Section 75-04-01-20 - Applicant guarantees and assurances1. Applicants shall submit, in a manner prescribed by the department, evidence that policies and procedures approved by the governing body are written and implemented in a manner which:a. Guarantees each client a person-centered service plan pursuant to the provisions of North Dakota Century Code section 25-01.2-14;b. Guarantees that each client, client-authorized representative, or advocate receives written notice of the client's rights in the manner provided by North Dakota Century Code section 25-01.2-16;c. Guarantees that each client admission is subject to a multidisciplinary determination that placement is appropriate pursuant to North Dakota Century Code section 25-01.2-02;d. Guarantees the client the right to receive authorized services and supports included in his or her person-centered service plan in a timely manner and the opportunity to fully participate in the benefits of community living, vote, worship, interact socially, freely communicate and receive guests, own and use personal property, unrestricted access to legal counsel, and guarantees that all rules regarding such conduct are posted or made available pursuant to North Dakota Century Code sections 25-01.2-03, 25-01.2-04, and 25-01.2-05;e. Guarantees that such restrictions as may be imposed upon a client relate solely to capability and are imposed pursuant to the provisions of a person-centered service plan;f. Guarantees the confidentiality of all client records;g. Guarantees that the client receives adequate remuneration for compensable labor, that subminimum wages are paid only pursuant to title 29 , Code of Federal Regulations, part 525, et seq., that the client has the right to seek employment in integrated settings, that restrictions upon client access to money are subject to the provisions of a person-centered service plan, that assets managed by the applicant on behalf of the client inure solely to the benefit of that client, that each client has a money management plan or documented evidence of the client's capacity to manage money, and that, in the event the applicant is a representative payee of a client, the informed consent of the client is obtained and documented;h. Guarantees the client access to appropriate and timely medical and dental care and adequate protection from infectious and communicable diseases, and guarantees effective control and administration of medication, as well as prevention of drug use as a substitute for programming;i. Guarantees the client freedom from corporal punishment, imposition of isolation, seclusion, chemical, physical, or mechanical restraint, except as prescribed by North Dakota Century Code section 25-01.2-10 or these rules, and guarantees the client freedom from psychosurgery, sterilization, medical behavioral research, pharmacological research, and electroconvulsive therapy, except as prescribed by North Dakota Century Code sections 25-01.2-09 and 25-01.2-11;j. Guarantees, where applicable, that a nutritious diet, approved by a qualified dietitian, will be provided in sufficient quantities to meet the client's dietary needs;k. Guarantees the client the right to choose and refuse services, who provides the services, the right of the client and the client's representatives to be informed of the possible consequences of the refusal, alternative services available, and specifically, the extent to which such refusal may harm the client or others;l. Assures the client safe and sanitary living and working arrangements and provides for emergencies or disasters and first-aid training for staff;m. Assures the existence and operation of both behavior management and human rights committees;n. Assures that residential provider agency will coordinate with the developmental and remedial services outside the residential setting in which a client lives;o. Assures that adaptive equipment, where appropriate for personal hygiene, self-care, mobility, or communication is provided in the service for use by individuals with disabilities consistent with the person-centered service plan;p. Assures that all service staff demonstrate basic professional competencies as required by their job descriptions and complies with all required trainings, credentialing, and professional development activities;q. Assures that annual evaluations that measure program outcomes against previously stated goals and objectives are conducted;r. Assures that all vehicles transporting clients are subject to routine inspection and maintenance, licensed by the department of transportation, equipped with a first-aid kit and a fire extinguisher, carry no more individuals than the manufacturer's recommended maximum capacity, handicapped accessible, where appropriate, and are driven by individuals who hold a valid state driver's license;s. Assures that an annual inspection with a written report of safety program and practices is conducted in facilities providing day services;t. Guarantees that incidents of alleged abuse , neglect, and exploitation are thoroughly investigated and reported to the governing body, chief executive officer, client-authorized representative, or advocate, the protection and advocacy project, and the department with written records of these proceedings being retained for three years; guarantees that all incidents of restraint utilized to control or modify a client's behavior are recorded and reported to the governing body; guarantees that any incident resulting in injury to the client or agency staff that requires medical attention or hospitalization must be recorded and reported to the governing body immediately, and as soon thereafter as possible to the client-authorized representative or advocate; and guarantees that incidents resulting in injury to the client or agency staff that requires extended hospitalization, endangers life, or results in permanent disability must also be reported to the department immediately; and guarantees that corrective action plans are implemented;u. Guarantees that a grievance procedure, reviewed and approved by the department, affords the client or the client's authorized representative or advocate the right to a fair hearing of any complaint; and guarantees that records of such hearings are maintained and must note therein the complaint, the names of the individuals complaining, and the resolution of the grievance;v. Assures that policies and procedures are established and maintained for the management and maintenance of property and equipment purchased or depreciated with state funds. The applicant shall make the records, and items identified in them, available for inspection by the department, or designee, upon request to facilitate a determination of the adequacy with which the applicant is managing property and equipment;w. Assures that policies and procedures regarding admission to their services and termination of services are in conformance with the rules of the department;x. Assures that all documentation, data reporting requirements, rules, regulations, and policies are conducted as required by the department; andy. Assures that all applicable federal and state laws and regulations are being abided by.2. Accredited applicants shall submit evidence, satisfactory to the department, of accreditation.3. The department shall determine the degree to which the unaccredited applicant's policies and procedures are in compliance with the standards .N.D. Admin Code 75-04-01-20
Effective April 1, 1982; amended effective June 1, 1986; December 1, 1995.Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.Amended by Administrative Rules Supplement 2017-364, April 2017, effective 1/1/2017.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 25-01.2-18, 25-16-06, 50-06-16
Law Implemented: NDCC 25-01.2-18, 25-16-06