reglab/statecodes huggingface dataset:
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 75-03-21.1-06 - Types of licenses

Current through Supplement No. 393, July, 2024
1. A license issued
				pursuant to this chapter must be denominated "unrestricted license" or
				"provisional license".
2. An
				"unrestricted license" may be issued to an applicant who complies with the
				rules and regulations of the department and North Dakota Century Code chapter
				50-11, and who is accredited by the council on quality and leadership for
				services for individuals with disabilities in accordance with 2015 third
				edition of the Basic Assurances tool, including all factors and
				indicators.
3. A "provisional
				license" may be issued subject to the provisions of section
				75-03-21.1-07.
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 75-03-21.1-07 - Provisional license

Current through Supplement No. 393, July, 2024
1. An applicant may
				submit an application, on a form provided, for a provisional license,
				permitting the provision of a new provider agency.
a. A provisional license may be issued to an
				applicant who complies with the rules and regulations of the department and
				North Dakota Century Code chapter 50-11 and who has the initial level of
				accreditation by the council on quality and leadership for services for
				individuals with disabilities in accordance with 2015 third edition of the
				Basic Assurances tool, including all factors and indicators.
b. A provisional license issued under this
				subsection may be renewed for an additional six months only upon the
				department's determination the agency has made significant progress toward full
				accreditation by the council of quality and leadership for services for
				individuals with disabilities in accordance with 2015 third edition of the
				Basic Assurances tool, including all factors and indicators, as determined by
				the department.
c. The department
				shall terminate a provisional license and issue an unrestricted license to the
				agency upon full accreditation by the council of quality and leadership for
				services for individuals with disabilities in accordance with 2015 third
				edition of the Basic Assurances tool, including all factors and indicators, as
				determined by the department.
d.
				The department shall issue a notice of denial or revocation of a provisional
				license in accordance with North Dakota Century Code section
				50-11-08.
e. Notice of a denial or
				revocation of a provisional license may be appealed in the same manner as a
				notice of denial or revocation of a license.
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 75-03-21.1-08 - Display of license

Current through Supplement No. 393, July, 2024
The agency shall place the license in an area accessible to
				  the public and where it may be readily seen. Licenses need not be placed on
				  display in residences or residential areas of a facility but must be available
				  to the public or the department upon request.
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 75-03-21.1-09 - Purchase of service or recognition of unlicensed entities

Current through Supplement No. 393, July, 2024
The department may not recognize or approve the activities of
				  unlicensed entities in securing public funds from the United States, North
				  Dakota, or any of its political subdivisions. The department may not purchase
				  any service from such unlicensed entities.
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 75-03-21.1-10 - Unlicensed entities - Notification

Current through Supplement No. 393, July, 2024
Upon a determination that activities subject to licensure are
				  occurring or have occurred, the department shall notify the person that the
				  activities are subject to licensure. The notice must include a citation of the
				  applicable provisions of these rules, an application for a license, a date by
				  which the application must be submitted, and, if applicable, a request for the
				  persons to explain that the activities identified in the notification are not
				  subject to licensure. A person who receives notification shall submit a
				  completed application to the department within thirty days of notice.
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 75-03-21.1-11 - standards of the department

Current through Supplement No. 393, July, 2024
The department herein adopts and makes a part of these rules
				  for all agencies the 2015 third edition of the Basic Assurances tool, including
				  all factors and indicators standards used for accreditation by the council on
				  quality and leadership. If an agency fails to meet an accreditation standard,
				  the department may analyze the agency's failure using the appropriate current
				  standards of the council on quality and leadership, this chapter, and North
				  Dakota Century Code chapter 50-11.
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 75-03-21.1-12 - Identification of basic services subject to licensure

Current through Supplement No. 393, July, 2024
Services provided to eligible residents must be identified
				  and licensed by the following titles for older adults and individuals with
				  physical disabilities:
1. Residential
				habilitation services; or
2.
				Community support services.
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 75-03-21.1-13 - 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 a resident;
b. Maintained
				by a central heating and cooling system at a temperature of at least
				sixty-eight degrees Fahrenheit [20 degrees Celsius];
c. Maintained so as to prevent crawling and
				flying pests from entering the facility through windows;
d. Equipped with handrails in all
				stairways;
e. Equipped with
				nonporous surfaces for shower enclosures;
f. Equipped with safety mats or
				slip-preventing materials on the bottom of tubs and floors of showers;
				and
g. Physically accessible for
				the resident.
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 75-03-21.1-14 - Facility design

