N.D. Admin. Code 33-07-05-03
1. "Class I violation" refers to a requirement found out of compliance that immediately jeopardizes the health or safety of one or more residents.
2. "Class II violation" refers to requirement found out of compliance that has the potential for causing a direct and substantial threat to the health, safety, welfare, rights of one or more residents, or unauthorized removal of a posted notice of sanction.
3. "Class III violation" refers to a requirement found to be or to have been out of compliance on consecutive surveys or visits, or failure to inform a caller inquiring about the availability of beds in the facility of the violations that are the subject of an order imposing sanctions.
4. "Department" means the state department of health and consolidated laboratories.
5. "Director" means the director of the division of health facilities of the state department of health and consolidated laboratories, or the director's designee.
6. "Facility" or "nursing facility" means an institution or a distinct part of an institution which:
a. Is primarily engaged in providing to residents:
(1) Skilled nursing care and related services for residents who require medical or nursing care;
(2) Rehabilitation services for the rehabilitation of injured, disabled, or sick persons; or
(3) On a regular basis, health-related care and services to individuals who because of their mental or physical condition require care and services (above the level of basic care) that can be made available to them only through institutional facilities;
b. Is required to have in effect a transfer agreement (meeting the requirements of 42 U.S.C. 1395 x(1) with one or more hospitals having agreements in effect under 42 U.S.C. 1395 cc; and
c. Is required to meet the requirements for a nursing facility described in 42 U.S.C. 1396 r(b), (c), and (d) and North Dakota Century Code section 23-16-01.
7. "Initial deficiency" means the first occurrence of a violation recorded by the survey agency, including violations found during a standard survey, during an extended survey, in response to a complaint investigation visit, or otherwise.
8. "Repeat deficiency" means a violation which is substantially similar to a violation cited within the thirty-six preceding months.
9. "Secretary" means the secretary of the United States department of health and human services.
10. "Survey agency" means the department of health and consolidated laboratories.
N.D. Admin Code 33-07-05-03
General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC 23-16-01, 23-16-11