medicaid state plan option for personal care services or
				Medicaid waiver program, whichever occurs first; and
(2) Provide evidence of competency, except as
				provided in paragraph 3, at least every sixty months for an agency enrolled as
				a qualified service provider or at least every thirty months for an individual
				enrolled as a qualified service provider, and within the time period as
				required by the Medicaid state plan option for personal care services or
				Medicaid waiver program, whichever occurs first; or
(3) Revalidate qualified service provider
				enrollment only every sixty months for an individual enrolled as a qualified
				service provider providing family home care services under the SPED program and
				expanded service payments for elderly and disabled;
f. Must be physically capable of performing
				the service for which they were contracted with or hired as an independent
				contractor; and
g. Must be at least
				eighteen years of age.
h. A
				representative of an enrolled qualified service provider agency or an
				individual qualified service provider must complete a department-approved
				qualified service provider orientation prior to initial enrollment.