Current through Supplement No. 393, July, 2024
1. Facilities must
				be small enough and of a modest design, minimizing the length of hallways, the
				number of exterior corners, and the complexity of construction, to ensure the
				development of meaningful interpersonal relationships and the provision of
				proper programming, services, and direct care.
2. Facilities must simulate the most homelike
				atmosphere possible in order to encourage a personalized environment.
3. Facilities shall provide, at a minimum,
				enough living space, based on the needs of both males and females, with
				provisions for privacy and appropriate access to quiet areas where a resident
				can be alone.
4. Facilities shall
				provide arrangement of space to permit residents to participate in different
				kinds of activities, both in groups and individually. Space must be arranged to
				minimize noise and permit communication at normal conversational
				levels.
5. Facilities must be
				accessible to nonambulatory residents, visitors, and employees.
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 75-03-21.1-15 - Facility location

Current through Supplement No. 393, July, 2024
1. Facilities must
				be located at least three hundred feet [91.44 meters] from hazardous areas,
				including bulk fuel or chemical storage, anhydrous ammonia facilities, or other
				fire hazards or sources of noxious or odoriferous emissions.
2. Facilities may not be located in areas
				subject to adverse environmental conditions, including mudslides, harmful air
				pollution, smoke or dust, sewage hazards, rodent or vermin infestations,
				excessive noise, vibrations, or vehicular traffic.
3. Facilities may not be located in an area
				within the one-hundred-year base flood elevations unless:
a. The facility is covered by flood insurance
				as required by
				42 U.S.C.
				4101; or
b. The finished lowest floor elevation is
				above the one-hundred-year base flood elevation and the facility is free from
				significant adverse effects of the velocity of moving water or by wave impact
				during the one-hundred-year flood.
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 75-03-21.1-16 - Facility bedrooms

Current through Supplement No. 393, July, 2024
1. Bedrooms must
				accommodate no more than two residents.
2. Bedrooms must provide at least one hundred
				square feet [7.43 square meters] per resident in a single occupancy bedroom,
				and at least eighty square feet [5.57 square meters] per resident in a double
				occupancy bedroom, both exclusive of closet and bathroom space.
3. Bedrooms must be located on outside walls
				and separated from other rooms and spaces by walls extending from floor to
				ceiling and be at or above grade level.
4. Bedrooms must not have doors with vision
				panels.
5. Each resident must have
				the opportunity to furnish and decorate their bedrooms as they choose, such as
				a chest of drawers, table, or desk.
6. Bedrooms must provide storage space for
				clothing in the bedroom, which is accessible to all, including nonambulatory
				individuals.
7. Bedrooms for all
				residents must be constructed as a bedroom with walls or partitions of standard
				construction which extend from floor to ceiling and which provide privacy for
				the resident.
8. Bedroom ceilings
				must be at least six feet and eight inches [203.20 centimeters] above the
				finished floor surface at the ceiling's lowest point.
9. No more than one resident may be assigned
				to a bedroom unless requested by both residents. No more than two residents may
				reside in one bedroom.
10. Bedroom
				and bathroom doors must be lockable by the resident for privacy, with only the
				resident and appropriate employee having keys to the bedroom doors. Any
				restrictions on having a lockable bedroom or bathroom door must be documented
				and justified in the person-centered service plan.
11. Bedrooms occupied by residents may not be
				located in a level of the facility below grade level unless there are two means
				of egress, one of which leads to the outside of the facility.
12. At least one full bathroom must be
				available on the same floor as any bedroom occupied by a resident.
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 75-03-21.1-17 - Facility kitchens

Current through Supplement No. 393, July, 2024
1. Kitchens must
				provide sufficient space to permit participation by both employees and
				residents in the preparation of food.
2. Kitchens must provide appropriate space
				and equipment, including a two-compartment sink, to adequately serve the food
				preparation and storage requirements of the facility.
3. Kitchens must have hot water supplied to
				sinks in the range of one hundred ten to one hundred forty degrees Fahrenheit
				[47.22 to 60 degrees Celsius], as controlled by a tempering valve, located to
				preclude resident access.
4.
				Kitchens must be maintained in such a way that they provide for safe food
				handling and food storage, and meet acceptable standards to assure a healthy
				environment.
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 75-03-21.1-18 - Facility bathrooms

