N.D. Admin. Code 75-03-21-12

Current through Supplement No. 395, January, 2025

Section 75-03-21-12 - Service and rental agreement

The provider shall furnish each prospective resident, or the resident's legal representative, and the county agency with a signed copy of the provider's service and rental agreement prior to the resident entering the facility. A copy signed by the resident or legal representative and the provider must be kept in the resident's record.

1. The Service and rental agreement must include all of the following information:

a. Landlord tenant eviction and appeals process;

b. Resident's rights to unrestricted telephone access, unless otherwise documented and justified in the person-centered service plan or service and rental agreement;

c. Any relevant expectations with which the resident is expected to comply, including restrictions on the use of alcohol or tobacco in the facility;

d. Sample menu plan of meals served;

e. Procedure concerning the use and management of resident funds;

f. Procedure used for billing, collecting, and reimbursing the charge for board, room, and care;

g. Policies concerning the furnishing of nonemergency resident transportation by the provider;

h. Resident's right to furnish and decorate their bedroom;

i. Resident's right to control their own schedules and activities, unless otherwise documented and justified in the person-centered service plan or service and rental agreement;

j. Resident's right to have visitors of their choosing at any time, unless otherwise documented and justified in the person-centered service plan or service and rental agreement;

k. Accurate and complete information regarding the extent and nature of the care to be provided by the provider, including whether or not the client requires twenty-four-hour supervision or the appropriate length of time the resident may be safely left alone; and

l. Resident's right to be free from coercion and restraint.

2. All agreement modifications must be supported by a specific assessed need and documented and justified in the person-centered service plan or service and rental agreement.

3. All agreement modifications made after the date the initial agreement was signed must be in writing and signed by the resident or the resident's legal representative and the provider. The provider shall furnish the resident, or the resident's legal representative, and the county agency with a signed copy of the modifications. A copy of the modifications must be kept in the resident's records.

N.D. Admin Code 75-03-21-12

Effective May 1, 1992; amended effective May 1, 1995; 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