N.D. Admin. Code 75-03-34-01

Current through Supplement No. 395, January, 2025
Section 75-03-34-01 - Definitions

1. "Assisted living facility" means a building or structure containing a series of at least five living units operated as one entity to provide services for five or more individuals who are not related by blood, marriage, or guardianship to the owner or manager of the entity and which is kept, used, maintained, advertised, or held out to the public as a place that provides or coordinates individualized support services to accommodate the individual's needs and abilities to maintain as much independence as possible. An assisted living facility does not include a facility that is a congregate housing facility, licensed as a basic care facility, or licensed under North Dakota Century Code chapter 23-16 or 25-16 or section 50-11-01.4.

2. "Department" means the North Dakota department of human services.

3. "Entity" means an individual, institution, organization, limited liability company, or corporation, whether or not organized for profit.

4. "Individualized support services" means services provided to individuals who may require assistance with the activities of daily living of bathing, dressing, toileting, transferring, eating, medication management, and personal hygiene.

5. "Living unit" means a portion of an assisted living facility that contains a sleeping area, an entry door that can be locked, and a private bath with a toilet, bathtub or shower, and sink and which is occupied as the living quarters of an individual who has entered into a lease agreement with the assisted living facility.

6. "Medication management" means providing assistance to an assisted living facility tenant with prescribed medications.

7. "Related by blood or marriage to the owner or manager" means an individual who is a spouse or former spouse of the owner or manager or is a parent, stepparent, grandparent, stepgrandparent, child, stepchild, grandchild, stepgrandchild, brother, sister, half-brother, half-sister, stepbrother, or stepsister of the owner or manager or the owner or manager's spouse or former spouse.

N.D. Admin Code 75-03-34-01

Effective January 1, 2002; amended effective March 1, 2004; July 1, 2006.

General Authority: NDCC 50-32-03

Law Implemented: NDCC 50-32-01