Section 75-03-21.1-01 - DefinitionsIn 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.N.D. Admin Code 75-03-21.1-01
Adopted byAdministrative Rules Supplement 375, January 2020, effective1/1/2020General Authority: NDCC 50-06-16, 50-11
Law Implemented: NDCC 50-11-03