N.D. Admin. Code 75-02-02.4-03

Current through Supplement No. 395, January, 2025

Section 75-02-02.4-03 - Powers and duties of the department

The department has the following powers and duties under this chapter:

1. To assign a case manager to complete the informed choice process.

2. To provide information through a person-centered planning process led by the case manager to target population members and their guardians or legal representatives about home and community-based service options and the benefits of integrated settings.

3. To ask target population members or their guardians or legal representatives to provide written or verbal confirmation that they received information through a person-centered planning process, or that they waive their right to receive such information. The department shall retain documentation of the consent or waiver.

4. To determine and develop the type of information necessary to provide the target population members or their guardians or legal representatives with an opportunity to decide whether they oppose receiving services in the least integrated setting appropriate to meet their needs.

5. To provide information about transition supports that may be available to target population members already receiving services in a nursing facility who do not oppose receiving services in the community.

6. To not unnecessarily delay the hospital discharge or nursing facility admission process of target population members if an appropriate referral has been made by a public or private entity to the North Dakota aging and disability resource link or through the request for a level of care determination no later than the day a request for a nursing facility level of care determination is submitted for approval.

7. To assist target population members in accessing home and community-based services if the target population member or their guardian or legal representative do not oppose receiving services in the community and services are appropriate to meet their needs.

8. To not impede any decision made to receive services in a nursing facility for those target population members or their guardians or legal representatives who determine after receiving information about home and community-based options to receive or continue to receive services in a nursing facility.

N.D. Admin Code 75-02-02.4-03

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