reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-23 - Health Care Claims Data › Section 33-03-23-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article, except as otherwise specifically
				  provided or where the context indicates otherwise:
1. "Committee" means the health care data committee
				  established in accordance with North Dakota Century Code chapter 23-01.1.
2. "Comprehensive health association of North Dakota members"
				  means those insurance companies who are participating members in the North
				  Dakota comprehensive health association as determined by the insurance
				  commissioner under North Dakota Century Code section 26.1-08-03.
3. "Council" means the state health council as established
				  under North Dakota Century Code section 23-01-02.
4. "Data supplier" means any insurer, nonprofit health
				  service corporation, health maintenance organization, insured or self-funded
				  group health plan, or state agency which pays for health benefits or provider
				  services, health data clearinghouse, community health information network, or
				  health care provider cooperative.
5. "Department" means the North Dakota state department of
				  health.
6. "Diagnosis-related group" (DRG) means the categorizations
				  established by the health care financing administration for the purposes of
				  hospital payment and any subsequent similar set of categorizations so
				  established.
7. "Group health plan" means an employee welfare benefit plan
				  providing medical care as defined in 26 U.S.C. § 213(d), to participants
				  or beneficiaries directly or through insurance, reimbursement, or otherwise.
8. "HCFA-1500" means the health care financing administration
				  form 1500 or successor forms.
9. "Health maintenance organization" means any health
				  maintenance organization certified by the North Dakota insurance department.
10. "Health professional data" means any claims for
				  inpatient, outpatient, or ambulatory medical or surgical services or other
				  services normally submitted to the third party payer on HCFA-1500 or successor
				  forms or other forms specified by the committee.
11. "Hospital data" means any claims for inpatient,
				  outpatient, or ambulatory surgical services or other services normally
				  submitted to the third-party payer on form UB-92 or successor forms.
12. "Insurers" means any insurance company licensed to do
				  business in North Dakota by the insurance department.
13. "Provider" means a person, agency, or organization which
				  is engaged in the provision of health care to the public.
14. "UB-92" means the health care financing administration
				  form UB-92 or successor forms.
General Authority: NDCC 23-01.1-04
Law Implemented: NDCC
					 23-01.1-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-23 - Health Care Claims Data › Section 33-03-23-03 - Prepublication review

Current through Supplement No. 393, July, 2024
Prior to publication of any reports required by statute, the
				  committee shall allow data suppliers and providers an opportunity to review the
				  data to be published and comment.
Data reports and analyses which are to be made available to
				  the general public and which identify specific providers or which are solely
				  derived from the records of a specific data supplier are subject to the
				  following prepublication review procedures:
1. Prior to the publication of any reports
				required by statute, data, information, analyses, or reports relating to
				individual providers must besubmitted to or available to the provider for
				verification of the accuracy of the information contained in the report. In the
				event that the provider finds a discrepancy between the data available to the
				provider and the information contained in the draft report, the provider may
				submit information substantiating or refuting the draft report. Hospital data
				and nursing home data will be submitted to each hospital or nursing home
				identified. Health professional data will be available onsite at the
				department, and onsite at the licensing or certifying authority of the health
				professional or available at locations determined by the committee.
2. If the committee has not received the
				provider's response in writing within thirty days of the mailing date of the
				draft report, the committee shall assume that the data contained in the report
				has been verified and shall proceed with publication.
3. If the provider responds within thirty
				days of the mailing date of the draft report that the information is incorrect
				and provides documentation that an error has occurred, the committee may accept
				the documentation and revise the draft report correspondingly or it may reject
				the documentation as inadequate and proceed with publication.
The committee shall notify the provider of its decision.
4. The provider may appeal
				the decision of the committee pursuant to North Dakota Century Code chapter
				28-32.
5. Providers may have their
				data-specific comments published as an appendix tofinal reports.
General Authority: NDCC 23-01.1-04
Law Implemented: NDCC
					 23-01.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-23 - Health Care Claims Data › Section 33-03-23-05 - Confidentiality

