CHILDREN WITH SPECIAL HEALTH CARE NEEDS CHAPTER 23-41 matter otherwise requires: 23-41-01. Definitions. (Effective through December 31, 2019) In this chapter unless the context or subject matter otherwise requires: 1

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Definitions. (Effective after December 31, 2019) In this chapter unless the context or subject "County agency" means the county social service boards in this state

"Department" means the state department of health

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"Department" means the state department of health

"Human service zone" means a county or consolidated group of counties administering human services within a designated area in accordance with an agreement or plan approved by the department of human services

"Human services" means: a

A service or assistance provided to an individual or an individual's family in need of services or assistance, including child welfare services, economic assistance programs, medical service programs, and aging service programs, to assist the individual or the individual's family in achieving and maintaining basic self-sufficiency, including physical health, mental health, education, welfare, food and nutrition, and housing

A service or assistance provided, administered, or supervised by the department of human services in accordance with chapter 50-06

Licensing duties as administered or supervised by the department of human services or delegated by the department of human services to a human service zone

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23-41-02. Administration of services for children with special health care needs

Services for children with special health care needs must be administered by the department in conformity with title 5, part 2, of the federal Social Security Act, as amended through July 1, 2007 [Pub. L. 74-271; 49 Stat. 620; 42 U.S.C. 701 et seq.]

23-41-03. Duties of the department

The department, in administering this chapter, shall: 1. Cooperate with the federal government in the development of plans and policies for 2

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services for children with special health care needs

Adopt rules and take any necessary action to entitle the state to receive aid from the federal government for services for children with special health care needs in conformity with title 5, part 2, of the federal Social Security Act and its amendments

Take action, give directions, and adopt rules to carry out the provisions of this chapter, including the adoption and application of suitable standards and procedures to ensure uniform and equitable treatment of all applicants for services for children with special health care needs

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4. Cooperate with the federal government in matters of mutual concern pertaining to services to children with special health care needs, including the adoption of methods of administration found necessary by the federal government for the efficient operation of the plan for assistance

Provide necessary qualified employees and representatives

Establish and enforce a merit system as may be required under the federal Social Security Act, as amended through July 1, 2007 [Pub. L. 74-271; 49 Stat. 620; 42 U.S.C. 701 et seq.]

7. Make reports in the form and containing the information the federal government requires and comply with the provisions, rules, and regulations the federal government makes to assure the correctness and verification of a report

Publish a biennial report and any interim reports necessary

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Provide medical food and low-protein modified food products to individuals with phenylketonuria or maple syrup urine disease under chapter 25-17

Establish eligibility criteria for services under this chapter at one hundred eighty-five percent of the poverty line, except for criteria relating to Russell-Silver syndrome, phenylketonuria, or maple syrup urine disease treatment services for which income is not to be considered when determining eligibility. For purposes of this chapter, "poverty line" has the same meaning as defined in section 50-29-01

23-41-04. Birth report of child with special health care needs made to department

Within three days after the birth in this state of a child born with a visible congenital deformity, the licensed maternity hospital or home in which the child was born, or the legally qualified physician or other person in attendance at the birth of the child outside of a maternity hospital, shall furnish the department a report concerning the child with the information required by the department

23-41-05. Birth report of child with special health care needs - Use - Confidential

The information contained in the report furnished to the department under section 23-39-04 concerning a child with a visible congenital deformity may be used by the department for the care and treatment of the child pursuant to this chapter. The report is confidential and is solely for the use of the department in the performance of its duties. The report is not open to public inspection nor considered a public record

23-41-06. Duties of county agencies. (Effective through December 31, 2019) A county agency shall: 1. Cooperate with the department in administering this chapter in its county subject to rules adopted by the department

2. Make surveys and reports regarding children with special health care needs in the various counties to the department when the department directs and in the way the department directs

Provide for the transportation of a child with special health care needs to a clinic for medical examination and to a hospital or a clinic for treatment

Duties of human service zones. (Effective after December 31, 2019) A human service zone 3

1. Cooperate with the department in administering this chapter in its human service zone, subject to rules adopted by the state health council

2. Make surveys and reports regarding children with special health care needs in the various counties to the department when the department directs and in the way the department directs

Provide for the transportation of a child with special health care needs to a clinic for medical examination and to a hospital or a clinic for treatment

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shall: 23-41-07. Russell-Silver syndrome - Services - Definitions

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The department shall provide payment of a maximum of fifty thousand dollars per child per biennium for medical food and growth hormone treatment at no cost to individuals through age eighteen who have been diagnosed with Russell-Silver syndrome, regardless of income. If the department provides an individual with services under this section, the department may seek reimbursement from any governmental program that provides coverage to that individual for the services provided. The parent of an individual receiving services under this section shall obtain any health insurance available to the parent on a group basis or through an employer or union, and that insurance must be the primary payer before payment under this program

For purposes of this section: a

"Growth hormone treatment" means a drug prescribed by a physician or other licensed practitioner for the long-term treatment of growth failure, the supplies necessary to administer the drug, one out-of-state physician visit per year to 2

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obtain expert consultation for the management of Russell-Silver syndrome, appropriate in-state physician visits, and the travel expenses associated with physician visits for the child and one parent

"Medical food" means a formula that is intended for the dietary treatment of a disease or condition for which nutritional requirements are established by medical evaluation and is formulated to be consumed or administered under the direction of a physician as well as any medical procedure and supplies necessary for assimilation of the formula

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