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 75-03-21.1-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter, unless the context or subject matter
				  otherwise requires:
1. "Abuse" means
				any willful act or omission by an individual which results in physical injury,
				mental anguish, unreasonable confinement, sexual abuse, or exploitation to or
				of a resident.
2. "Agency" means an
				organization which operates the facility.
3. "Agency foster home for adults" means a
				residential home in which foster care for adults is regularly provided
				exclusively to Medicaid waiver recipients by professional staff trained to
				provide services to older adults or adults with a disability, to four or fewer
				adults who are not related by blood or marriage to the owner or lessee, for
				hire or compensation.
4.
				"Applicant" means the agency completing and submitting to the department an
				application to be licensed to provide agency foster care for adults.
5. "Care" means the provision of residential
				habilitation or community support services, as defined by chapter 75-03-23, in
				an agency foster care for adults.
6. "Department" means the North Dakota
				department of human services.
7.
				"Facility" means a licensed agency foster care home for adults providing
				residential habilitation or community support services.
8. "Financial exploitation" means use or
				receipt of services provided by the vulnerable adult without just compensation,
				the taking, acceptance, misappropriation, or misuse of property or resources of
				a vulnerable adult by means of undue influence, breach of a fiduciary
				relationship, deception, harassment, criminal coercion, theft, or other
				unlawful or improper means.
9.
				"Home and community-based setting experience interview" means an instrument
				used to record information about a resident's experiences in the
				facility.
10. "License" means a
				document issued by the department authorizing an applicant to operate a
				facility.
11. "Mental anguish"
				means psychological or emotional damage that requires medical treatment or
				medical care or is characterized by behavioral changes or physical
				symptoms.
12. "Monitoring" means
				overseeing the care provided to a resident by a provider and verifying
				compliance with laws, rules, and standards pertaining to care and the
				resident's rights related to the facility.
13. "Neglect" means the failure of the
				provider to provide the goods or services necessary to avoid subjecting a
				resident to physical harm, mental anguish, or mental illness.
14. "Person-centered service plan" means a
				plan that describes the Medicaid waiver recipient resident's assessed needs,
				outcomes, and goals and how the services and natural supports provided will
				assist the resident in achieving their outcomes and live safely and
				successfully in the community.
15.
				"Provider" means an agency enrolled to operate the facility whose employees
				have documented qualifications in providing care and is enrolled as a qualified
				service provider agency.
16.
				"Qualified service provider agency" means an organization that has met all
				standards and requirements for that status established under chapter
				75-03-23.
17. "Resident" means any
				adult who is receiving care in a facility for compensation up to twenty-four
				hours per day.
18. "Sexual abuse"
				means conduct directed against a resident which constitutes any of those sex
				offenses defined in North Dakota Century Code sections 12.1-20-02, 12.1-20-03,
				12.1-20-03.1, 12.1-20-04, 12.1-20-05, 12.1-20-06, 12.1-20-06.1, 12.1-20-07,
				12.1-20-11, 12.1-20-12.1, and 12.1-20-12.2, and North Dakota Century Code
				chapter 12.1-41.
General Authority:
NDCC 50-06-16, 50-11
Law Implemented:
NDCC 50-11-03