reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-11 - Taxes

Current through Supplement No. 393, July, 2024
1. Taxes assessed against the center in
				accordance with the levying enactments of the several states and lower levels
				of government and for which the center is liable for payment are allowable
				costs except for those taxes identified as unallowable in section 75-30-20-08.
2. Whenever exemptions to taxes
				are legally available, the center is to take advantage of them. If the center
				does not take advantage of available exemptions, the expense incurred for such
				taxes is not recognized as an allowable cost under the program.
3. Special assessments in excess of one
				thousand dollars which are paid in a lump sum must be capitalized and
				depreciated. Special assessments not paid in a lump sum may be expensed as they
				are billed by the taxing authority.
General Authority: NDCC
					 25-03.2-10,
					 50-06-16
Law Implemented: NDCC
					 25-03.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-12 - Home office costs

Current through Supplement No. 393, July, 2024
1. Home
				offices of chain organizations vary greatly in size, number of locations,
				staff, mode of operations, and services furnished to their member facilities.
				Although the home office of a chain is normally not a center in itself, it may
				furnish to the individual center central administration or other services such
				as centralized accounting, purchasing, personnel, or management services. Only
				the home office's actual costs of providing such services is includable in the
				center's allowable costs under the program.
2. Costs which are not allowed in the center
				will not be allowed as home office costs which are allocated to the center.
3. Any service provided by the
				home office which is included in costs as payments by the center to an outside
				vendor or which duplicates costs for services provided by the center will be
				considered a duplication of costs and will not be allowed.
4. Where the home office makes a loan to or
				borrows money from one of the components of a chain organization, the interest
				paid is not an allowable cost and interest income is not used to offset
				interest expense.
General Authority: NDCC
					 25-03.2-10,
					 50-06-16
Law Implemented: NDCC
					 25-03.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-13 - Related organizations

Current through Supplement No. 393, July, 2024
1. Costs
				applicable to services, facilities, and supplies furnished to a center by a
				related organization may not exceed the lower of the costs to the related
				organization or the price of comparable services, facilities, or supplies
				purchased elsewhere primarily in the local market. Centers must identify such
				related organizations and costs, and allocations must be submitted with the
				cost report.
2. A center may lease
				buildings or equipment from a related organization within the meaning of
				ratesetting principles. In such case, rent or lease expense paid to the lessor
				is allowable in an amount not to exceed the actual costs associated with the
				asset if the rental of the buildings or equipment is necessary to provide
				programs and services to clients. the actual costs associated with the asset
				are limited to depreciation, interest, real estate taxes, property insurance,
				and plant operation expenses incurred by the lessor.
General Authority: NDCC
					 25-03.2-10,
					 50-06-16
Law Implemented: NDCC
					 25-03.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-14 - Startup costs

Current through Supplement No. 393, July, 2024
In the first stages of operation, a new center incurs certain
				  costs in developing its ability to care for clients 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 client care during that
				  period because there are no clients receiving services. Such 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 starting with the month in which the first client is
				  admitted.
General Authority: NDCC
					 25-03.2-10,
					 50-06-16
Law Implemented: NDCC
					 25-03.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-15 - Compensation

Current through Supplement No. 393, July, 2024
1. Reasonable compensation for a person with
				a minimum of five percent ownership, persons on the governing board, or any
				person related within the third degree of kinship to top management personnel
				must 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 centers
				which are nonprofit organizations and which 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 center
				would have to employ another person to perform them.
2. Items which are considered compensation
				include, but are not limited to, the following:
a. Salary.
b. Amounts paid by the center for the
				personal benefit of the person, e.g., housing or automobile allowance.
c. The cost of assets, services,
				or supplies provided by the center for the personal use of the person.
d. Pension, retirement benefits,
				annuities, or deferred compensation.
e. Insurance premiums.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-17 - Private pay rates

