Section 92-01-02-29.4 - Home modifications1. An injured employee must obtain a primary health care provider's order of medical necessity supported by objective medical findings before the payment for home modifications can be approved. The primary health care provider's orders must contain the following: b. Date of patient's face-to-face examination;c. Pertinent diagnosis or conditions that relate to the need for device or modification;d. Description of what is ordered;f. Primary health care provider's signature; and g. Date of primary health care provider's signature.2. The organization may require assessments to determine the functional levels of an injured worker who is being considered for home modifications and to determine what modifications are medically necessary.3. A minimum of two itemized cost quotes may be requested by the organization. The organization may decrease or add the number of cost quotes needed accordingly.4. Actual construction or modification cannot occur until the organization reviews the request and issues recommendations or decisions as to eligibility for the benefit.5. Cost quotes must be itemized.6. Payment by the organization may not occur until the modification work is completed, or at least, completed in documented phases or at the discretion of the organization.7. The organization may request that the contractor for proposed home modification be in good standing (example: licensed in the state, bonded, etc.)8. Real estate modifications to driveways, sidewalks, or passageways may only be approved if evidence supports that those routes are needed to provide safe passageway for the injured worker.9. Any appeal of a decision under this section shall be adjudicated pursuant to North Dakota Century Code section 65-02-20.10. Modifications will only be considered upon receipt of documentation establishing injured employee's ownership of the residence to be permanently modified.11. Modifications within new construction will be considered upon receipt of the original floor plan/specifications and cost estimate, as well as the modified floor plan and cost estimate.N.D. Admin Code 92-01-02-29.4
Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .Amended by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.Amended by Administrative Rules Supplement 2017-365, July 2017, effective 7/1/2017.Amended by Administrative Rules Supplement 376, April 2020, effective 4/1/2020.General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-05-07