Current through Supplement No. 393, July, 2024
Individual patient confidentiality shall be protected.
1. The committee shall adopt such
				procedures as it finds necessary for the protection of patient confidentiality
				provided that in no case shall data that specifically identify a patient by
				name or that could be used to identify a patient by name be released to the
				public, data researchers, or employers. Any provider that is identified in the
				claims data submitted to the committee may be identified by name and code
				number in the tabulations released by the committee.
2. The committee may enter into agreements
				with data users, researchers, and employers for the release of data in other
				than final published form. The committee shall establish within these
				agreements appropriate safeguards regarding the release of such data so that
				individual patients will not be identified.
General Authority: NDCC 23-01.1-04
Law Implemented: NDCC
					 23-01.1-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-23 - Health Care Claims Data › Section 33-03-23-06 - Accessibility and cost of reports

Current through Supplement No. 393, July, 2024
The committee shall make certain information available to
				  the public, providers, data suppliers, researchers, and state agencies.
1. The committee shall direct and the
				department shall produce an annual report comparing the cost of hospitalization
				by hospital and for those diagnosis-related groups selected by the committee by
				diagnosis-related group.
2. The
				committee shall direct and the department shall produce an annual report
				comparing the fees of health professionals providing services identified by the
				committee.
3. Any person,
				organization, governmental agency, or other entity may request special
				tabulations of the UB-92 data or HCFA-1500 data or data from other forms as
				specified by the committee that are reported to the department, or direct
				access to a machine-readable, final data set prepared and maintained by the
				department. The final data set must include the exact list of data elements
				specified by the committee. All requests must be made in writing to the
				department. The written request must include the name, address, telephone
				number, employer, or organizational affiliation, and a detailed description of
				the data or tabulations being requested.
4. With the exception of those analyses,
				reports, and projects undertaken pursuant to section
				33-03-23-08, no special
				tabulations may be produced by the department until all editing and updating of
				the data for the year to be included in the tabulations have been completed,
				and the data set is determined to be the final corrected data set.
5. When a request for special tabulations or
				computer tapes is received by the department that would include identification
				of a specific provider or facility in the special tabulations or on the
				requested computer tapes, the provider or facility must be notified by the
				department thatdata including the provider identification are being released.
				The notification must consist of a copy of the completed request form filed
				with the department and a cover letter indicating the anticipated date that the
				data shall be provided. If a request for special tabulations is received
				requesting statewide information or information on multiple providers or
				facilities, then notice as specified in this subsection must be provided to the
				organization representing that type of provider or facility. As used in this
				subsection, "facility" means a clinic, hospital, freestanding surgical center,
				or any other type of health care facility.
6. All direct and indirect costs associated
				with the fulfillment of special requests including staff time, computer time,
				copying costs, and supplies must be borne by the requester.
General Authority: NDCC 23-01.1-04
Law Implemented: NDCC 23-01.1-02,
					 23-01.1-06
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-23 - Health Care Claims Data › Section 33-03-23-07 - Maintenance of data

Current through Supplement No. 393, July, 2024
All data reported to the committee in response to the
				  committee's requests for necessary data must be maintained for five years. A
				  diagnosis-specific subset of the hospitalization claims data set (UB-92)
				  andhealth professional claims data set (HCFA-1500 or data set from other forms
				  specified by the committee) must be maintained for a period of not less than
				  ten years.
General Authority: NDCC 23-01.1-04
Law Implemented: NDCC
					 23-01.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-23 - Health Care Claims Data › Section 33-03-23-08 - Interagency agreements

Current through Supplement No. 393, July, 2024
1. The committee
				shall maintain memoranda of understanding with the department of human
				services, the workers compensation bureau, the public employees retirement
				system, the office of the commissioner of insurance, and any other state agency
				which the committee deems to have access to or authority over, or both,
				significant health care and nursing home data resources, for the sharing of
				information, data, data processing resources, and expertise.
2. These memoranda of understanding must
				contain provisions regarding the security and storage of data and data
				processing media, patient confidentiality, release restrictions, and the
				routine uses of the data reports to be produced, but shall not exempt any state
				agency that is a data supplier from full compliance with all the requirements
				imposed on data suppliers under this chapter.
General Authority: NDCC 23-01.1-04
Law Implemented: NDCC
					 23-01.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-23 - Health Care Claims Data › Section 33-03-23-08.1 - Resale of data

