EXPANDED SERVICE PAYMENTS FOR ELDERLY AND DISABLED CHAPTER 50-24.7 50-24.7-01. Definitions. (Effective through December 31, 2019) In this chapter, unless the context otherwise requires: 1

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"Aged" means at least sixty-five years of age

"Blind" has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.]

"County agency" means the county social service board

"Department" means the department of human services

"Disabled" has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.]

"Eligible beneficiary" means a resident of this state who: a

Is aged; or Is at least eighteen years of age and is disabled or blind; (1) (2) b. Has applied for and is eligible to receive benefits under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], and who has applied for and is receiving benefits, if the individual is eligible to receive benefits, under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.]; Based on a functional assessment, is not severely impaired in any of the activities of daily living of toileting, transferring to or from a bed or chair, or eating and: (1) Has health, welfare, or safety needs, including a need for supervision or a c

(2) structured environment; or Is impaired in three of the four instrumental activities of daily living of preparing meals, doing homework, taking medicine, and doing laundry; d. Has countable income, less the cost of necessary remedial care that may be provided under this chapter, does not exceed an amount equal to the cash benefit under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.] which the individual would receive if the individual had no income, plus the personal needs allowance; Is determined to be eligible pursuant to rules adopted by the department

e. Has impairments that are not the result of an intellectual disability; and f

"Family home care" means the provision of room, board, supervisory care, and personal services to an eligible elderly or disabled person by the spouse or by one of the following relatives, or the current or former spouse of one of the following relatives, of the elderly or disabled person: parent, grandparent, adult child, adult sibling, adult grandchild, adult niece, or adult nephew. The family home care provider need not be present in the home on a twenty-four-hour basis if the welfare and safety of the client is maintained

"Qualified service provider" means a county agency or independent contractor who agrees to meet standards for services and operations established by the department

"Remedial care" means services that produce the maximum reduction of an eligible beneficiary's physical or mental disability and the restoration of an eligible beneficiary to the beneficiary's best possible functional level

Definitions. (Effective after December 31, 2019) In this chapter, unless the context otherwise requires: "Aged" means at least sixty-five years of age

"Blind" has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.]

"Department" means the department of human services

"Disabled" has the same meaning as the term has when used by the social security administration in the supplemental security income program under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.]

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"Eligible beneficiary" means a resident of this state who: a

Is aged; or Is at least eighteen years of age and is disabled or blind; (1) (2) b. Has applied for and is eligible to receive benefits under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], and who has applied for and is receiving benefits, if the individual is eligible to receive benefits, under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.]; Based on a functional assessment, is not severely impaired in any of the activities of daily living of toileting, transferring to or from a bed or chair, or eating and: (1) Has health, welfare, or safety needs, including a need for supervision or a c

(2) structured environment; or Is impaired in three of the four instrumental activities of daily living of preparing meals, doing homework, taking medicine, and doing laundry; d. Has countable income, less the cost of necessary remedial care that may be provided under this chapter, does not exceed an amount equal to the cash benefit under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.] which the individual would receive if the individual had no income, plus the personal needs allowance; Is determined to be eligible pursuant to rules adopted by the department

e. Has impairments that are not the result of an intellectual disability; and f

"Family home care" means the provision of room, board, supervisory care, and personal services to an eligible elderly or disabled person by the spouse or by one of the following relatives, or the current or former spouse of one of the following relatives, of the elderly or disabled person: parent, grandparent, adult child, adult sibling, adult grandchild, adult niece, or adult nephew. The family home care provider need not be present in the home on a twenty-four-hour basis if the welfare and safety of the client is maintained

"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

"Qualified service provider" means a human service zone or independent contractor who agrees to meet standards for services and operations established by the department

"Remedial care" means services that produce the maximum reduction of an eligible beneficiary's physical or mental disability and the restoration of an eligible beneficiary to the beneficiary's best possible functional level

50-24.7-02. Powers and duties of the department. (Effective through December 31, Adult day care; Adult family foster care; The department shall administer expanded service payments for elderly and disabled and supervise and direct county agencies in the administration of expanded service payments for elderly and disabled

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: a

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c. Case management; d. Chore services; e

f. Homemaker services; g. Nonmedical transportation; h. Respite care; and 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

Family home care; Page No. 2 2019) 1

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The department shall take actions, give directions, and adopt rules as necessary to carry out the provisions of this chapter

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

Powers and duties of the department. (Effective after December 31, 2019) 1

Adult day care; Adult family foster care; 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

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: a

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c. Case management; d. Chore services; e

f. Homemaker services; g. Nonmedical transportation; h. Respite care; and 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

Family home care; The department shall take actions, give directions, and adopt rules as necessary to carry out the provisions of this chapter

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

50-24.7-03. Powers and duties of county agency. (Effective through December 31, 2019) Each county agency shall: 1

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Administer expanded service payments for elderly and disabled at the county level under the direction and supervision of the department, pursuant to state requirements

Provide the services described in this chapter. The county agency may contract with a qualified service provider in the provision of those services

3. Determine eligibility for benefits under this chapter and periodically redetermine eligibility of persons receiving benefits pursuant to this chapter

Provide case management services to eligible beneficiaries

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5. Conduct initial and ongoing functional assessments of applicants

Powers and duties of human service zone. (Effective after December 31, 2019) Each human service zone, unless otherwise directed or determined by the department, shall: 1

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Administer expanded service payments for elderly and disabled at the human service zone level under the direction and supervision of the department, pursuant to state requirements

Provide the services described in this chapter. The human service zone may contract with a qualified service provider in the provision of those services

Page No. 3 3. Determine eligibility for benefits under this chapter and periodically redetermine eligibility of persons receiving benefits pursuant to this chapter

Provide case management services to eligible beneficiaries

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5. Conduct initial and ongoing functional assessments of applicants

50-24.7-04. Applicant's or guardian's duty to establish eligibility. The applicant or guardian of the applicant shall provide information sufficient to establish eligibility for benefits, including a social security number and proof of age, identity, residence, blindness, disability, functional limitation, and financial eligibility for each month for which benefits are sought

50-24.7-05. Department has preferred claim against estate

Funds used to provide services to an eligible beneficiary may not be considered as gifts. The department has a preferred claim against the estate of any person for recovery of funds expended under this chapter for that person or that person's spouse or minor children. No statute of limitations or similar statute nor the doctrine of laches bars a claim under this chapter

50-24.7-06. Responsibility for expenditures. (Effective through December 31, 2019) Except as otherwise specifically provided in section 50-03-08, expenditures required under this chapter are the responsibility of the state of North Dakota

Responsibility for expenditures. (Effective after December 31, 2019) Expenditures required under this chapter are the responsibility of the state of North Dakota

50-24.7-07. Expanded service payments for elderly and disabled - Independent home and community-based services case manager - Pilot program

Expired under S.L. 2013, ch. 374, ยง 4

50-24.7-08. Intensive care coordination - Pilot project

The department may establish an intensive care coordination pilot project under the home and community-based service options for older adults and individuals with physical disabilities

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