Statutes, codes, and regulations
North Dakota Administrative Code
Title 75 - Department of Human ServicesArticle 75-03 - Community Services
Chapter 75-03-23 - Provision of Home and Community-Based Services Under the Service Payments for Elderly and Disabled Program and the Medicaid Waiver for the Aged and Disabled Program
Section 75-03-23-05 - [Effective 1/1/2025] Services covered under the SPED program - Programmatic criteria

N.D. Admin. Code 75-03-23-05

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Current through Supplement No. 395, January, 2025
Section 75-03-23-05 - [Effective 1/1/2025] Services covered under the SPED program - Programmatic criteria

The department may not include room and board costs in the SPED service payment. The following categories of services are covered under the SPED program and may be provided to an eligible individual:

1. The department may provide adult day care services to an eligible individual:
a. Who requires assistance in activities of daily living or instrumental activities of daily living;
b. Who is able to participate in group activities; and
c. Who, if the eligible individual does not live alone, has a primary caregiver who will benefit from the temporary relief of care giving.
2. The department may provide adult foster care using a licensed adult foster care provider to an eligible individual eighteen years of age or older:
a. Who resides in a licensed adult foster care home;
b. Who requires care or supervision;
c. Who would benefit from a family or shared living environment; and
d. Whose required care does not exceed the capability of the foster care provider.
3. The department may provide chore services to an eligible individual for one-time, intermittent, or occasional activities which would enable the eligible individual to remain in the home. Activities such as heavy housework and periodic cleaning, professional extermination, snow removal, and emergency response systems may be provided. Eligible individuals receiving emergency response services must be cognitively and physically capable of activating the emergency response system. The activity must be the responsibility of the eligible individual and not the responsibility of the landlord.
4. The department may provide environmental modification to an eligible individual:
a. Who owns or rents the home to be modified. If the home is rented the property owner shall approve the modification consistent with the property owner's obligations pursuant to section 804(f)(3)(A) of the Fair Housing Act [42 U.S.C. 3604(f)(3)(A)] before the installation of the environmental modification; and
b. When the modification will enable the eligible individual to complete the eligible individual's own personal care or to receive care and allow the eligible individual to safely stay in the home.
5.
a. The department may provide extended personal care services to an eligible individual who:
(1) Requires skilled or nursing care that requires training by a nurse licensed under North Dakota Century Code chapter 43-12.1; and
(2) Has a cognitive or physical impairment that prevents the eligible individual from completing the required activity.
b. Extended personal care services do not include assistance with activities of daily living or instrumental activities of daily living.
6. The department may provide family home care services to an eligible individual who:
a. Lives in the same residence as the care provider on a twenty-four-hour basis;
b. Agrees to the provision of services by the care provider; and
c. Is the spouse of the care provider or the current or former spouse of one of the following relatives of the eligible individual: parent, grandparent, adult child, adult sibling, adult grandchild, adult niece, or adult nephew.
7. The department may provide home and community-based services case management services to an eligible individual who needs a functional assessment and the coordination of cost-effective delivery issues. A social worker licensed under North Dakota Century Code chapter 43-41 or a registered nurse licensed under North Dakota Century Code chapter 43-12.1 may provide the case management services.
8. The department may provide home-delivered meals to an eligible individual who lives alone and is unable to prepare an adequate meal for themselves, or who lives with an individual who is unable or not available to prepare an adequate meal for the eligible individual.
9. The department may provide homemaker services to an eligible individual who needs assistance with environmental maintenance activities including light housekeeping, laundry, meal planning and preparation, and shopping on an intermittent or occasional basis. The department may pay a provider for laundry, shopping, meal preparation, money management, or communication, if the activity benefits the eligible individual. The department may pay a provider for housekeeping activities involving the eligible individual's personal private space and if the eligible individual is living with an adult, the eligible individual's share of common living space. The homemaker services funding cap applies to a household and may not be exceeded regardless of the number of eligible individuals residing in that household.
10. The department may provide nonmedical transportation services to eligible individuals who are unable to provide their own transportation and need transportation to access essential community services such as grocery stores or pharmacies. "Nonmedical transportation services" are transportation services not related to the receipt of medical care.
11. The department may provide personal care services to an eligible individual who needs help or supervision with personal care activities if:
a. The eligible individual is at least eighteen years of age; and
b. The services are provided in the eligible individual's home or in a provider's home if the provider meets the definition of a relative as defined in subdivision c of subsection 6 of section 75-03-23-05.
12.
a. The department may provide respite care services to an eligible individual in the eligible individual's home, in the provider's home, in a nursing home, in a swing-bed facility, in a basic care facility, or in a hospital, if:
(1) The eligible individual has a full-time primary caregiver;
(2) The eligible individual needs a qualified caregiver or it would be inappropriate to use an unqualified caregiver in the absence of the primary caregiver;
(3) The primary caregiver's need for the relief is intermittent or occasional; and
(4) The primary caregiver's need for relief is not due to the primary caregiver's employment or attendance at school as a part-time or full-time student.
b. An eligible individual who is a resident of an adult foster care may choose a respite provider and is not required to use a relative of the adult foster care provider as the eligible individual's respite provider.
13. The department may provide companionship services up to ten hours per month to eligible individuals who live alone and could benefit from services to help reduce social isolation.
14. The department may provide other services as the department determines appropriate.

N.D. Admin Code 75-03-23-05

Effective June 1, 1995; amended effective January 1, 2009.
Amended by Administrative Rules Supplement 2014-354, October 2014, effective 10/1/2014. .
Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.
Amended byAdministrative Rules Supplement 375, January 2020, effective1/1/2020
Amended by Administrative Rules Supplement 2021-383, January 2022, effective 1/1/2022.
Amended by Administrative Rules Supplement 2023-391, January 2024, effective 1/1/2024.
Amended by Administrative Rules Supplement 2024-395, January 2025, effective 1/1/2025.

General Authority: NDCC 50-06.2-03(6)

Law Implemented: NDCC 50-06.2-01(3), 50-06.2-03(5)