Current through Supplement No. 393, July, 2024
None of the data files may be copied and resold in the form
				  they were received by the requester for any amount greater than the reasonable
				  cost of making a copy of the data file. However, a requester may sell reports
				  derived or created from a data file, if the requester has made significant
				  changes in the selection, coordination, or arrangement of the information in
				  the data file, indicating sufficient originality to permit the requester to
				  obtain a copyright for its reconfiguration of the information in the data file.
General Authority: NDCC 23-01.1-04
Law Implemented: NDCC
					 23-01.1-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-23 - Health Care Claims Data › Section 33-03-23-09 - Civil penalty

Current through Supplement No. 393, July, 2024
Failure of a data supplier to respond to a request for data
				  as set forth in this chapter shall constitute a violation subject to a civil
				  penalty not to exceed five hundred dollars per day of violation. Procedures for
				  the determination of a violation, assessment, and appeal of a penalty are
				  governed by North Dakota Century Code chapter 28-32.
General Authority: NDCC 23-01.1-04
Law Implemented: NDCC
					 23-01.1-07
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Abuse" includes the willful infliction of
				mental, physical, sexual, and verbal abuse which could result in temporary or
				permanent mental, physical, emotional, or psychological injury or harm. Mental
				abuse includes humiliation, harassment, intimidation, threats of punishment, or
				deprivation. Physical abuse includes hitting, slapping, pinching, kicking,
				unreasonable confinement, and deprivation, by an individual, of goods or
				services that are necessary to attain or maintain physical, mental, and
				psychosocial well-being. It also includes controlling behavior through corporal
				punishment. Sexual abuse includes sexual harassment, sexual coercion, sexual
				contact, or sexual assault. Verbal abuse includes any use of oral, written, or
				gestured language that includes disparaging and derogatory terms to residents
				or their families, used within their hearing distance to describe the
				residents, regardless of their age, ability to comprehend, or disability.
2. "Activities of daily living"
				means those personal, functional activities required by an individual for
				continued well-being, including eating, nutrition, dressing, personal hygiene,
				mobility, toileting, and behavior management.
a. "Assistance" means the resident is able to
				help with most of an activity, but cannot do it entirely alone. The resident
				may need prompting, encouragement, or the minimal hands-on assistance of the
				personal care attendant.
b.
				"Independent" means the resident can perform the activities of daily living
				without help.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-03 - Issuance of license

Current through Supplement No. 393, July, 2024
A facility meeting the definition of a basic care facility as
				  outlined in North Dakota Century Code chapter 23-09.3, North Dakota
				  Administrative Code chapter 33-03-24.2. and this chapter must obtain a license
				  from the department in order to operate in North Dakota.
1. Application to operate a facility must be
				made to the department prior to opening a facility, prior to change in
				ownership, annually, and upon determination by the department that a facility
				meets the definition of a basic care facility.
2. Floor plans must be submitted to the
				department for review and approval prior to opening a facility and prior to
				making structural alterations, including those which increase or decrease
				resident bed capacity.
3. Upon
				receipt of an application for an initial license, the department may schedule
				an inspection. Upon completion of the inspection and consideration of the
				findings, the department may issue an initial or provisional license, or deny
				the application.
4. An initial
				license is valid for a period not to exceed one year and shall expire on
				December thirty-first of the year issued.
5. Licenses must be issued on a calendar year
				basis and expire on December thirty-first of each year. An application for
				licensure renewal must be received by the department with sufficient time prior
				to the beginning of the licensure period to process.
6. A provisional license may be issued to a
				facility that does not comply with this chapter if practices in the facility do
				not pose a danger to the health and safety of the residents, as determined by
				the department.
a. A provisional license must
				be accompanied by a written statement of the specific rules or statutes
				violated and the expiration date of the license, which is not to exceed three
				months from the date of issuance.
b. If compliance with the requirements has
				been determined by the department prior to the expiration of the provisional
				license, an annual license may be issued. If an acceptable plan of correction
				has been approved by the department but compliance has not yet been achieved,
				the provisional license may be renewed no more than one time for an additional
				period up to three months at the discretion of the department.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-04 - Waiver provision

Current through Supplement No. 393, July, 2024
The department may waive licensure requirements for
				  specified periods of time in specific instances, provided compliance with the
				  requirement would result in an unreasonable hardship upon the facility and lack
				  of compliance does not adversely affect the health or safety of the residents.
General Authority: NDCC 23-09.3-19
Law Implemented: NDCC
					 23-09.3-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-05 - Plans of correction

