Section 75-04-06-02.1 - Criteria for service eligibility - Children age three and above1. An individual is eligible for intellectual disabilities - developmental disabilities program management services if the individual has a diagnosis of intellectual disability which is severe enough to constitute a developmental disability. a. A diagnosis of the condition of intellectual disability must be made by an appropriately licensed professional using diagnostic criteria accepted by the American psychiatric association.b. Determination of whether the manifestation of the condition is severe enough to constitute a developmental disability must be done in accordance with the definition of developmental disability in North Dakota Century Code section 25-01.2-01.2. An individual is eligible for intellectual disabilities - developmental disabilities program management services if the individual has a condition of intellectual disability, diagnosed by an appropriately licensed professional using diagnostic criteria accepted by the American psychiatric association, which is not severe enough to constitute a developmental disability, and the individual must be able to benefit from treatment and services purchased through the developmental disability division on behalf of an individual who meets the criteria of subsection 1. 3. An individual is eligible for intellectual disabilities - developmental disabilities program management services if the individual has a condition, other than mental illness, severe enough to constitute a developmental disability, which results in impairment of general intellectual functioning or adaptive behavior similar to that of an individual with the condition of intellectual disability, and the individual must be able to benefit from services and intervention techniques which are so closely related to those applied to an individual with the condition of intellectual disability that provision is appropriate. Determination of eligibility for individuals described in this subsection requires the application of professional judgment in a two-step process: a. The team must first determine whether the condition is severe enough to constitute a developmental disability. North Dakota Century Code section 25-01.2-01 must be applied in order to determine if a developmental disability is present. The presence of a developmental disability does not establish eligibility for services through the intellectual disabilities - developmental disabilities program management services system, but does require the team to consider all assessment data and apply professional judgment in the second step.b. The team must then determine whether services can be provided to an individual determined to have a condition, other than mental illness, severe enough to constitute a developmental disability. The team must have a thorough knowledge of the condition and service needs of the applicant, as well as a thorough knowledge of services that would be appropriate through the developmental disabilities system. When considering if intellectual disabilities - developmental disabilities program management is appropriate, the team must consider factors, including: (1) Whether the individual would meet criteria appropriately used to determine the need for services in an intermediate care facility for individuals with intellectual disabilities.(2) Whether appropriate services are available in the existing developmental disabilities service delivery system.(3) Whether a service, which uses intervention techniques designed to apply to an individual with intellectual disabilities, delivered by staff trained specifically in the field of intellectual disabilities, would benefit the individual.(4) Whether a service, designed for an individual with the condition of intellectual disability, could be furnished to the individual without any significant detriment to the individual or others receiving the service.c. If the team concludes, through the application of professional judgment, that an individual's needs can be met through specific services purchased by the department for individuals who meet the criteria of subsection 1, an intellectual disabilities - developmental disabilities program manager may be assigned. Services may be provided, subject to the limits of legislative appropriation. New services need not be developed on behalf of the individual.N.D. Admin Code 75-04-06-02.1
Effective January 1, 1997; July 1, 2012.Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.General Authority: NDCC 25-01.2-18, 50-06-16
Law Implemented: NDCC 25-01.2-02, 50-06-05.3