Current through Supplement No. 393, July, 2024
1. Bathrooms must
				be located in places that facilitate maximum self-help by residents.
2. Bathrooms must provide showers or
				bathtubs, toilets, and lavatories approximating normal patterns found in homes,
				unless specifically contraindicated by program needs.
3. Bathrooms must serve only up to four
				residents each.
4. At least one
				bathroom per facility must be accessible and usable by nonambulatory residents,
				visitors, and employees.
5.
				Bathrooms must have hot water supplied to lavatories and bathing facilities in
				the range of one hundred ten to one hundred forty degrees Fahrenheit [47.22 to
				60 degrees Celsius], as controlled by a tempering valve, located to preclude
				resident access.
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 75-03-21.1-19 - Facility laundry

Current through Supplement No. 393, July, 2024
Laundry space must provide a washer and dryer, storage for
				  laundry supplies, accommodations for ironing, and counterspace for folding
				  clothing and linen.
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 75-03-21.1-20 - Facility use of space

Current through Supplement No. 393, July, 2024
1.
				Facilities shall provide access to all areas of the facility, with due regard
				for privacy, personal possessions, and service provision, with limitations of
				personal areas of employees.
2.
				Facilities shall provide for a resident to personalize the resident's portion
				of the living unit and mount pictures on the walls.
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 75-03-21.1-21 - Facility water supply

Current through Supplement No. 393, July, 2024
1.
				Facilities must be located in areas where public or private water supplies
				approved by the department of environmental quality are available. Approved
				public water supplies must be used where available.
2. When a private water supply is used, water
				samples must be submitted to a certified laboratory approved by the department
				of environmental quality at the earliest possible date prior to occupancy, and
				every six months thereafter to determine chemical and bacteriological
				acceptability.
3. Drinking water
				must be obtained from an approved community water system or from a source
				tested by a certified laboratory and approved by the department of
				environmental quality. A copy of the test report must be submitted to the
				department. The water and wastewater plumbing systems must comply with article
				62-03.1, plumbing installation standards.
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 75-03-21.1-22 - Facility sewage disposal

Current through Supplement No. 393, July, 2024
1.
				Facilities must be located in areas where public or private sewage disposal
				systems approved by the department of environmental quality are available.
				Approved public sewage disposal systems must be used, where
				available.
2. Plans and
				specifications for proposed private sewage disposal systems or alteration to
				such systems must be approved by the department of environmental quality prior
				to the construction, maintenance, and operation of such systems.
3. Septic tanks or other nonmunicipal sewage
				disposal systems must comply with chapter 62-03.1-03, private sewage disposal
				systems.
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 75-03-21.1-23 - Emergency plans

Current through Supplement No. 393, July, 2024
An agency shall have written plans and procedures, that are
				  clearly communicated to and periodically reviewed with employees and residents
				  for meeting emergencies, including fire, serious illness, severe weather, and
				  missing residents. Applicable requirements of state law and regulations by the
				  state fire marshal and applicable licensing authorities must be met.
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 75-03-21.1-24 - Insurance and bond requirements

Current through Supplement No. 393, July, 2024
An agency shall secure and maintain adequate insurance and
				  bonds appropriate for the size of the programs including:
1. A blanket fidelity bond equal to not less
				than ten percent of the total operating costs of the program;
2. Property insurance covering all risks at
				replacement costs and costs of extra expense for loss of use;
3. Liability insurance covering bodily
				injury, property damage, personal injury, professional liability, and umbrella
				liability as applicable; and
4.
				Automobile or vehicle insurance covering property damage, comprehensive,
				collision, uninsured motorist, bodily injury, and no-fault on all vehicles
				operated by the agency or the agency's employees 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 75-03-21.1 - Licensing of Agency foster Homes for Adults › Section 75-03-21.1-25 - Variance

Current through Supplement No. 393, July, 2024
Upon written application and good cause shown to the
				  satisfaction of the department, the department may grant a variance to an
				  agency from subsection 1 of section 75-03-21.1-14 and subsections 2 and 3 of
				  section 75-03-21.1-16, except no variance may permit or authorize a danger to
				  the health or safety of a resident.
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 75-03-21.1-26 - Applicant's buildings