Current through Supplement No. 393, July, 2024
1. The department's
				rate will not exceed the full rate charged to nondepartmental or private pay
				clients for the same service. The rate being charged nondepartmental or private
				pay clients at the time the services were provided will govern. In cases where
				the clients are not charged a daily rate, a daily rate will be computed by
				dividing the total nondepartmental or private pay charges for each month by the
				total nondepartmental or private pay census for each month. If at any time the
				center discounts any rates for those periods of time that a client is not in
				the facility and the discount creates a situation in which the rate is less
				than the established rate paid by the department, then the discounted rate will
				be the maximum chargeable for departmental clients and the department will be
				afforded a discount in the amount of the difference between the discounted rate
				and the established rate.
2. If
				the established rate exceeds the rate charged to nondepartmental or private pay
				clients for a service, on any given date, the center 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 center shall, within thirty
				days, refund the overpayment. The refund will be the difference between the
				established rate and the rate charged to nondepartmental or private pay clients
				times the number of department client days paid during the period in which the
				established rate exceeded the nondepartmental or private 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
					 25-03.2-10,
					 50-06-16
Law Implemented: NDCC
					 25-03.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-20 - Ratesetting for Residential Treatment Centers for Children › Section 75-03-20-18 - Reconsiderations and appeals

Current through Supplement No. 393, July, 2024
1.
Reconsiderations.
a. A center
				dissatisfied with the final rate established must request a reconsideration of
				the final rate before a formal appeal can be made. Any requests for
				reconsideration must be filed with the department's division of mental health
				services for administrative consideration within thirty days of the date of the
				rate notification.
b. The
				department's division of mental health services will 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 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-02 - Application

Current through Supplement No. 393, July, 2024
1. An application for a license to operate a
				facility must be made to the department.
2. An application must be made in the form
				and manner prescribed by the department.
3. An application for a license must be filed
				immediately upon change of provider or location.
4. An application is not complete until all
				required information and verifications are submitted to the department,
				including:
a. Fire inspections by the state
				fire marshal or local fire inspector, if required under subsection 7 of section
				75-03-21-06;
b. A self-declaration
				of medical history and, when requested by the department, a report of a
				physician's examination;
c. A
				report of psychological examinations, when requested by the
				department;
d. Proof of age and
				relationship, when requested by the department;
e. Sanitation and safety inspection reports,
				when requested by the department;
f. Completed application form;
g. Drug and alcohol evaluation report, when
				requested by the department;
h.
				Licensing study report assessing the applicant's compliance with this chapter
				and North Dakota Century Code chapter 50-11;
i. Documentation of completion of a course
				related to fire prevention and safety;
j. Fire safety self-declaration
				form;
k. Evidence that all
				caregivers are properly qualified to provide care as provided in section
				75-03-21-08;
l. A successfully
				completed criminal background check as specified in North Dakota Century Code
				sections 50-11-02.4, 50-11-06.8, and 50-11-06.9;
m. Examples of service logs to be used to
				account for service time and tasks performed for each resident;
n. An evacuation disaster plan; and
o. A sample menu plan compliant with dietary
				guidelines outlined in subsection 4 of section 75-03-21-11
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-03 - License

Current through Supplement No. 393, July, 2024
1. Issuance of a license to operate a
				facility indicates compliance with the required standards, rules, and laws at
				the time of issuance.
2. A license
				is nontransferable.
3. A license is
				valid only for the individual or individuals named and the premises described
				on the license.
4. A license is
				valid only for the maximum number of residents and gender makeup for which the
				facility is licensed.
5. An initial
				license is valid for no longer than twelve months from the date of
				issuance.
6. A license that is
				issued after the initial licensing period has expired is valid for no longer
				than twenty-four months from the date of issuance or the date of expiration of
				the provider's status as a qualified service provider, whichever occurs
				first.
7. A provider may obtain
				both a license to operate a facility and a license as a family foster care home
				for children, but may not provide services to both adults and children
				simultaneously without prior written approval from the department.
8. If the private residence of a native
				American family, not subject to the jurisdiction of the state of North Dakota
				for licensing purposes, is located on a recognized Indian reservation in North
				Dakota, an affidavit from an agent of the tribal agency or an appropriate
				tribal officer may be accepted in lieu of a licensing procedure if the
				affidavit represents the following:
a. That
				an investigation of the facility was completed by the tribe's agency or tribal
				council.
b. That the prospective
				facility is in compliance with the standards required by North Dakota Century
				Code section
				50-11-02 and this
				chapter.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-04 - Facility

