Section 75-03-21-10 - Substitute caregiver and respite care provider qualifications1. A substitute caregiver or respite care provider: a. Must be eighteen years of age or older;b. Must not be a resident;c. Must possess qualifications of a provider specified in subsections 1 and 2 of section 75-03-21-08 excluding subdivision b of subsection 1 of section 75-03-21-08; andd. Successfully shall complete criminal background check requirements specified in North Dakota Century Code sections 50-11-02.4, 50-11-06.8, and 50-11-06.9. If the substitute caregiver's or respite care provider's enrollment as a qualified service provider lapses for more than thirty days, the criminal background check must be repeated if the individual reapplies for enrollment as a qualified service provider subsequent to the lapse.2. The provider is responsible for the care of residents at all times, even though the duties or tasks of furnishing care have been delegated to a substitute caregiver or respite care provider.3. Respite care providers are limited to the respite care service funding cap. Residents whose care is being paid by the county or state can only receive respite care from a respite care provider. Respite care providers shall bill the department for time spent caring for residents in their care.4. Substitute caregivers who are providing care to private pay residents may not provide resident care on behalf of a facility for more than one hundred ninety-two calendar days during the twenty-four-month period immediately following the renewal date of the initial license or for more than ninety-six days during the twelve-month period immediately following the date of the issuance of the initial license.5. For purposes of this section, whenever a substitute caregiver or respite care provider provides resident care on behalf of a facility for more than eight hours during a calendar day, the calendar day will be counted toward the one hundred ninety-two calendar day or ninety-six calendar day limit a substitute caregiver may provide resident care on behalf of a facility or toward the respite care service funding cap to which a respite care provider established by the department for each qualifying resident. 6. Employing individuals other than those who meet the definition of substitute caregiver or respite care provider to provide services to a resident is prohibited.N.D. Admin Code 75-03-21-10
Effective May 1, 1992; amended effective May 1, 1995; September 1,2004; January 1, 2009; 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