Section 75-02-06-24 - Exclusions1. A facility that exclusively provides residential services for nongeriatric individuals with physical disabilities or a unit within a facility which exclusively provides geropsychiatric services shall not be included in the calculation of the rate limitations.2. The rate for a unit within a facility which exclusively provides geropsychiatric services must be established using the actual allowable historical costs adjusted by the indices under subsection 5 of section 75-02-06-16. Actual allowable historical costs must be determined using the applicable sections of the policies and procedures. An operating margin and incentive determined under subsection 3 of section 75-02-06-16 must be included in the facility's cost rate.3. The direct care rate for a unit within a facility that exclusively provides geropsychiatric services must be established using the allowable historical operating costs and adjustment factors under subsection 4 of section 75-02-06-16.3. The margin cap for direct care must be included in the facility's direct care rate.4. The direct care rate for a facility that exclusively provides residential services for nongeriatric individuals with physical disabilities must be established using the allowable historical operating costs and adjustment factors under subsection 4 of section 75-02-06-16.3. The direct care rate must be limited to two times the limit rate under subdivision c of subsection 3 of section 75-02-06-16.3. The margin cap for direct care must be included in the facility's direct care rate up to two times the limit rate.5. The other direct care rate and indirect care rate for a facility that exclusively provides residential services for nongeriatric individuals with physical disabilities must be limited to one and one-half times the limit rate set under subdivision c of subsection 3 of section 75-02-06-16.3. The margin cap for other direct and indirect care must be included in the facility's rate up to one and one-half times the limit rate.6. A facility may establish a rate for respite care, hospice inpatient respite care, or hospice general inpatient care services.N.D. Admin Code 75-02-06-24
Effective January 1, 1996; amended effective July 1, 1999.Amended by Administrative Rules Supplement 2021-383, January 2022, effective 1/1/2022.Amended by Administrative Rules Supplement 2022-386, October 2022, effective 10/1/2022.General Authority: NDCC 50-24.1-04, 50-24.4-02
Law Implemented: NDCC 50-24.4; 42 USC 1396 a(a)(13)