Current through Supplement No. 393, July, 2024
1. A basic care
				facility must submit a plan of correction within ten days of receipt of the
				notification of deficiencies pursuant to this chapter.
2. The plan of correction must address how
				each deficiency will be corrected, what the facility will put in place to
				assure continued compliance, and the date upon which the corrective action will
				be completed.
3. The department may
				accept, reject, negotiate modifications to, or direct the plan of correction. A
				directed plan of correction is a plan of correction which has been developed in
				coordination with the department.
4. Correction of deficiencies must be
				completed within sixty days of the survey completion date, unless an
				alternative schedule of correction has been approved by the
				department.
5. The department shall
				determine, based on the review of the facility's plan of correction, what
				followup is necessary to verify the correction of deficiencies has been
				completed. Followup may occur by telephone, mail, or onsite revisit.
6. The department shall make available to the
				public, on the department's website, the deficiency statement and accepted plan
				of correction, following verification of correction.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-06 - Enforcement actions

Current through Supplement No. 393, July, 2024
1. Facilities are
				subject to one or more enforcement actions, which include a ban or limitation
				on admissions, suspension or revocation of a license, or a denial to license,
				for the following reasons:
a. Noncompliance
				with the requirements of this chapter or chapter 33-03-24.2 have been
				identified which:
(1) Present imminent danger
				to residents. These conditions or practices must be abated or eliminated
				immediately or within a fixed period of time as specified by the
				department;
(2) Have a direct or
				immediate negative relationship to the health, safety, or security of the
				residents; or
(3) Have a potential
				for jeopardizing resident health, safety, or security if left
				uncorrected.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-07 - Reconsideration of enforcement actions

Current through Supplement No. 393, July, 2024
The facility has the right to request a reconsideration of
				  decisions resulting in enforcement actions.
1. A written request for a reconsideration
				must be filed with the department within ten days of the date the department
				notified the facility in writing of the decision to initiate an enforcement
				action.
2. The facility requests
				for reconsideration must be accompanied by written documents, including:
a. A copy of the notice received from the
				department.
b. The reason or basis
				in fact for the dispute and request for reconsideration.
c. The statutes or rules relied upon with
				respect to each disputed issue and the factual basis for the facility's
				contention that the violation was erroneously determined.
d. The name, address, and telephone number of
				the person to whom all notices will be mailed or delivered regarding the
				request for reconsideration.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-08 - Appeals

Current through Supplement No. 393, July, 2024
1. A facility dissatisfied with the decision
				on a request for reconsideration, which conforms to the requirements of
				subsection 4 of section
				33-03-24.1-07, may appeal. An
				appeal may be initiated by mailing or delivering the information described in
				subdivisions a through d to the department, division on health facilities,
				state capitol, Bismarck, North Dakota, on or before 5:00 p.m. on the fortieth
				day from the date the department notified the facility in writing of the
				department's decision to initiate an enforcement action. Written documents
				including all of the following must accompany the appeal:
a. A copy of the notice received from the
				department regarding the department's decision on the request for
				reconsideration.
b. A statement of
				each disputed deficient practice and the reason or basis in fact for the
				dispute.
c. The authority in
				statute or rule upon which the facility relies for each disputed item.
d. The name, address, and
				telephone number of the person to whom all notices will be mailed or delivered
				regarding the appeal.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-10 - Fire safety

Current through Supplement No. 393, July, 2024
The fire safety provisions located in section
				  33-03-24.2-08 apply to this
				  chapter.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-11 - Education programs

Current through Supplement No. 393, July, 2024
1. The facility
				shall design, implement, and document educational programs to orient new
				employees and develop and improve employees' skills to carry out their job
				responsibilities.
2. On an annual
				basis, all employees shall receive inservice training in at least the
				following:
a. Fire and accident prevention
				and safety.
b. Mental and physical
				health needs of the residents, including behavior problems.
c. Prevention and control of infections,
				including universal precautions.
d. Resident rights.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-12 - Resident assessments and care plans

Current through Supplement No. 393, July, 2024
1.
				An assessment is required for each resident within fourteen days of admission
				and as determined by an appropriately licensed professional thereafter, but no
				less frequently than quarterly.
2.
				The assessment must be completed in writing by an appropriately licensed
				professional. The assessment must include:
a.
				A review of health, psychosocial, functional, nutritional, and activity status.
b. Personal care and other needs.
c. Health needs.
d. The capability of self-preservation.
e. Specific social and activity
				interests.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-13 - Resident records

