Current through the 2023 Legislative Sessions
Section 50-24.7-02 - Powers and duties of the department1. The department shall administer expanded service payments for elderly and disabled and supervise and direct human service zones in the administration of expanded service payments for elderly and disabled.2. The department shall pay qualified service providers at rates determined by the department, within limits of legislative appropriation, for the provision of the following services provided to eligible individuals:b. Adult family foster care;g. Nonmedical transportation;i. Other services the department determines to be essential and appropriate to sustain an individual in the individual's home and community and to delay or prevent institutional care.3. The department shall take actions, give directions, and adopt rules as necessary to carry out the provisions of this chapter.4. An overpayment, whether resulting from an eligible beneficiary's or eligible beneficiary's legal representative's concealment, misrepresentation, or fraud, or from assistance granted pending a decision on an appeal adverse to the appellant, and whenever made, is subject to recovery by the department. An overpayment may be collected from any person that benefited from, or that was responsible for, the overpayment. A statute of limitations or similar statute or the doctrine of laches does not bar a claim under this chapter.Amended by S.L. 2019, ch. 391 (SB 2124),§ 121, eff. 1/1/2020.Amended by S.L. 2017, ch. 336 (HB 1119),§ 2, eff. 8/1/2017.Added by S.L. 2011, ch. 368 (SB 2077),§ 5, eff. 8/1/2011.