Section 75-02-02.4-02 - Informed choice for target population membersThe department will work with public and private entities in identifying target population members in order to inform them about home and community-based service options. A public or private entity may not require target population members and their guardians or legal representatives to consent to the referral or sign a release of information before a referral is made. However, target population members and their guardians or legal representatives may refuse to participate in the informed consent process. The target population is comprised of:
1. Individuals with physical disabilities who are at serious risk of entering nursing facilities to access Medicaid-funded long-term care composed of individuals with physical disabilities who:a. Have been referred for a level of care determination screening to access nursing facility services and are likely to require long-term services and supports;b. Need services to continue living in the community, have impairments that make them likely to screen at a nursing facility level of care, and have been determined eligible for service payments for the elderly and disabled with less than twenty-five thousand dollars in assets; orc. Need home and community-based services to continue living in the community and currently have a case management provider or have contacted the North Dakota aging and disability resource link; and2. Individuals with physical disabilities who:a. Are receiving Medicaid-funded nursing facility services and are likely to require long-term services and supports; orb. Are receiving nursing facility services, are likely to become eligible for Medicaid within ninety days, have submitted a Medicaid application, and seeking approval for a long-term nursing facility stay.N.D. Admin Code 75-02-02.4-02
Adopted by Administrative Rules Supplement 2020-379, January 2021, effective 1/1/2021.General Authority: NDCC 50-06-16, 50-06.2-03(6)
Law Implemented: S.L. 2019, ch. 37, § 44