N.D. Cent. Code ch. 25-16

N.D. Cent. Code ch. 25-16
in effect

N.D. Cent. Code § 25-16-01 Definitions

25-16-01. Definitions In this chapter unless the context or subject matter otherwise requires: 1. "Department" means the department of health and human services. 2. "Developmental disability" has the same meaning as in section 25-01.2-01. 3. "Group home" means any community residential facility housing more than three individuals with a developmental disability. 4. "Host home" means a community-based family home environment providing services to no more than two individuals with a developmental disability who require out-of-home placement to facilitate delivery of intensive care and support. 5. "Provider agency" means an entity providing services to individuals with developmental disabilities and licensed by the department to provide services.

N.D. Cent. Code § 25-16-02 License required

25-16-02. License required The operator of a provider agency for individuals with a developmental disability shall secure annually from the department a license as required by rules adopted under this chapter.

N.D. Cent. Code § 25-16-03 Requirements for license

25-16-03. Requirements for license The department shall issue a license for the operation of an agency providing services to individuals with a developmental disability upon a showing that: 1. The premises to be used are safe, sanitary, and properly equipped to provide good care; 2. The persons in charge of the provider agency, including their assistants, are qualified by training and experience to carry on efficiently the duties required of them; 3. The health, safety, and well-being of individuals receiving services are protected; 4. A variety of meaningful activities, treatment, educational opportunities, and physical facilities are available; 5. Appropriate arrangements are made for a medical and psychological examination of each individual; and 6. The provider is in compliance with rules adopted by the department under this chapter.

N.D. Cent. Code § 25-16-03.1 Conviction not bar to licensure - Exceptions

25-16-03.1. Conviction not bar to licensure - Exceptions Conviction of an offense does not disqualify a person from licensure under this chapter unless the department determines that the offense has a direct bearing upon a person's ability to serve the public as an owner or operator of a provider agency, or that, following conviction of any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.

N.D. Cent. Code § 25-16-03.2 Corrective actions

25-16-03.2. Corrective actions 1. If the department finds the provider agency is not in compliance with this chapter or the rules adopted by the department, the department may notify the provider agency of required corrective actions. 2. The provider agency shall submit a corrective action plan addressing the corrective actions. 3. If the provider agency fails to comply with the corrective action plan by the date certain for correction, the department may: a. Issue a restricted license; or b. Revoke the license.

N.D. Cent. Code § 25-16-04 Inspection and report by department

25-16-04. Inspection and report by department The department may inspect the facilities, premises, and records of the applicant or the provider agency to determine whether the provider agency is in compliance with the rules of the department, to facilitate verification of the information submitted with an application for licensure, to investigate complaints, and to evaluate the implementation of a plan of correction.

N.D. Cent. Code § 25-16-05 Content of license

25-16-05. Content of license The license issued under the provisions of this chapter must specify: 1. The name of the provider agency. 2. The premises to which the license is applicable. 3. The occupancy or service limitations. 4. The date of expiration of the license.

N.D. Cent. Code § 25-16-06 Department to prescribe forms - Rules

25-16-06. Department to prescribe forms - Rules The department may prescribe forms for the registration and record of an eligible individual and may adopt reasonable rules necessary to carry out the purposes of this chapter.

N.D. Cent. Code § 25-16-07 Confidential records

25-16-07. Confidential records Except as otherwise authorized by law, an agent of the department or the superintendent of the life skills and transition center or the provider agency, their agents, or employees may not disclose the contents of an eligible individual's records, nor of the reports received from those records, except: 1. In a judicial proceeding when ordered by the presiding judge; 2. To a law enforcement official for a law enforcement purpose or any other legally constituted boards or agencies serving the interests of the eligible individuals for treatment, payment, or health care operations, to arrange, facilitate, or coordinate service to any such person; 3. To the parents or legal guardians of the eligible individual; 4. To a physician to aid in the treatment of an individual within the fourth degree of consanguinity of a deceased eligible individual, if the disclosure is limited to genetic health information that has a direct bearing on the health of the relative, the relative's child, or the relative's decision to have a child; or 5. To an individual who is within the fourth degree of consanguinity of a deceased eligible individual, if the disclosure is limited to information about an eligible individual needed to establish a family's genealogy.