Current through Supplement No. 393, July, 2024
1. The facility must be:
a. Free of warped or damaged floors, loose or
				unsecured floor coverings, loose tiles, broken or damaged windows, loose or
				broken handrails, broken light bulbs, and other hazards that would affect the
				safety of an adult residing in the facility;
b. Maintained free of offensive odors,
				vermin, and dampness;
c. Maintained
				by a central heating system at a temperature of at least sixty-eight degrees
				Fahrenheit [20 degrees Celsius];
d.
				Maintained so as to prevent crawling and flying pests from entering the
				facility through windows;
e.
				Equipped with handrails in all stairways;
f. Equipped with nonporous surfaces for
				shower enclosures;
g. Equipped
				with safety mats or slip-preventing materials on the bottom of tubs and floors
				of showers; and
h. Physically
				accessible for the resident.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-05 - Sanitation

Current through Supplement No. 393, July, 2024
1. Septic tanks or other nonmunicipal sewage
				disposal systems must comply with chapter 62-03.1-03, private sewage disposal
				systems.
2. Rubbish, garbage, and
				other refuse must be stored in readily cleanable containers and removed from
				the facility at least every second day. Rubbish, garbage, and other refuse kept
				outside of the facility must be stored in readily cleanable, rodent-proof
				containers and disposed of weekly.
3. The facility must be kept reasonably free
				of animal feces, urine, and hair.
4. Drinking water must be obtained from an
				approved community water system or from a source tested by a certified
				laboratory and approved by the state department of health. A copy of the test
				report must be submitted to the county agency. The water and wastewater
				plumbing systems must comply with 62-03.1, plumbing installation
				standards.
5. Milk must be obtained
				from an approved commercial source.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-06 - Safety - Inspections

Current through Supplement No. 393, July, 2024
1. Pets not confined in enclosures must not
				present a danger to a resident or the resident's guests based upon the size,
				temperament, or obedience of the pet. Proof of pet vaccination is required and
				shall be submitted to the county agency.
2. The facility must be located where a
				community or rural fire department is available.
3. Firearms must be stored, unloaded, in a
				locked cabinet. Any firearms cabinet must be located in an area of the facility
				that is not readily accessible to residents.
4. Interior doors with a locking mechanism
				must be provided with a means to unlock the door from either side.
5. The heating and electrical system must be
				inspected for operability and safety at the time of the initial license
				application and periodically thereafter if requested by the
				department.
6. Food preparation
				areas, equipment, and food storage areas must be clean, free of offensive
				odors, and in sound working condition.
7. The department may require that the
				facility be inspected by a local fire inspector or the state fire marshal at
				the time of initial license application and periodically thereafter if the
				department suspects that the facility is not fire safe or when structural
				changes are made to the facility.
8. Deficiencies noted during an inspection
				must be corrected within sixty days after the issuance of the inspection
				report.
9. Any fees for the
				inspections required by the department or costs associated with correcting
				deficiencies noted during an inspection must be the responsibility of the
				applicant or provider.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-07 - Insurance

Current through Supplement No. 393, July, 2024
The provider shall maintain adequate liability insurance,
				  uninsured motorist coverage, and underinsured motorist coverage, according to
				  the terms and conditions of North Dakota Century Code sections
				  39-16.1-11, 26.1-40-15.2, and
				  26.1-40-15.3, on all vehicles operated by the provider or members of the
				  provider's household in which residents may be a passenger.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-08 - Provider qualifications

Current through Supplement No. 393, July, 2024
1. The provider shall:
a. Be twenty-one years of age or
				older;
b. Live continuously in the
				facility;
c. Possess the physical
				health necessary to provide care;
d. Be literate and capable of understanding
				instructions and communicating in the English language;
e. Be free of communicable
				diseases;
f. Be in good physical
				health, emotionally and functionally stable, and not abusing drugs or
				alcohol;
g. Be a qualified service
				provider; and
h. Successfully
				complete criminal background check requirements as specified in North Dakota
				Century Code sections
				50-11-02.4,
				50-11-06.8, and
				50-11-06.9.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-08.1 - Verification and demonstration of competence

Current through Supplement No. 393, July, 2024
1. A physician,
				registered nurse, occupational therapist, physical therapist, or other
				individual with a professional degree in specialized areas of care shall verify
				in writing, on forms furnished by the department, that a provider is competent
				to perform each procedure specified in subsection 9 of section
				75-03-21-08. Verification that a
				provider is competent to perform a procedure is evidence of competence with
				respect to that procedure.
2.
				Competence may be demonstrated in the following ways:
a. A demonstration of the procedure being
				performed;
b. A detailed verbal
				explanation of the procedure; or
c.
				A detailed written explanation of the procedure.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-09.1 - Criminal conviction - Effect on licensure and operation of a facility

