Section 75-01-03-07 - Explanation of right to fair hearing1. The county agency, the department, if the action is taken by the department, or the facility, if action is taken to transfer or discharge a resident of the facility, must, at the times specified in subsection 2, inform the individual in writing: a. Of the individual's right to a fair hearing;b. Of the method by which the individual may obtain a fair hearing; andc. That the individual may represent him or herself or may use legal counsel, a relative, a friend, or other spokesperson.2. The information described in subsection 1 must be provided: a. At the time the individual applies for benefits administered by the county agency under the direction and supervision of the department;b. At the time of any action to grant, terminate, suspend, discontinue, or reduce such benefits, change the manner or form of a temporary assistance for needy families payment to a protective vendor, or two-party payment, or reduce covered Medicaid services;c. At the time a facility notifies a resident of the facility that the resident is to be transferred or discharged; andd. At the time an individual receives an adverse determination by or on behalf of the department with regard to the preadmission screening and resident review requirements of 42 U.S.C. 1396r(e)(7).N.D. Admin Code 75-01-03-07
Effective September 1, 1979; amended effective January 1, 1984; February 1, 1995.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 28-32-02, 50-06-16
Law Implemented: NDCC 50-06-05.1