Current through Supplement No. 393, July, 2024
1. The facility
				shall provide for secure maintenance and storage of all resident records.
2. Resident records must include:
a. The resident's name, social security
				number, marital status, age, sex, previous address, religion, personal licensed
				health care practitioner, dentist, and designated representative or other
				responsible person.
b. The
				licensed health care practitioner's orders and report of an examination of the
				resident's current health status.
c. An admission note.
d. A copy of an initial and current
				assessment and care plan.
e.
				Documentation of resident observations by authorized staff.
f. Documentation of death, including cause
				and disposition of the resident's personal effects, money, or valuables
				deposited with the facility.
g. A
				quarterly progress note documenting the resident's current health condition,
				level of functioning, activity involvement, nutritional status, psychosocial
				interactions, and needs.
h.
				Documentation of review of prescribed diets.
i. Transfer forms that are completed, signed,
				and sent with the resident when transferred to another facility.
j. A medication administration record
				documenting medication administration consistent with applicable state laws,
				rules, and practice acts.
k.
				Documentation of an annual medication regimen review.
I. A written report of any funds kept at a
				resident's request. Such record shall show deposits to and withdrawals from the
				fund.
m. Documentation of a fire
				drill walk-through within five days of admission.
n. All agreements or contracts entered into
				between the facility and the resident or legal representative.
o. A discharge note.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-14 - Personal care services

Current through Supplement No. 393, July, 2024
The facility shall provide personal care services to assist
				  the resident to attain and maintain their highest level of functioning
				  consistent with the resident assessments and care plans. These services must
				  include assistance with:
1.
				Activities of daily living and instrumental activities of daily living and
				observation and documentation of changes in physical, mental, and emotional
				functioning, as needed.
2.
				Arrangements to seek health care when the resident shows signs or describes
				symptoms of an illness or abnormality for which treatment may be indicated.
3. Arrangements for appropriate
				transfer and transport as needed.
4. Functional aids or equipment, such as
				glasses, hearing aids, canes, crutches, walkers, or wheelchairs.
5. Clothing and other personal effects as
				well as maintenance of personal living quarters.
General Authority: NDCC 23-09.3-09, 28-32-02(1)
Law Implemented: NDCC 23-09.3-03,
					 23-09.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-15 - Pharmacy and medication administration services

Current through Supplement No. 393, July, 2024
1. The facility shall provide assistance to
				the resident in obtaining necessary medications and medical supplies.
2. The facility shall provide a
				secure area for medication storage consistent with chapter 61-03-02.
a. A specific system must be identified for
				the accountability of keys issued for locked drug storage areas.
b. Residents who are responsible for their
				own medication administration must be provided a secure storage place for their
				medications.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-16 - Social services

Current through Supplement No. 393, July, 2024
Social services must be available to meet the needs of the
				  residents either by the facility directly or arranged by the facility through
				  an appropriate agency offering social services.
General Authority: NDCC 23-09.3-09, 28-32-02(1)
Law Implemented: NDCC
					 23-09.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-17 - Nursing services

Current through Supplement No. 393, July, 2024
Nursing services must be available to meet the needs of the
				  residents either by the facility directly or arranged by the facility through
				  an appropriate individual or agency providing nursing services.
General Authority: NDCC 23-09.3-09, 28-32-02(1)
Law Implemented: NDCC
					 23-09.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-18 - Dietary services

Current through Supplement No. 393, July, 2024
The facility must meet the dietary needs of the residents
				  and provide dietary services in conformance with the North Dakota sanitary
				  requirements for food establishments. Dietary services must include:
1. A minimum of three meals each day. Meals
				must be nutritious and well-balanced in accordance with the recommended dietary
				allowances of the food and nutrition board of the national research council,
				national academy of sciences.
2.
				No more than a fourteen-hour span may exist between an evening meal and
				breakfast.
3. Snacks between meals
				and in the evening. These snacks must be listed on the daily menu. Vending
				machines may not be the only source of snacks.
4. Provisions for prescribed diets, if the
				facility accepts or retains individuals in need of such diets.
a. The facility shall provide for preparation
				and serving of prescribed diets.
b. Menus for prescribed diets must be planned
				and reviewed as needed by a professional consistent with North Dakota Century
				Code chapter 43-44.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-19 - Activity services

