N.D. Admin. Code 75-03-33-01

Current through Supplement No. 394, October, 2024
Section 75-03-33-01 - Definitions

1. "Advisory committee" means a committee established by the department to review loan applications.

2. "Alternative to nursing facility care" means services described in the department's home and community-based service waiver for aged and disabled individuals eligible for medical assistance.

3. "Assisted living facility" has the meaning provided in North Dakota Century Code section 50-24.5-01.

4. "Basic care facility" has the meaning provided in North Dakota Century Code section 23-09.3-01.

5. "Department" means the North Dakota department of human services.

6. "Entity" means a corporation, unincorporated association, business, trust, estate, partnership, state, or two or more individuals having a joint or common economic interest.

7. "Individual eligible for assistance" means an individual who meets the qualifying criteria for participation in programs funded by the department, including the medical assistance program, Medicaid waiver for the aged and disabled, service payments for the elderly and disabled, expanded service payments for the elderly and disabled, and the basic care assistance program.

8. "Medical assistance" means a program established under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.] and North Dakota Century Code chapter 50-24.1.

9. "Nursing facility" has the same meaning as provided in North Dakota Century Code section 50-24.4-01 for the term "nursing home".

10. "Project" means a plan or proposal to renovate a nursing facility, basic care facility, or assisted living facility.

11. "Qualified service provider" means a county agency or independent contractor who has met standards for services and operations established by the department.

12. "Reasonable cost" means the cost that must be incurred by an efficiently and economically operated facility to provide services in conformity with applicable state and federal laws, regulations, and quality and safety standards. Reasonable cost takes into account that the entity seeks to minimize its costs and that its actual costs do not exceed what a prudent and cost-conscious buyer pays for a given item or services.

13. "Related organization" means a close relative or individual or an organization which an entity is, to a significant extent, associated with, affiliated with, able to control, or controlled by, and which furnishes services, facilities, or supplies to the entity. Control exists when an individual or an organization has the power, directly or indirectly, to significantly influence or direct the policies of an organization or entity.

14. "Renovate" means to restore to an earlier condition as by repairing or remodeling.

15. "Unit" means a residential living space for one or more individuals within an assisted living facility.

N.D. Admin Code 75-03-33-01

Effective May 31, 2000; amended effective July 1, 2001.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 50-30-01