N.D. Cent. Code § 50-24.1-47

Current through 2023 Legislative Sessions

Section 50-24.1-47 - [See note for expiration] Family caregiver service pilot project - Report

1. The department shall establish the family caregiver service pilot project to assist in making payments to a legally responsible individual who provides extraordinary care to an eligible individual who is a participant in the Medicaid 1915(c) waivers, excluding the home and community-based services aged and disabled waiver.

2. The family caregiver service pilot project may include funding for extraordinary care, which means care:

a. Exceeding the range of activities a legally responsible individual would ordinarily perform in the household on behalf of an individual without extraordinary medical or behavioral needs; and

b. Is necessary to assure the health and welfare and avoid institutionalization of the individual in need of care.

3. The department may adopt rules addressing management of the family caregiver service pilot project and establish the eligibility requirements and exclusions for the family caregiver service pilot project. The department shall utilize an assessment of an eligible individual to determine the level of care authorized and to determine the best interests of the individual in need of care. The pilot project may not provide a payment for any care that is otherwise compensated through a Medicaid 1915(c) waiver or the Medicaid state plan.

4. A decision on an application which is issued by the department under this section may be appealed as provided under chapter 28-32. An individual may not appeal a denial, a revocation, a reduction in payment, or the termination of the family caregiver service pilot project administered by the department due to the unavailability of funding received for the purpose of issuing payments as part of the family caregiver service pilot project for the biennium.

5. The department shall provide the legislative management with periodic reports on the impact, usage, and costs associated with the family caregiver service pilot project.

N.D.C.C. § 50-24.1-47

Amended by S.L. 2023, ch. 44 (SB 2012),§ 57, eff. 7/1/2023.

Added by S.L. 2023, ch. 418 (SB 2276),§ 2, eff. 4/1/2024, exp. the date the commissioner of the department of health and human services certifies to the legislative council that an approximate or equivalent family caregiver services program is available through a Medicaid and Medicare-approved home and community-based services waiver..