Current through Supplement No. 393, July, 2024
1. An applicant may not be an individual who
				has, and may not permit an individual, except a resident, to reside in the
				facility or act as a caregiver in the facility if the individual has been found
				guilty of, pled guilty to, or pled no contest to:
a. An offense described in North Dakota
				Century Code Chapter 12.1-16, homicide; 12.1-18, kidnapping; 12.1-27.2, sexual
				performance 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 an eligible adult; 12.1-31-07.1, exploitation of eligible adult;
				sections 14-09-22, abuse of child; 14-09-22.1, neglect of 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
b. An offense, other
				than an offense identified in subdivision a, if the department determines that
				the individual has not been sufficiently rehabilitated.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-10 - Substitute caregiver and respite care provider qualifications

Current through Supplement No. 393, July, 2024
1. A substitute caregiver or respite care
				provider:
a. Must be eighteen years of age or
				older;
b. Must not be a
				resident;
c. Must possess
				qualifications of a provider specified in subsections 1 and 2 of section
				75-03-21-08 excluding subdivision
				b of subsection 1 of section
				75-03-21-08; and
d. Successfully shall complete criminal
				background check requirements specified in North Dakota Century Code sections
				50-11-02.4,
				50-11-06.8, and
				50-11-06.9. If the substitute
				caregiver's or respite care provider's enrollment as a qualified service
				provider lapses for more than thirty days, the criminal background check must
				be repeated if the individual reapplies for enrollment as a qualified service
				provider subsequent to the lapse.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-11 - Meals and nutrition

Current through Supplement No. 393, July, 2024
1. Three meals must
				be served daily.
2. Residents must
				be allowed access to food at any time and meal choices must be provided. Any
				restrictions on access to or choice of food because of health and safety
				concerns must be documented and justified in the person-centered service plan
				or service and rental agreement.
3.
				There may be no more than fourteen hours between the conclusion of the evening
				meal and service of breakfast.
4.
				Each meal 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.
5. Adequate amounts of food must be available
				at all meals.
6. The special
				dietary needs of the residents must be considered in all menu planning, food
				selection, and meal preparation.
7.
				Consideration must be given to residents' cultural, ethnic, and religious
				backgrounds in food preparation.
8.
				Meals must be regularly and routinely prepared in the facility where the
				residents live.
9. Charges imposed
				for resident meals provided by individuals or businesses other than the
				provider must be paid by the provider unless the provider made a meal available
				at the facility.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-12 - Service and rental agreement

Current through Supplement No. 393, July, 2024
The provider shall furnish each prospective resident, or the
				  resident's legal representative, and the county agency with a signed copy of
				  the provider's service and rental agreement prior to the resident entering the
				  facility. A copy signed by the resident or legal representative and the
				  provider must be kept in the resident's record.
1. The Service and rental agreement must
				include all of the following information:
a.
				Landlord tenant eviction and appeals process;
b. Resident's rights to unrestricted
				telephone access, unless otherwise documented and justified in the
				person-centered service plan or service and rental agreement;
c. Any relevant expectations with which the
				resident is expected to comply, including restrictions on the use of alcohol or
				tobacco in the facility;
d. Sample
				menu plan of meals served;
e.
				Procedure concerning the use and management of resident funds;
f. Procedure used for billing, collecting,
				and reimbursing the charge for board, room, and care;
g. Policies concerning the furnishing of
				nonemergency resident transportation by the provider;
h. Resident's right to furnish and decorate
				their bedroom;
i. Resident's right
				to control their own schedules and activities, unless otherwise documented and
				justified in the person-centered service plan or service and rental
				agreement;
j. Resident's right to
				have visitors of their choosing at any time, unless otherwise documented and
				justified in the person-centered service plan or service and rental
				agreement;
k. Accurate and complete
				information regarding the extent and nature of the care to be provided by the
				provider, including whether or not the client requires twenty-four-hour
				supervision or the appropriate length of time the resident may be safely left
				alone; and
l. Resident's right to
				be free from coercion and restraint.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-13 - Termination of care