Current through Supplement No. 393, July, 2024
Applicants occupying buildings, whether owned or leased,
				  shall provide the department with the following:
1. The written report of an authorized fire
				inspector, following an initial or subsequent annual inspection of a building,
				which states:
a. Rated occupancy and approval
				of the building for occupancy; or
b. Existing hazards and recommendations for
				correction which, if followed, would result in approval of the building for
				occupancy;
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 75-03-21.1-27 - Safety codes

Current through Supplement No. 393, July, 2024
1. Applicants shall
				meet the applicable life safety standards established by the local governing
				municipality's ordinances. If the local governing municipality has no
				ordinances establishing life safety standards, the residential service
				facilities shall meet, as determined by the department, the one-family and
				two-family dwellings chapter of the Life Safety Code of the national fire
				protection association, 2000 edition.
2. Upon written application, and good cause
				shown to the satisfaction of the department, the department may grant a
				variance from any specific requirement of the Life Safety Code, upon terms the
				department may prescribe, except no variance may permit or authorize a danger
				to the health or safety of the residents of the facility or violate the
				provisions of North Dakota Century Code chapter 50-11.
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 75-03-21.1-28 - Safety - Inspections

Current through Supplement No. 393, July, 2024
1. Pets not
				confined in enclosures may not present a danger to a resident, visitors, or
				employees based upon the size, temperament, or obedience of the pet. Proof of
				pet vaccination is required and shall be submitted to the department.
2. The facility must be located where a
				community or rural fire department is available.
3. Interior doors with a locking mechanism
				must be provided with a means to unlock the door from either side.
4. The heating and electrical system must be
				inspected for operability and safety at the time of the initial license
				application and upon relicensing.
5. Food preparation areas, equipment, and
				food storage areas must be clean, free of offensive odors, and in sound working
				condition.
6. The department
				requires 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 the facility is not fire safe or when structural
				changes are made to the facility.
7. Deficiencies noted during an inspection
				must be corrected within sixty days after the issuance of the inspection
				report.
8. 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 agency.
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 75-03-21.1-29 - Direct service provider employee qualifications

Current through Supplement No. 393, July, 2024
1. The direct service provider employee must:
a. Be eighteen years of age or
				older;
b. Possess the physical
				health necessary to provide care;
c. Be literate and capable of understanding
				instructions and communicating in the English language;
d. Be in good physical health, emotionally,
				and functionally stable, and not abusing drugs or alcohol;
e. Successfully complete criminal background
				check requirements as specified in North Dakota Century Code sections
				50-11-02.4 and 50-11-06.8; and
f.
				Complete department-approved training on the administration of routine
				medications, traumatic brain injury, and dementia.
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 75-03-21.1-30 - Verifications 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 direct service provider employee is
				competent to perform each procedure specified in subsection 2 of section
				75-03-21.1-29. Verification that a direct service provider employee 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 75-03-21.1 - Licensing of Agency foster Homes for Adults › Section 75-03-21.1-32 - Recording and reporting critical incidents

Current through Supplement No. 393, July, 2024
An agency shall implement policies and procedures to assure
				  that critical incidents including alleged abuse, neglect, and exploitation and
				  use of restraint are immediately reported as required 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 75-03-21.1-33 - Entry and inspection

Current through Supplement No. 393, July, 2024
1. The applicant
				shall affirm the right of the department or human service zone to enter any of
				the applicant's buildings or facilities and access to its records to determine
				the extent to which the applicant is in compliance with the rules of the
				department, to facilitate verification of the information submitted with an
				application for licensure, and to investigate complaints.
2. The agency shall authorize the department
				or human service zone, entry to its facilities and access to its records if the
				agency declares bankruptcy, transfers ownership, ceases operations, evicts
				residents of its facilities, or the contract with the department is terminated
				by either of the parties. The department's entry is for the purpose of
				facilitating the orderly transfer of residents to an alternative service or the
				maintenance of appropriate service until an orderly transfer can be
				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 75-03-21.1 - Licensing of Agency foster Homes for Adults › Section 75-03-21.1-34 - Access to records

Current through Supplement No. 393, July, 2024
The applicant shall affirm the right of duly authorized
				  representatives of the department to inspect the records of the applicant, to
				  facilitate verification of the information submitted with an application for
				  licensure, and to determine the extent to which the applicant is in compliance
				  with the rules of the department and North Dakota Century Code chapter
				  50-11.
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 75-03-21.1-35 - Denial of access to facilities and records

