Section 75-03-21.1-31 - General practicesThe provider:
1. Shall permit a representative of the department, human service zone, 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, human service zone, 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, and to the resident's legal representative, whichever is appropriate;4. Shall assure 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, required or permitted by law, 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, age, religion, national origin, marital status, political belief, or mental or physical disability;6. Shall accept direction, advice, and suggestions concerning the care of residents from the department, human service zone, or other individual or organization serving a resident;7. Shall assure residents receiving care are not subjected to abuse, sexual abuse, neglect, or financial exploitation by the provider, employees, or volunteers;8. Shall coordinate and facilitate the release of a report of any examination or evaluation, required under subsection 3 of section 75-03-21.1-29, to the department or human service zone;9. Immediately shall report changes in the identity or number of individuals living in the facility to the department;10. Immediately shall report an inability to provide care to the resident to the department;11. Shall allow a representative of the department, or human service zone, to enter the premises, examine the facility, and interview the residents, provider, and employees in order to evaluate compliance with this chapter and North Dakota Century Code chapter 50-11;12. Shall cooperate with the department or human service zone in inspections, complaint investigations, planning for the care of a resident, application procedures, and other necessary activities, and allow access of the department, human service zone, ombudsman, or other authorized individuals to the facility and its residents;13. May not retaliate against any resident who has filed a complaint with the department or human service zone 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;14. May not use a transfer of ownership of a resident's possessions or property as payments;15. 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;16. 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 provider or employees;17. 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 or employees exceeding more than two times in a calendar year;18. 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 resident or anyone acting on the resident's behalf, seventy-five percent of estimated fair market value; or(2) If conveyed to someone in a confidential relationship with the resident or anyone acting on the resident's behalf, one hundred percent of estimated fair market value; andc. In the case of income, one hundred percent of apparent fair market value;19. Shall notify the department 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;20. Shall notify the resident or the resident's legal representative of their right to manage the resident's finances. The provider shall notify the department in writing if the resident, or the resident's legal representative, requests the provider to act as representative payee;21. Shall provide the department, 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; and22. 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.N.D. Admin Code 75-03-21.1-31
Adopted byAdministrative Rules Supplement 375, January 2020, effective1/1/2020General Authority: NDCC 50-06-16, 50-11
Law Implemented: NDCC 50-11-03