Current through Supplement No. 393, July, 2024
1. The provider
				shall terminate care of a resident when care is no longer required or when the
				provider is no longer qualified to provide the care needed by the
				resident.
2. The provider who
				anticipates the termination of care to a resident shall provide the resident,
				or the resident's legal representative, and the department with at least thirty
				days' written notice of the termination. The provider shall assist with the
				transfer of the resident to a setting more appropriate to the resident's needs.
				The provider also shall comply with the provider's service and rental agreement
				and landlord tenant eviction laws.
3. If an emergency placement outside of the
				facility is needed or a resident is hospitalized and the resident's condition
				has changed to the extent that the provider is no longer able to provide the
				resident's care, consideration will be given to waiving the thirty-day written
				notice required under subsection 2 provided keeping the resident or returning
				the resident to the facility would negatively impact the health and well-being
				of the resident, other residents living in the facility, or the
				provider.
General Authority:
NDCC 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-14 - Action on license application

Current through Supplement No. 393, July, 2024
The department may deny or grant a license. A license may be
				  granted subject to such reasonable limitations, restrictions, or conditions as
				  the department may determine to be necessary and appropriate to assure safety
				  and adequate care for residents for which application has been
				  made.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-15 - Bases for license action - Permitting operation after notice of revocation

Current through Supplement No. 393, July, 2024
The department may revoke or deny a license for any of the
				  reasonspermitted in law, or any combination of reasons. A revocation or denial
				  basedon more than one reason must be affirmed, on appeal, if the evidence
				  supportsany reason given for revocation or denial. A provider who receives a
				  notice ofrevocation, and who makes a timely appeal of that notice, may continue
				  to operatethe facility pending a final administrative appeal decision, unless
				  the revocation isbased upon reasons which present an imminent danger to the
				  health, welfare, orsafety of residents or unless the license expires.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-16 - Denial or revocation of license

Current through Supplement No. 393, July, 2024
The denial of an application or the revocation of a license
				  applies to all individuals who applied to be licensed at the facility or who
				  are listed as providers on the license. An application for a license may be
				  denied or a license may be revoked if:
1. Any conditions set forth in North Dakota
				Century Code section 50-11 -02 as prerequisites for issuance of the license do
				not exist;
2. The application
				contains false or misleading material information or the applicant
				intentionally withholds material information;
3. The license was issued upon false,
				misleading, or intentionally withheld material information;
4. A licensee, caregiver, employee, or an
				agent of the facility has violated a provision of this chapter or any of the
				rules of the department;
5. An
				applicant, licensee, caregiver, employee, or agent of the facility has been
				convicted of an offense determined by the department to have a direct bearing
				upon the individual's ability to serve the public or residents of the facility,
				or the department determines, following conviction of any other offense, the
				individual is not sufficiently rehabilitated under North Dakota Century Code
				section 12.1-33-02.1;
6. The
				facility, or the premises proposed for the facility, is not being or will not
				be maintained according to this chapter;
7. The facility, or the premises proposed for
				the facility, is not in sanitary condition or properly equipped to provide good
				care for all residents who may be received;
8. The provider or proposed provider is not
				properly qualified to carry out the duties required;
9. The facility, or the premises proposed for
				the facility, is not being conducted or is not likely to be conducted for the
				public good in accordance with sound public policy and with due regard for the
				health, morality, and well-being of all residents; or
10. The provider or proposed provider is not
				a reputable and responsible individual.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-17 - Distribution of notice of denial or revocation

Current through Supplement No. 393, July, 2024
A copy of a notice of revocation or a notice of denial of a
				  license application may be provided to any resident, any individual who resides
				  in a place under circumstances which may require that place to be licensed as a
				  facility for care of that individual, to any guardian, conservator, county
				  agency, or individual making placement of that resident or
				  individual.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-18 - Reapplication after denial or revocation

Current through Supplement No. 393, July, 2024
A provider or proposed provider whose license has been
				  revoked or whose license application has been denied may not reapply, without
				  the written permission of the department:
1. Until a final, unappealable determination
				has been made with respect to the denial or revocation; and
2. For two years after the date of an
				unappealed denial of a license application or an unappealed revocation of a
				license, or the date of a final, unappealable decision affirming the appealed
				denial of a license application or appealed revocation of a license, whichever
				occurs latest.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-19 - Provisional license