Current through Supplement No. 393, July, 2024
There must be a planned and meaningful activity program to
				  meet the needs and interests of the residents and encourage self-care and
				  continuity of normal activities. This program must:
1. Be developed based on the activity needs
				and interests of each resident identified through the initial and ongoing
				assessments.
2. Develop and post a
				monthly group activity calendar, based on the individual interests identified,
				which lists social, recreational, and other events available to residents.
3. Activities must be available
				and provided to meet the needs of all residents during the day, in the evening,
				and on the weekend.
4. Assist
				residents with arrangements to participate in social, recreational, religious,
				or other activities within the facility and the community in accordance with
				individual interests and capabilities.
General Authority: NDCC 23-09.3-09, 28-32-02(1)
Law Implemented: NDCC
					 23-09.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-20 - Housekeeping and laundry services

Current through Supplement No. 393, July, 2024
The facility shall maintain the interior and exterior of the
				  facility in a safe, clean, and orderly manner and provide sanitary laundry
				  services, including personal laundry services, for residents.
General Authority: NDCC 23-09.3-09, 28-32-02(1)
Law Implemented: NDCC
					 23-09.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-21 - Adult day care services

Current through Supplement No. 393, July, 2024
1. A
				facility must obtain approval from the department to provide adult day care
				services.
2. Use of existing space
				and equipment to deliver adult day care services is acceptable if this does not
				diminish the services provided to the residents of the facility and their needs
				being met.
3. Medications and
				treatments must be administered only by order of a licensed health care
				practitioner.
4. Records must be
				maintained of services provided to individuals participating in adult day care
				services.
5. An area allowing
				privacy for adult day care individuals must be developed to allow for rest
				periods.
General Authority: NDCC 23-09.3-09, 28-32-02(1)
Law Implemented: NDCC
					 23-09.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.1 - Basic Care Facilities › Section 33-03-24.1-24 - Optional Alzheimer's, dementia, special memory care, or traumatic brain injury facility or unit services

Current through Supplement No. 393, July, 2024
A basic care facility or unit that admits or retains only
				  residents with Alzheimer's, dementia, or special memory care needs in a secured
				  or unsecured facility or unit, or a facility that admits and retains only
				  residents with traumatic brain injury must comply with the additional
				  requirements of this section, apply on an application as specified by the
				  department, and receive written approval from the department before providing
				  the services. A basic care facility may not advertise or hold itself out to the
				  public to provide specialized care to residents with Alzheimer's, dementia,
				  memory loss, or care for residents with traumatic brain injury unless licensed
				  consistent with this section. The facility must meet the following
				  requirements:
1. A basic care facility
				licensed to provide specialized services to residents in this section may admit
				and retain residents who require twenty-four-hour per day dedicated personal
				care staff; however, do not need more than intermittent nursing or medical
				care.
2. Residents with
				Alzheimer's, dementia or special memory care needs, or traumatic brain injury
				admitted and retained must meet the basic care functional level of care and be
				capable of self-preservation.
3.
				The facility or unit licensed to provide specialized care and services to
				residents under this section shall provide:
a.
				Care of residents with chronic moderate to severe memory loss or an individual
				who has significant emotional, behavioral, or cognitive impairments and needs
				services that may include independent living skills, support and training to
				promote and develop relationships, participate in the social life of the
				community, and develop behavioral skills as determined necessary based on
				assessment and care plan;
b.
				Protective oversight and supervision in a structured environment that is
				staffed with sufficient personal care and intermittent licensed nursing staff
				to monitor, evaluate, and accommodate an individual's changing needs;
c. Service in which assistance with
				activities of daily living and independent activities of daily living,
				therapeutic, social, and recreational programming is provided; and
d. Care furnished in a way that fosters the
				maintenance or improvement, as appropriate, to promote independence of the
				resident.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.2 - GENERAL STANDARD FOR CONSTRUCTION AND EQUIPMENT FOR BASIC CARE FACILITIES › Section 33-03-24.2-01 - Definitions

Current through Supplement No. 393, July, 2024
The definitions located in section
				  33-03-24.1-01 apply to this
				  chapter.
General Authority:
NDCC 23-09.3-09, 28-32-02
Law Implemented:
NDCC
					 23-09.3-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.2 - GENERAL STANDARD FOR CONSTRUCTION AND EQUIPMENT FOR BASIC CARE FACILITIES › Section 33-03-24.2-02 - Waiver provision