Current through Supplement No. 393, July, 2024
Any applicant or agency that denies the department or human
				  service zone access to a facility or its records, must have its license revoked
				  or its application denied.
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 75-03-21.1-36 - Criminal conviction - Effect on licensure and operation of a facility

Current through Supplement No. 393, July, 2024
1. An individual employed by, or providing
				care in, a facility and any adult living in the facility, but not being
				provided care in the facility, may not have 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 performances by children; or 12.1-41, Uniform Act
				on Prevention of and Remedies for Human Trafficking; or North Dakota Century
				Code section 12.1-17-01, simple assault, if a class C felony under subdivision
				a of subsection 2 of that section; 12.1-17-01.1, assault; 12.1-17-01.2,
				domestic violence; 12.1-17-02, aggravated assault; 12.1-17-03, reckless
				endangerment; 12.1-17-04, terrorizing; 12.1-17-06, criminal coercion;
				12.1-17-07.1, stalking; 12.1-17-12, assault or homicide while fleeing peace
				officer; 12.1-20-03, gross sexual imposition; 12.1-20-03.1, continuous sexual
				abuse of a child; 12.1-20-04, sexual imposition; 12.1-20-05, corruption or
				solicitation of minors; 12.1-20-05.1, luring minors by computer or other
				electronic means; 12.1-20-06, sexual abuse of wards; 12.1-20-06.1, sexual
				exploitation by therapist; 12.1-20-07, sexual assault; 12.1-20-12.3, sexual
				extortion; 12.1-21-01, arson; 12.1-22-01, robbery; or 12.1-22-02, burglary, if
				a class B felony under subdivision b of subsection 2 of that section;
				12.1-29-01, promoting prostitution; 12.1-29-02, facilitating prostitution;
				12.1-31-05, child procurement; 12.1-31-07, endangering an eligible adult;
				12.1-31-07.1, exploitation of an eligible adult; 14-09-22, abuse of a child;
				14-09-22.1, neglect of a child; subsection 1 of section 26.1-02.1-02.1,
				fraudulent insurance acts; or an offense under the laws of another jurisdiction
				which requires proof of substantially similar elements as required for
				conviction under any of the enumerated North Dakota statutes; or
b. An offense, other than a direct-bearing
				offense identified in subsection 1, if the department determines the individual
				has not been sufficiently rehabilitated.
(1)
				The department may not consider a claim that the individual has been
				sufficiently rehabilitated until any term of probation, parole, or other form
				of community corrections or imprisonment without subsequent charge or
				conviction has elapsed, unless sufficient evidence is provided of
				rehabilitation.
(2) An individual's
				completion of a period of three years after final discharge or release from any
				term of probation, parole, or other form of community corrections or
				imprisonment, without subsequent charge or conviction, is prima facie evidence
				of sufficient rehabilitation.
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 75-03-21.1-37 - Disclosure of a criminal record

Current through Supplement No. 393, July, 2024
1. Each
				member of the governing body of the applicant or agency, the chief executive
				officer, and any employees, volunteers, or agents who receive and disburse
				funds on behalf of the governing body, shall disclose to the department if they
				have been found guilty of, pled guilty to, or pled no contest to a criminal
				offense.
2. The applicant or agency
				shall disclose to the department the names, type of offenses, dates of having
				been found guilty of, pled guilty to, or pled no contest to a criminal offense,
				and position and duties within the applicant's or agency's organization of
				employees and volunteers with a criminal record.
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 75-03-21.1-38 - 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 75-03-21.1 - Licensing of Agency foster Homes for Adults › Section 75-03-21.1-39 - Lease or rental agreement

