Section 75-03-21.1-40 - Applicant guarantees and assurances1. Applicants shall submit, in a manner prescribed by the department, evidence that policies and procedures approved by the governing body are written and implemented in a manner that: a. Guarantees each resident a person-centered service plan;b. Guarantees the resident the right to receive authorized services and supports included in his or her person-centered service plan in a timely manner and the opportunity to fully participate in the benefits of community living, vote, worship, interact socially, freely communicate and receive guests, own and use personal property, and unrestricted access to legal counsel;c. Guarantees such restrictions as may be imposed upon a resident relate solely to capability and are imposed pursuant to the provisions of a person-centered service plan;d. Guarantees the confidentiality of all resident records;e. Guarantees the applicable legal documents establishing guardianship and of durable power of attorney are kept in the resident record and provided to the case manager;f. Guarantees the resident the right to choose and refuse services, who provides the services, the right of the resident and the resident's representatives to be informed of the possible consequences of the refusal, alternative services available, and specifically, the extent to which such refusal may harm the resident or others;g. Assures the resident safe and sanitary living and working arrangements and provides for emergencies or disasters and first-aid training for staff;h. Assures adaptive equipment, where appropriate for personal hygiene, self-care, mobility, or communication, is provided in the service for use by residents with disabilities consistent with the person-centered service plan;i. Assures all employees demonstrate basic professional competencies as required by their job descriptions and complies with all required trainings, credentialing, and professional development activities;j. Assures annual evaluations that measure program outcomes against previously stated goals and objectives are conducted;k. Assures all vehicles transporting residents are subject to routine inspection and maintenance, licensed by the department of transportation, equipped with a first-aid kit and a fire extinguisher, carry no more individuals than the manufacturer's recommended maximum capacity, handicapped accessible, where appropriate, and are driven by individuals who hold a valid state driver's license;l. Guarantees a grievance procedure, reviewed and approved by the department, affords the resident or the resident's authorized representative or advocate, the right to a hearing of any complaint; and guarantees that records of such hearings are maintained and must note therein the complaint, the names of the individuals complaining, and the resolution of the grievance;m. Assures policies and procedures regarding admission to the agency's services and termination of services are in conformance with the rules of the department;n. Assures all documentation, data reporting requirements, rules, regulations, and policies are conducted as required by the department;o. Assures all applicable municipal, federal, and state laws and regulations are being abided by;p. Assures the residents right to use medical marijuana if the resident is a qualified patient who has the required documentation necessary to legally obtain medical marijuana. The facility is not required to administer or store medical marijuana and can limit where a resident uses medical marijuana to a certain part of the facility; andq. Assures the facility complies with all requirements of title 28, Code of Federal Regulations, part 35, app. B.2. Accredited applicants shall submit evidence, satisfactory to the department, of accreditation.3. The department shall determine the degree to which the unaccredited applicant's policies and procedures are in compliance with the standards. N.D. Admin Code 75-03-21.1-40
Adopted byAdministrative Rules Supplement 375, January 2020, effective1/1/2020General Authority: NDCC 50-06-16, 50-11
Law Implemented: NDCC 50-11-03