Section 75-01-03-09.1 - Facility responsibility prior to fair hearing concerning transfer or discharge1. Upon receipt of notice of a request for fair hearing, the nursing facility, no later than the fifth day after receiving the request, shall provide the appeals supervisor with all information pertinent to the request. 2. Prior to the fair hearing, the nursing facility shall: a. Review the applicable statutes, regulations, rules, and policies in light of the evidence; b. Organize all oral and written evidence and plan for its presentation at the hearing; c. Prepare copies of all written evidence and relevant statutes, regulations, rules, and policies for presentation at the hearing; d. Arrange for the attendance of all witnesses necessary for the presentation of the nursing facility's case; e. Notify the appeals supervisor of any communication problem or hearing facility access problems the resident may have; f. Notify the appeals supervisor of any hearing site access problem the resident may have; g. Notify the appeals supervisor of any change in the resident's circumstances that may affect the necessity for or the conduct of the hearing; and h. Arrange to have present at the hearing a nursing facility representative with full authority to make binding agreements and stipulations. N.D. Admin Code 75-01-03-09.1
Effective February 1, 1995.General Authority: NDCC 28-32-02, 50-06-16
Law Implemented: NDCC 50-06-05.1