Section 33-03-35-04 - Governing body1. The facility shall have a clearly defined, organized governing body that assumes full legal responsibility for the overall conduct and operation of the facility.2. The governing body is responsible for approval and implementation of effective patient care and administrative policies and procedures for the operation of the facility. These policies and procedures must be in writing, signed, dated, reviewed annually, and revised as necessary.3. The governing body shall appoint an administrator to be in charge of the general administration of the facility. Provisions must be made in writing for an identified staff member to be responsible for the onsite operation of the facility in the absence of the administrator.4. The governing body shall ensure sufficient trained and competent staff are available to provide twenty-four-hour residential and support services.5. The governing body shall ensure training and competency evaluation is completed for all staff and volunteers specific to the care and services provided and necessary to meet the needs of the terminally ill patient.6. The governing body shall ensure a homelike environment is provided and provide overnight family visitation within the facility.7. The governing body shall ensure the facility has an agreement with one or more hospice programs licensed under North Dakota Century Code chapter 23-17.4 to provide hospice services. The agreement must clearly detail the responsibility of the parties involved and must include:a. A detail of the licensed hospice program and the facility's responsibilities for all services delivered to the hospice patient or the hospice patient's family, including: (1) Providing medical direction and management of the hospice patient;(3) Spiritual, dietary, bereavement, or other counseling services;(5) Provisions of medical supplies and equipment;(6) Provisions of drugs necessary for the palliation of pain and symptoms associated with the terminal illness and related conditions; and(7) Any other hospice services that are necessary for the care of the patient.b. A detail of the responsibilities of the hospice provider and the facility to provide bereavement services to facility staff.c. The manner in which the facility and hospice program are to communicate and document communications to ensure patient needs are met twenty-four hours a day.d. A provision allowing the hospice program to use the facility staff and volunteers to assist in the administration of the hospice plan of care only to the extent that the hospice program would routinely use the services of a volunteer or hospice patient's family in implementing the hospice plan of care.e. A provision stating the licensed hospice program assumes responsibility for determining the appropriate course of hospice care, including the determination to change the level of services provided.f. A requirement that the hospice program and facility coordinate regarding the hospice patient's plan of care and the facility patient's plan of care.g. A statement that the facility agrees to abide by the hospice patient's plan of care established by the hospice program.h. A requirement that the facility records must include documentation of all support services provided to the hospice patient and that a copy must be provided to the hospice program.i. A provision that requires the facility to immediately notify the hospice program if: (1) The patient has a significant change in physical, mental, social, or emotional status;(2) Clinical complications appear that suggest a need to alter the hospice plan of care;(3) A need to transfer a patient from the facility occurs; orN.D. Admin Code 33-03-35-04
Adopted by Administrative Rules Supplement 2023-388, April 2023, effective 4/1/2023.General Authority: NDCC 23-17.7-03
Law Implemented: NDCC 23-17.7-03