Current through Supplement No. 393, July, 2024
The department may issue a provisional license to an
				  applicant who has previously held an unrestricted license.
1. Any provisional license issued must be
				accompanied by a written statement identifying in what respect the applicant or
				the facility does not comply with North Dakota Century Code chapter 50-11 and
				rules governing the provision of care, signed by the department or its
				designee, and, in writing, be acknowledged by the provider.
2. The applicant shall comply with North
				Dakota Century Code chapter 50-11 and the rules of the department within the
				period of time the provisional license is in effect.
3. A provisional license must:
a. Prominently state that the facility has
				failed to comply with all applicable laws and rules of the
				department;
b. State that the items
				of noncompliance are set forth in a written statement available upon request
				made to the licensed provider;
c.
				Expire on a set date, not to exceed six months from the date of issuance;
				and
d. Be replaced by an
				unrestricted license, if the applicant demonstrates compliance satisfactory to
				the department with all applicable laws and rules within the period of time the
				provisional license is in effect.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-20 - Time period for correcting deficiencies

Current through Supplement No. 393, July, 2024
The following time periods are established for correction of
				  deficiencies identified in a correction order:
1. For a deficiency requiring a provider or
				substitute caregiver to provide written documentation of qualifications in
				providing foster care for adults, a period of up to thirty days must be allowed
				to correct the deficiency;
2. For a
				deficiency that requires an inspection for compliance with fire, safety, and
				sanitation, a period of up to thirty days must be allowed to correct the
				deficiency;
3. For a deficiency
				that requires obtaining and providing the results of a drug and alcohol
				evaluation, psychological evaluation, or a physical examination, a period of up
				to sixty days must be allowed to correct the deficiency;
4. For deficiencies that require building
				remodeling, renovation, or change, a period of up to sixty days must be allowed
				to correct the deficiency;
5. For
				all other deficiencies, a period of up to thirty days must be allowed to
				correct the deficiency;
6. All time
				periods must commence with the date the correction order is received by the
				provider; and
7. The department may
				grant extensions for a period of one-half the original allowable time to
				correct a deficiency upon demonstration by the provider that the need for an
				extension is created by circumstances beyond the control of the provider and
				that the provider has diligently pursued the correction of the
				deficiency.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-21 - Penalties

Current through Supplement No. 393, July, 2024
A licensed provider, if issued a notice of noncompliance with
				  a correction order, must be assessed fiscal sanctions.
1. A violation of any of the following
				sections subjects the licensed provider to a fiscal sanction of twenty-five
				dollars per day: subsections 1, 3, 4, 5, 8, and 10 of section
				75-03-21-04; section
				75-03-21-05; subsections 3, 4, 5,
				and 6 of section
				75-03-21-06; subsection 4 of
				section 75-03-21-09; subsection 1 of
				section 75-03-21-10; subsections 4 and 5
				of section
				75-03-21-11; and subsection 1 of
				section 75-03-21-13.
2. A violation of any of the following
				sections subjects the licensed provider to a fiscal sanction of fifteen dollars
				per day: subsections 6 and 9 of section
				75-03-21-04; subsections 10, 11,
				13, 14, and 17 of section
				75-03-21-09; and section
				75-03-21-12.
3. A violation of any other provision of this
				chapter not noted in subsections 1 and 2 subjects the licensed provider to a
				fiscal sanction of five dollars per day.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-22 - Records

Current through Supplement No. 393, July, 2024
The following records must be kept and maintained for each
				  resident in the facility:
1. The
				resident's full name and birth date;
2. The name, address, and telephone number of
				the resident's legal representative when one exists and an emergency
				contact;
3. Names, addresses, and
				telephone numbers of individuals who can assume responsibility or consent to
				health care under North Dakota Century Code section
				23-12-13 for the resident if the
				legal representative cannot be reached immediately in an emergency;
4. The daily care needed and provided to the
				resident and the name of the individual or individuals who provided the
				care;
5. A record of any matter
				required to be reported under subsection 3 of section
				75-03-21-09 and of any accident
				resulting in injury to a resident; and
6. An accounting of any real or personal
				property the resident or the resident's family gives, sells, or otherwise
				transfers to the provider or provider's family.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21 - Licensing of Foster Homes for Adult › Section 75-03-21-23 - Monitoring

Current through Supplement No. 393, July, 2024
County agency shall conduct facility visits at time of
				  licensure, licensure renewal, or upon evidence of noncompliance. Monitoring
				  visits at the time of licensure renewal or upon evidence of noncompliance must
				  include home- and community-based setting experience interviews with all
				  residents.
1. Interviews must be
				completed in the form and manner described by the department; and
2. Interview results must be provided to the
				department at time of licensure renewal or upon evidence of noncompliance.
General Authority:
NDCC
					 50-06-16, 50-11
Law Implemented:
NDCC
					 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21.1 - Licensing of Agency foster Homes for Adults › Section 75-03-21.1-02 - Application

