Section 75-02-05-11 - Fingerprint-based criminal background checks1. The department shall provide fingerprint-based criminal background checks screenings for enrolled or newly enrolling providers and indirect owners with five percent or more ownership in a high-risk provider, unless that provider and indirect owners has had a successful fingerprint-based background check completed within five years of the enrollment or revalidation date by centers for Medicare and Medicaid or another state Medicaid agency. The department requires a provider, or any person with a five percent or more direct or indirect ownership interest in the provider, to submit a set of fingerprints, within thirty days upon request from centers for Medicare and Medicaid or the medical services division. The provider and owners are required to cover the cost associated with obtaining the fingerprint-based criminal background check. That includes the cost of obtaining the fingerprints and the cost of processing the background investigation. The department shall inform high-risk providers of the form and manner for providing fingerprint-based criminal background check information.2. The department shall evaluate criminal history against the reasons for revocation found in 42 C.F.R. 424.535(a)(3) and based on offenses described in North Dakota Century Code chapter 12.1-16, homicide; 12.1-17, assaults - threats - coercion - harassment; 12.1-18, kidnapping; 12.1-27.2, sexual performances by children; or 12.1-41, Uniform Act on Prevention of and Remedies for Human Trafficking; in North Dakota Century Code section 12.1-20-03, gross sexual imposition; 12.1-20-03.1, continuous sexual abuse of a child; 12.1-20-04, sexual imposition; 12.1-20-05, corruption or solicitation of minors; 12.1-20-06, sexual abuse of wards; 12.1-20-06.1, sexual exploitation by therapist; 12.1-20-07, sexual assault; 12.1-22-01, robbery; 12.1-22-02, burglary, if a class B felony under subdivision b of subsection 2 of that section; 12.1-29-01, promoting prostitution; 12.1-29-02, facilitating prostitution; 12.1-31-05, child procurement; 12.1-31-07, endangering a vulnerable adult; 12.1-31-07.1, exploitation of a vulnerable adult; subsection 1 of section 26.1-02.1-02.1 of North Dakota Century Code, fraudulent insurance acts; or an offense under the laws of another jurisdiction which requires proof of substantially similar elements as required for conviction under any of the enumerated North Dakota statutes. 3. The results of the fingerprint-based criminal background checks is confidential and may be reviewed by the medical services division only to determine if the provider or their owners are fit to participate in Medicaid or children's health insurance program. Results from the fingerprint-based criminal background checks must be reviewed by the medical services division to determine if the provider is allowed enrollment or continued enrollment. A provider, or any person with five percent or greater direct or indirect ownership interest in the provider, who is required by the medical services division or centers for Medicare and Medicaid services to submit a set of fingerprints and fails to do so may have its application denied or enrollment terminated.N.D. Admin Code 75-02-05-11
Adopted by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 50-06-01.9, 50-24.1-04, 50-29-02
Law Implemented: NDCC 50-24.1-01