N.D. Cent. Code § 25-16-08 Revocation of license

25-16-08. Revocation of license The department may revoke a license of a provider agency upon a proper showing that: 1. Any of the conditions set forth in section 25-16-03 as requirements for the issuance of the license no longer exists; 2. The license was issued upon fraudulent or untrue representations; 3. The owner or operator has violated any of the rules of the department; or 4. The owner or operator of the provider agency has been guilty of an offense determined by the department to have a direct bearing upon a person's ability to serve the public as an owner or operator, or the department determines, following conviction of an offense, that the person is not sufficiently rehabilitated under section 12.1-33-02.1.

N.D. Cent. Code § 25-16-09 Hearing on denial or revocation of license

25-16-09. Hearing on denial or revocation of license Before any application for a license is denied or before the revocation of such license by the department, written charges as to the reasons for the revocation or denial must be served upon the applicant or provider agency, who has a right to a hearing before the department, if a hearing is requested within ten days after service of written charges.

N.D. Cent. Code § 25-16-10.1 Maximum annual return on investment

25-16-10.1. Maximum annual return on investment Repealed by S.L. 2003, ch. 231, § 3.

N.D. Cent. Code § 25-16-11 Funds of state department of human services for purchasing residential care, custody, treatment, and education for developmentally disabled persons

25-16-11. Funds of state department of human services for purchasing residential care, custody, treatment, and education for developmentally disabled persons. Repealed by S.L. 2001, ch. 259, § 1.

N.D. Cent. Code § 25-16-12 Efforts to obtain private and governmental grants

25-16-12. Efforts to obtain private and governmental grants The department and the provider agency may exert all possible efforts to obtain grants, both private and governmental, for the care, custody, treatment, training, and education of individuals with a developmental disability.

N.D. Cent. Code § 25-16-13 Expenses chargeable against eligible individual, eligible individual's estate, or responsible relatives

25-16-13. Expenses chargeable against eligible individual, eligible individual's estate, or responsible relatives. This chapter does not relieve the responsibility of the eligible individual, the eligible individual's estate, or responsible relatives of the expenses for care and treatment as provided in chapter 25-04 or 50-06.3. The provisions of chapter 25-04 or 50-06.3 applicable to the expenses of care and treatment of patients apply to this chapter.

N.D. Cent. Code § 25-16-14 Group homes for individuals with developmental disabilities - Zoning

25-16-14. Group homes for individuals with developmental disabilities - Zoning Notwithstanding the provisions in chapter 11-33, 40-47, or 58-03, or any other provisions authorizing any political subdivision to establish or enforce zoning regulations, a licensed group home serving six or fewer individuals with a developmental disability must be considered a permitted use in a single-family or equivalent least-density residential zone, and a licensed group home serving eight or fewer individuals with a developmental disability must be considered a permitted use in any area zoned for residential use of greater density than single- family use.

N.D. Cent. Code § 25-16-15 Depreciation recapture on the sale of fixed assets

25-16-15. Depreciation recapture on the sale of fixed assets Repealed by S.L. 2003, ch. 231, § 2.

N.D. Cent. Code § 25-16-16 Owner compensation for services provided

25-16-16. Owner compensation for services provided Repealed by S.L. 2003, ch. 231, § 3.

N.D. Cent. Code § 25-16-17 Purchase of services - Host home program

25-16-17. Purchase of services - Host home program 1. The department may purchase residential care, custody, treatment, training, and education services for individuals with developmental disabilities from a provider agency or a Medicaid-enrolled provider, from funds appropriated for that purpose. 2. The department may establish a host home program to provide out-of-home placement habilitation and support services for Medicaid-eligible individuals with developmental disabilities.

N.D. Cent. Code § 25-16-18 Federal requirements - Supremacy

25-16-18. Federal requirements - Supremacy If any provision of this chapter is determined by the United States government to be in conflict with existing or future requirements of the United States government so as to limit or preclude federal financial participation in medical assistance, the department shall comply with the federal requirements to the extent necessary to obtain federal financial participation and shall not comply with the provisions of this chapter if necessary to avoid a loss of federal financial participation.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t25c16.pdfFetched: 10/16/2026