Current through Supplement No. 393, July, 2024
The waiver provision located in section
				  33-03-24.1-04 applies to this
				  chapter.
General Authority:
NDCC 23-09.3-09, 28-32-02
Law Implemented:
NDCC
					 23-09.3-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.2 - GENERAL STANDARD FOR CONSTRUCTION AND EQUIPMENT FOR BASIC CARE FACILITIES › Section 33-03-24.2-03 - Access and surveillance by the department

Current through Supplement No. 393, July, 2024
The provisions located in section
				  33-03-24.1-03 apply to this
				  chapter.
General Authority:
NDCC 23-09.3-09, 28-32-02
Law Implemented:
NDCC 23-09.3-04,
					 23-09.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.2 - GENERAL STANDARD FOR CONSTRUCTION AND EQUIPMENT FOR BASIC CARE FACILITIES › Section 33-03-24.2-04 - Plans of correction

Current through Supplement No. 393, July, 2024
The provisions located in section
				  33-03-24.1-05 apply to this
				  chapter.
General Authority:
NDCC 23-09.3-09,
					 28-32-02
Law Implemented:
NDCC
					 23-09.3-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.2 - GENERAL STANDARD FOR CONSTRUCTION AND EQUIPMENT FOR BASIC CARE FACILITIES › Section 33-03-24.2-05 - Emanating services

Current through Supplement No. 393, July, 2024
1. Sufficient information on the design of
				other types of facilities physically attached to the basic care facility must
				be submitted to the department so as to determine that safety from fire and the
				adequacy of the spaces and services of the facility are not
				compromised.
2. Occupants of other
				types of facilities may use service spaces, such as dining and activities in
				the facility only when the size of such spaces exceeds the standards of this
				chapter by providing a minimum of fifteen square feet per additional occupant
				using the space.
General Authority:
NDCC 23-09.3-09, 28-32-02
Law Implemented:
NDCC
					 23-09.3-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.2 - GENERAL STANDARD FOR CONSTRUCTION AND EQUIPMENT FOR BASIC CARE FACILITIES › Section 33-03-24.2-06 - Plans and specifications

Current through Supplement No. 393, July, 2024
1. A facility shall contact the department
				prior to any substantial changes in or alterations to any portion of the
				structure to determine to what extent it is subject to review. A substantial
				change includes alterations affecting the fire safety or structural integrity
				of the building, changes in service areas or services provided within a service
				area, changes in bed capacity, or any other change governed by the standards of
				this chapter. The department may request plans, specifications, or other
				information as may be required and shall make the final determination on those
				areas subject to review.
2. A
				facility shall submit plans and specifications to the department for all
				construction, remodeling, and installations subject to review. The plans and
				specifications must be prepared by an architect or engineer licensed in North
				Dakota, unless otherwise determined by the department.
3. Start of construction prior to approval by
				the department of the final plans and specifications is not
				permitted.
4. All construction,
				remodeling, and installations must be in accordance with the final plans and
				specifications approved by the department. Modifications or deviations from the
				approved plans and specifications must be submitted to and approved by the
				department.
5. The department may
				make inspections of construction, remodeling, or installations and arrange
				conferences with the facility to ensure conformance with approved plans and
				specifications.
6. The construction
				specifications must require the contractor to perform tests to ensure all
				systems conform to the approved plans and specifications.
7. Routine maintenance does not require the
				submission of plans and specifications. For the purpose of this subsection,
				routine maintenance means repair or replacement of existing equipment, room
				finishes and furnishings, and similar activities.
General Authority:
NDCC 23-09.3-09,
					 28-32-02
Law Implemented:
NDCC
					 23-09.3-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.2 - GENERAL STANDARD FOR CONSTRUCTION AND EQUIPMENT FOR BASIC CARE FACILITIES › Section 33-03-24.2-07 - Codes and standards

