Section 75-04-01-02 - [Effective 1/1/2025] License required and renewal1. No individual, association of individuals, partnership, limited liability company, or corporation shall offer or provide a service or own, manage, or operate a facility offering or providing a service to more than two individuals with developmental disabilities without first having obtained a license from the department unless the facility is:a. Exempted by North Dakota Century Code section 15.1-34-02; orb. Operated by a nonprofit corporation that receives no payments from the state or any political subdivision and provides only day supports for six or fewer individuals with developmental disabilities. "Payment" does not include donations of goods and services or discounts on goods and services.2. Licensure does not create an obligation for the state to purchase services from the licensee.3. At the discretion of the department, the department may issue a single license for a discrete service or issue multiple licenses by service location.4. A license is nontransferable, expires not more than one year from the effective date of the license, and is valid for the services or locations identified therein.5. A license issued by the department must include the legal name of the licensee, the address or location where services are provided, the occupancy or service limitations, the unique services authorized, the region and counties where services are provided, and the expiration date of the license.6. A licensee shall submit to the department an application for a license no later than sixty days prior to the expiration date of a valid license. If the licensee is not able to provide the application within this time frame, a request to waive the sixty days submission time line must be submitted to the department prior to the license expiration date. If the licensee continues to meet all standards established by North Dakota Century Code chapters 25-01.2 and 25-16 and the rules of the department, the department shall issue a license renewal.7. The licensee shall place the license in an area accessible to the public where it may be readily seen, except in residences or residential areas of a facility where a license must be available to the public or the department upon request.8. Licensees shall sign a Medicaid provider agreement and required addendums with the department to provide services to eligible individuals.9. A licensee who voluntarily terminates a license shall submit a new application to reapply for licensure.N.D. Admin Code 75-04-01-02
Effective April 1, 1982; amended effective June 1, 1986; December 1, 1995; 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 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, 25-16-02, 25-16-03