Current through Supplement No. 393, July, 2024
1. An agency's application for a license to
				operate a facility must be made to the department.
2. An application must be made in the form
				and manner prescribed by the department.
3. An application for a license must be filed
				immediately upon change of agency or facility's location.
4. An application is not complete until all
				required information and verifications are submitted to the department
				including:
a. Fire inspections by the state
				fire marshal or local fire inspector, if required under subsection 1 of section
				75-03-21.1-26;
b. Sanitation and
				safety inspection reports, when requested by the department;
c. Completed application form;
d. Licensing study report assessing the
				applicant's compliance with this chapter and North Dakota Century Code chapter
				50-11;
e. Evidence that all agency
				employees are properly qualified to provide care as provided in section
				75-03-21.1-29;
f. A successfully
				completed criminal background check as specified in North Dakota Century Code
				section 50-11-02.4;
g. Description
				of the type of documentation to be used to account for service time and tasks
				performed for each resident;
h. An
				evacuation disaster plan; and
i. A
				sample menu plan compliant with dietary guidelines outlined in subsection 4 of
				section 75-03-21.1-38.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21.1 - Licensing of Agency foster Homes for Adults › Section 75-03-21.1-03 - License

Current through Supplement No. 393, July, 2024
1. Issuance of a license to operate a
				facility indicates an agency's compliance with the required standards, rules,
				and laws at the time of issuance.
2. A license is nontransferable.
3. A license is valid only for the agency
				named and the facilities' premises described on the license.
4. A license is valid only for the maximum
				number of residents for which the agency is licensed.
5. A license is only valid for those services
				or facilities identified on the license.
6. An initial license is valid for no longer
				than twelve months from the date of issuance.
7. A license issued after the initial
				licensing period has expired is valid for no longer than twenty-four months
				from the date of issuance or the date of expiration of the agency's status as a
				qualified service provider, whichever occurs first.
8. If the agency adult foster care, not
				subject to the jurisdiction of the state of North Dakota for licensing
				purposes, is located on a recognized Indian reservation in North Dakota, an
				affidavit from an agent of the tribal agency or an appropriate tribal officer
				may be accepted in lieu of a licensing procedure if the affidavit represents
				the following:
a. That an investigation of
				the agency and facility was completed by the tribe's agency or tribal
				council.
b. That the prospective
				agency and facility is in compliance with the standards required by North
				Dakota Century Code section 50-11-02 and this chapter.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21.1 - Licensing of Agency foster Homes for Adults › Section 75-03-21.1-04 - Single or multiple license

Current through Supplement No. 393, July, 2024
A single license may be issued authorizing the provision of
				  both residential habilitation and community support services by one applicant
				  or single licenses may be issued authorizing the provision of each discrete
				  service, at the discretion of the department. A license denial or revocation
				  may affect all or some of the services and facilities operated by an agency, as
				  determined by the department.
General Authority:
NDCC 50-06-16, 50-11
Law Implemented:
NDCC 50-11-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-21.1 - Licensing of Agency foster Homes for Adults › Section 75-03-21.1-05 - Notification of license

Current through Supplement No. 393, July, 2024
1. The department,
				within sixty days from the date of the receipt of an application for a license,
				or upon finding an agency in noncompliance with the rules of the department,
				shall notify the applicant or agency's principal officer of the department's
				intent to grant, deny, or revoke a license.
2. The department shall notify the applicant
				or agency in writing. Service of the notification is made upon deposit with the
				United States postal service. The department shall issue a notice of denial or
				revocation in accordance with North Dakota Century Code section
				50-11-08.
3. The applicant or
				agency may appeal the denial or revocation of a license by written request for
				an administrative hearing, mailed or delivered to the department within twenty
				days after service of the denial or revocation. The hearing must be governed by
				the provisions of chapter 75-01-03.
4. The agency may continue to provide
				services until the final appeal decision is rendered. If residents have been
				removed from the facility or service because of a health, welfare, or safety
				issue, the residents shall remain out of the facility or service while the
				appeal is pending.
5. The agency,
				upon final revocation notification, immediately shall return the license to the
				department.
General Authority:
NDCC 50-06-16, 50-11
Law Implemented:
NDCC 50-11-03