Current through Supplement No. 393, July, 2024
1. A basic care facility must be designed,
				constructed, equipped, maintained, and operated in compliance with:
a. This chapter;
b. The Guidelines for Residential Health.
				Care and Support Facilities. 2014 edition, compiled by the facility guidelines
				institute;
c. The national fire
				protection association 101 Life Safety Code, 2012 edition;
d. North Dakota Century Code section
				54-21.3-04.1. relating to accessibility for disabled persons;
e. The requirements for food and beverage
				establishments issued by the department;
f. North Dakota Administrative Code article
				62-03.1 relating to plumbing standards;
g. North Dakota Administrative Code 24-02
				relating to electrical wiring standards;
h. North Dakota Administrative Code 45-12
				relating to boiler rules and regulations;
i. North Dakota Administrative Code 33-15
				governing air pollution control, relating to incinerators; and
j. North Dakota Administrative Code 33-10
				relating to radiological health.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.2 - GENERAL STANDARD FOR CONSTRUCTION AND EQUIPMENT FOR BASIC CARE FACILITIES › Section 33-03-24.2-08 - Fire safety

Current through Supplement No. 393, July, 2024
1. The basic care facility shall comply with
				the national fire protection association Life Safety Code, 2012 edition,
				chapters 32 and 33, residential board and care occupancy, slow evacuation
				capability, or a greater level of fire safety.
2. Fire drills must be held monthly with a
				minimum of twelve per year, alternating with all workshifts. Residents and
				staff, as a group, shall either evacuate the building or relocate to an
				assembly point identified in the fire evacuation plan. At least once a year, a
				fire drill must be conducted during which all staff and residents evacuate the
				building.
3. Fire evacuation plans
				must be posted in a conspicuous place in the facility.
4. Written records of fire drills must be
				maintained. These records must include dates, times, duration, names of staff
				and residents participating and those absent and why, and a brief description
				of the drill, including the escape path used and evidence of simulation of a
				call to the fire department.
5.
				Each resident shall receive an individual fire drill walk-through within five
				days of admission.
6. Any variation
				to compliance with the fire safety requirements must be approved in writing by
				the department.
7. Residents of
				facilities meeting a greater level of fire safety must meet the fire drill
				requirements of that occupancy classification.
General Authority:
NDCC 23-09.3-09,
					 28-32-02
Law Implemented:
NDCC 18-01-03.2,
					 23-09.3-09
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-24.2 - GENERAL STANDARD FOR CONSTRUCTION AND EQUIPMENT FOR BASIC CARE FACILITIES › Section 33-03-24.2-09 - General building requirements

Current through Supplement No. 393, July, 2024
The basic care facility must be operated in conformance with
				  all state and local laws, rules, and ordinances concerning fire safety and
				  sanitation.
1. Lounge and activity
				space must be provided at a minimum of fifteen square feet [1.39 square meters]
				per licensed bed for recreation, visiting, and an activity program. The lounge
				and activity area may be used to accommodate religious services and activities.
				Each lounge area for resident use must be provided with an adequate number of
				reading lamps, tables, and chairs or couches. These furnishings must be
				well-constructed and accommodate the needs of the residents.
2. Kitchen. Dietary areas and equipment must
				be designed to accommodate the requirements for sanitary storage, processing,
				and handling.
3. Dining area.
a. A minimum of fifteen square feet [1.39
				square meters] per licensed bed must be provided for dining. Activity and
				dining areas must be separate.
b.
				Dining room furnishings must be well-constructed, comfortable, in good repair,
				and must accommodate the needs of the residents. There must be a sufficient
				number of tables of suitable design to accommodate the needs of all residents
				using wheelchairs.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-03 - State Department of Health › Chapter 33-03-25 - Alternative Health Care Services Projects › Section 33-03-25-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Alternative health care services pilot project" means any
				  health care service subject to licensure or certification by the department in
				  which the state health council must waive any existing North Dakota law or rule
				  in order for the project to be developed or operated. This may include, but not
				  be limited to, state laws or rules governing the standards of practice
				  regulating health professionals such as physicians, nurses, pharmacists, or
				  other health professionals; changes in state tax laws, health care
				  reimbursement through state programs, health facility and health program
				  standards, and other changes judged appropriate by the council. The intent of
				  the alternative health care services pilot project is to provide a means for
				  testing new and experimental ways of providing health care services.
2. "Council" means the state health council.
3. "Department" means the state department of health and
				  consolidated laboratories.
4. "Waiver" means that applicable state laws or rules
				  relative to the creation or operation of a pilot project providing alternative
				  health care services do not need to be met for a period of time as specified by
				  the council, but not exceeding the duration of the approved pilot project.
General Authority: NDCC 23-01-04.3
Law Implemented: NDCC
					 23-01-04.3