Current through Supplement No. 393, July, 2024
The provider shall furnish each prospective resident, or the
				  resident's legal representative, and the department with a signed copy of the
				  provider's lease or 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 lease or rental agreement must include
				all of the following information:
a. Landlord
				tenant eviction and appeals process;
b. Any relevant expectations with which the
				resident is expected to comply, including restrictions on the use of alcohol or
				tobacco in the facility; and
c.
				Procedure used for billing, collecting, and reimbursing the charge for board,
				room, and care.
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 75-03-21.1-41 - 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 lease or 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, or other residents living in the facility. The department must
				be contacted by the provider prior to receiving authority to waive the
				thirty-day requirement.
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 75-03-21.1-42 - 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
				  reasons permitted by law, or any combination of reasons. A revocation or denial
				  based on one or more reasons must be affirmed, on appeal, if the evidence
				  supports any reason given for revocation or denial. An agency that receives a
				  notice of revocation, and that makes a timely appeal of that notice, may
				  continue to operate the facility pending a final administrative appeal
				  decision, unless the license expires. If the revocation is based on reasons
				  which present an imminent danger to the health, welfare, or safety of
				  residents, an agency may not provide care to a resident pending a final
				  administrative appeal decision.
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 75-03-21.1-43 - 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 legal representative, 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 75-03-21.1 - Licensing of Agency foster Homes for Adults › Section 75-03-21.1-44 - Reapplication after denial or revocation

Current through Supplement No. 393, July, 2024
An agency or applicant whose license has been revoked or
				  whose license application has been denied may not reapply, without the written
				  permission of the department, until a final determination has been made with
				  respect to the denial or revocation.
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 75-03-21.1-45 - 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 that requires an agency
				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 substance use
				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
				agency; 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 agency that the need for an
				extension is created by circumstances beyond the control of the agency and that
				the agency 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 75-03-21.1 - Licensing of Agency foster Homes for Adults › Section 75-03-21.1-46 - Penalties

Current through Supplement No. 393, July, 2024
An agency, 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 or 2 of section 75-03-21.1-13; subsections 2, 8,
				or 11 of section 75-03-21.1-16; subsections 3 or 4 of section 75-03-21.1-17;
				subsection 3 of section 75-03-21.1-21; sections 75-03-21.1-22 or 75-03-21.1-27;
				subsections 3, 4, or 5 of section 75-03-21.1-28; subsection 1 of section
				75-03-21.1-29; subsection 4 of section 75-03-21.1-31; subsections 4 or 5 of
				section 75-03-21.1-38; or subsection 1 of section 75-03-21.1-41.
2. A violation of any of the following
				sections subjects the licensed provider to a fiscal sanction of fifteen dollars
				per day--subsections 1, 9, or 12 of section 75-03-21.1-16; subsections 6, 9,
				10, 11, 12, 13, or 14 of section 75-03-21.1-31; or section
				75-03-21.1-39.
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 75-03-21.1 - Licensing of Agency foster Homes for Adults › Section 75-03-21.1-47 - 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. Applicable legal
				documents establishing guardianship, durable power of attorney, or health care
				directive for the resident;
5. An
				agency shall submit and retain all requisite documentation to demonstrate the
				right to receive payment for all services and supports and comply with all
				federal and state laws, regulations, and policies necessary to disclose the
				nature and extent of services provided and all information to support claims
				submitted by, or on behalf of, the agency;
6. A record of any matter required to be
				reported under section 75-03-21.1-32 and of any accident resulting in injury to
				a resident; and
7. An accounting of
				any real or personal property the resident or the resident's family gives,
				sells, or otherwise transfers to 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 75-03-21.1 - Licensing of Agency foster Homes for Adults › Section 75-03-21.1-48 - Documentation and data reporting requirements

Current through Supplement No. 393, July, 2024
1. An agency shall maintain program records,
				fiscal records, and supporting documentation, including:
a. Authorization from the department for each
				resident for whom service is billed;
b. Attendance sheets and other records
				documenting the days and times the residents received the billed services from
				the agency; and
c. Records of all
				bills submitted to the department for payment.
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 75-03-21.1-49 - Monitoring

Current through Supplement No. 393, July, 2024
The department shall conduct facility visits at the 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.
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 75-03-21.1-50 - Developmental disability licensure

Current through Supplement No. 393, July, 2024
Agencies and facilities licensed according to chapter
				  75-04-01 and North Dakota Century Code chapter 25-16 that provide residential
				  habilitation services satisfy the requirements of section 75-03-21.1-11;
				  sections 75-03-21.1-13 through 75-03-21.1-24; and sections 75-03-21.1-26,
				  75-03-21.1-27, 75-03-21.1-29, and 75-03-21.1-30.
General Authority:
NDCC 50-06-16, 50-11
Law Implemented:
NDCC 50-11-03