N.D. Admin. Code 75-04-01-01

Current through Supplement No. 395, January, 2025

Section 75-04-01-01 - [Effective 1/1/2025] Definitions

In this chapter, unless the context or subject matter requires otherwise:

1. "Accreditation" means accredited by a department-approved national organization of a licensee's compliance with a set of specified standards.

2. "Applicant" means an entity that has requested licensure from the North Dakota department of health and human services pursuant to North Dakota Century Code chapter 25-16 and this chapter.

3. "Application" means a request in the form and manner prescribed by the department signed by the applicant or principal officer on behalf of the applicant.

4. "Authorized representative" means a person who has legal authority, either designated or granted, to make decisions on behalf of the eligible individual.

5. "Day habilitation" means a day program of scheduled activities, formalized training, and staff supports to promote skill development for the acquisition, retention, or improvement in self-help, socialization, and adaptive skills. Activities should focus on improving a an eligible individual's sensory, motor, cognitive, communication, and social interaction skills.

6. "Department" means the North Dakota department of health and human services.

7. "Developmental disability" means a severe, chronic disability of an individual which:

a. Is attributable to a mental or physical impairment or combination of mental and physical impairments, including Down syndrome and fetal alcohol spectrum disorders, including fetal alcohol syndrome, partial fetal alcohol syndrome, and alcohol-related neurodevelopmental disorder;

b. Is manifested before the individual attains age twenty-two;

c. Is likely to continue indefinitely;

d. Results in substantial functional limitations in three or more of the following areas of major life activity:

(1) Self-care;

(2) Receptive and expressive language;

(3) Learning;

(4) Mobility;

(5) Self-direction;

(6) Capacity for independent living; and

(7) Economic sufficiency; and

e. Reflects the individual's needs for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.

8. "Developmental disability services" means those services required to be provided by an entity in order to obtain and maintain a license.

9. "Eligible individual" means an individual determined to be eligible by applying for services coordinated through intellectual disabilities - developmental disabilities program management under chapter 75-04-06, for whom services are provided or purchased.

10. "Employment support" means ongoing supports to assist eligible individuals in obtaining and maintaining paid employment at or above minimum wage in an integrated setting. Services are designed for eligible individuals who need intensive ongoing support to perform in a work setting. Service includes on-the-job or off-the-job employment-related support for eligible individuals needing intervention to assist them in maintaining employment, including job development. Employment support includes individual employment support and small group employment support.

11. "Family member" means relatives of a an eligible individual to the second degree of kinship.

12. "Family support services" means a family-centered support service contracted based on the eligible individual's or primary caregiver's need for support in meeting the health, developmental, and safety needs to remain in an appropriate home environment. Family support services includes parenting support, respite, extended home health care, in-home supports, and family care option.

13. "Governing body" means the individual or individuals designated in the articles of incorporation of a corporation, bylaws, or constitution of a legal entity as being authorized to act on behalf of the entity.

14. "Group home" means any community residential service facility, licensed by the department pursuant to North Dakota Century Code chapter 25-16 and this chapter, housing more than three individuals with developmental disabilities. "Group home" does not include a community complex with self-contained rental units.

15. "Infant development" means a systematic application of an individualized family service plan designed to alleviate or mediate developmental delay of the eligible individual from birth through age two.

16. "Intellectual disability" means a diagnosis of the condition of intellectual disability, based on an individually administered standardized intelligence test and standardized measure of adaptive behavior as accepted by the American psychiatric association, and made by an appropriately licensed professional.

17. "Intermediate care facility for individuals with intellectual disabilities" means a residential health facility operated pursuant to title 42, Code of Federal Regulations, parts 442 and 483, et seq.

18. "License" means authorization by the department to provide a service to eligible individuals, pursuant to North Dakota Century Code chapter 25-16 and this chapter.

19. "Licensee" means that entity which has received authorization by the department, pursuant to North Dakota Century Code chapter 25-16 and this chapter and who has executed a Medicaid agreement with the department, to provide a service or services to eligible individuals.

20. "Prevocational services" means formalized training, experiences, and staff supports designed to prepare eligible individuals for paid employment in integrated community settings. Services are structured to develop general abilities and skills that support employability in a work setting. Services are not directed at teaching job-specific skills, but at specific habilitative goals outlined in the eligible individual's person-centered service plan.

21. "Primary caregiver" means a responsible person providing continuous care and supervision to an eligible individual that prevents institutionalization in meeting the needs of the eligible individual and who is not employed by or working under contract of a licensee pursuant to this chapter.

22. "Principal officer" means the presiding member of a governing body, a chairperson, or president of a board of directors.

23. "Program management" means a process of interconnected steps which will assist an eligible individual in gaining access to needed services, including medical, social, educational, and other services, regardless of the funding source for the services to which access is gained.

24. "Resident" means an individual receiving services provided through any licensed residential facility or service.

25. "Residential services" means formalized training and supports provided to eligible individuals to assist with and develop self-help, socialization, and adaptive skills that improve the eligible individual's ability to independently reside and participate in an integrated community. Residential services include residential rehabilitation and independent habilitation.

26. "Standards" means requirements which result in accreditation and, if applicable, certification as an intermediate care facility for individuals with intellectual disabilities.

N.D. Admin Code 75-04-01-01

Effective April 1, 1982; amended effective June 1, 1986; December 1, 1995; April 1, 2000; July 1, 2001; July 1, 2012.

Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.

Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.

Amended by Administrative Rules Supplement 376, April 2020, effective 4/1/2020.

Amended by Administrative Rules Supplement 2024-395, January 2025, effective 1/1/2025.

General Authority: NDCC 25-01.2-18, 25-16-06, 50-06-16

Law Implemented: NDCC 25-01.2-18, 25-16-06