Section 75-03-21-09 - General practicesThe provider:
1. Shall permit a representative of the department, county agency, or other individual or organization serving a resident entry into the facility without prior notice;2. Shall provide information about the residents to the department, county agency, or other individual or organization serving a resident with reasonable promptness;3. Shall report illness, hospitalization, or unusual behavior of a resident to the individual or organization serving the resident, or to the resident's representative, whichever is appropriate;4. Shall assure that information related to the resident is kept confidential, except as may be necessary in the planning or provision of care or medical treatment, as related to an investigation or license review under this chapter, or as authorized by the resident;5. May not practice, condone, facilitate, or collaborate with any form of illegal discrimination on the basis of race, color, sex, sexual orientation, age, religion, national origin, marital status, political belief, or mental or physical handicap;6. Shall accept direction, advice, and suggestions concerning the care of residents from the department, county agency, or other individual or organization serving a resident;7. Shall assure that residents receiving care are not subjected to abuse, sexual abuse, neglect, or exploitation;8. Shall undergo a medical examination, psychological evaluation, or drug and alcohol evaluation when requested by the department or county agency when there is reason to believe that such an examination or evaluation is reasonably necessary;9. Shall authorize the release of a report of any examination or evaluation, required under subsection 8, to the department or county agency;10. Shall immediately report changes in the identity or number of individuals living in the facility to the department or county agency;11. Shall immediately report an inability to provide care to the resident to the county agency;12. Shall allow a representative of the department, or county agency, to enter the premises, examine the facility and records maintained with respect to the residents, and interview the residents, provider, and caregivers in order to evaluate compliance with this chapter;13. Shall cooperate with the department or county agency in inspections, complaint investigations, planning for the care of a resident, application procedures, and other necessary activities, and allow access of the department, county agency, ombudsman, or other authorized individuals to the facility and its residents;14. May not retaliate against any resident, who has filed a complaint with the department or county agency, by taking away rights or privileges; threatening to take away rights or privileges; or by abusing or threatening to abuse a resident in any manner;15. Shall meet criteria established by the department for employment outside of the facility;16. Must be free of influence, control, and direction in the operation of the facility by the landlord if the private residence is being rented;17. May not use a transfer of ownership of a resident's possessions or property as payments;18. May not purchase property or possessions from a resident without providing documented proof to the department that the item or property was purchased at fair market value;19. May not accept or solicit personal property or a purchased item with a fair market value of at least twenty-five dollars that the resident, resident's family, or both, choose to give to the licensed provider;20. May not accept or solicit personal property or a purchased item with a fair market value of twenty-five dollars or less that the resident, resident's family, or both, chose to give to the licensed provider exceeding more than two times in a calendar year;21. For the purpose of this section, fair market value means:a. In the case of a liquid asset that is not subject to reasonable dispute concerning its value, such as cash, bank deposits, stocks, and fungible commodities, one hundred percent of apparent fair market value;b. In the case of real or personal property that is subject to reasonable dispute concerning its value: (1) If conveyed in an arm's-length transaction to someone not in a confidential relationship with the individual or anyone acting on the individual's behalf, seventy-five percent of estimated fair market value; or(2) If conveyed to someone in a confidential relationship with the individual or anyone acting on the individual's behalf, one hundred percent of estimated fair market value; andc. In the case of income, one hundred percent of apparent fair market value;22. Shall notify the county agency if the provider holds, or will be accepting, appointment as a power of attorney agent for a resident. The department may revoke the license of a provider who holds, or will be accepting, appointment as a power of attorney agent for a resident if the department considers it to be a conflict of interest or a result of undue influence;23. Shall notify the resident or the resident's legal representative of their right to manage the resident's finances. The provider shall notify the county agency in writing if the resident, or the resident's legal representative, requests the provider to act as representative payee;24. Shall provide the county agency, upon request, an accounting of the resident's expenses, including receipts, for all deposits and expenditures if the provider is assisting a resident with management of personal funds; 25. Shall provide twenty-four-hour care and supervision of all residents residing in the facility, unless otherwise documented and justified in the person-centered service plan or service and rental agreement; and26. Use of a respite care provider or a substitute caregiver is required in the absence of the provider if the resident cannot safely be left alone as documented and justified in the person-centered service plan or service and rental agreement. Resident or the resident's legal representative shall be allowed to choose their respite care provider.N.D. Admin Code 75-03-21-09
Effective May 1, 1992; amended effective May 1, 1995; March 1, 1997;April 1, 1999; September 1, 2004; October 1, 2012.Amended by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.General Authority:NDCC 50-06-16, 50-11
Law Implemented: NDCC 50-11-03, 50-11-04