2012 North Dakota Century Code Title 50 Public Welfare Chapter 50-24.7 Expanded Service Payments for Elderly and Disabled
Download as PDF
CHAPTER 50-24.7
EXPANDED SERVICE PAYMENTS FOR ELDERLY AND DISABLED
50-24.7-01. Definitions.
In this chapter, unless the context otherwise requires:
1. "Aged" means at least sixty-five years of age.
2. "Blind" has the same meaning as the term has when used by the social security
administration in the supplemental security income program under titles II and XVI of
the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].
3. "County agency" means the county social service board.
4. "Department" means the department of human services.
5. "Disabled" has the same meaning as the term has when used by the social security
administration in the supplemental security income program under titles II and XVI of
the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].
6. "Eligible beneficiary" means a resident of this state who:
a. (1) Is aged; or
(2) Is at least eighteen years of age and is disabled or blind;
b. Has applied for and is eligible to receive benefits under title XIX of the Social
Security Act [42 U.S.C. 1396 et seq.], and who has applied for and is receiving
benefits, if the individual is eligible to receive benefits, under titles II and XVI of
the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.];
c. Based on a functional assessment, is not severely impaired in any of the activities
of daily living of toileting, transferring to or from a bed or chair, or eating and:
(1) Has health, welfare, or safety needs, including a need for supervision or a
structured environment; and
(2) Is impaired in three of the four instrumental activities of daily living of
preparing meals, doing homework, taking medicine, and doing laundry;
d. Has countable income, less the cost of necessary remedial care that may be
provided under this chapter, does not exceed an amount equal to the cash benefit
under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and 42
U.S.C. 1381 et seq.] which the individual would receive if the individual had no
income, plus the personal needs allowance;
e. Has impairments that are not the result of an intellectual disability; and
f. Is determined to be eligible pursuant to rules adopted by the department.
7. "Family home care" means the provision of room, board, supervisory care, and
personal services to an eligible elderly or disabled person by the spouse or by one of
the following relatives, or the current or former spouse of one of the following relatives,
of the elderly or disabled person: parent, grandparent, adult child, adult sibling, adult
grandchild, adult niece, or adult nephew. The family home care provider need not be
present in the home on a twenty-four-hour basis if the welfare and safety of the client
is maintained.
8. "Qualified service provider" means a county agency or independent contractor who
agrees to meet standards for services and operations established by the department.
9. "Remedial care" means services that produce the maximum reduction of an eligible
beneficiary's physical or mental disability and the restoration of an eligible beneficiary
to the beneficiary's best possible functional level.
50-24.7-02. Powers and duties of the department.
The department shall:
1. Administer expanded service payments for elderly and disabled and supervise and
direct county agencies in the administration of expanded service payments for elderly
and disabled.
2. Pay qualified service providers at rates determined by the department, within limits of
legislative appropriation, for the provision of the following services provided to eligible
individuals:
a. Adult day care;
Page No. 1
b.
c.
d.
e.
f.
g.
h.
i.
3.
Adult family foster care;
Case management;
Chore services;
Family home care;
Homemaker services;
Nonmedical transportation;
Respite care; and
Other services the department determines to be essential and appropriate to
sustain an individual in the individual's home and community and to delay or
prevent institutional care.
Take actions, give directions, and adopt rules as necessary to carry out the provisions
of this chapter.
50-24.7-03. Powers and duties of county agency.
Each county agency shall:
1. Administer expanded service payments for the elderly and disabled at the county level
under the direction and supervision of the department, pursuant to state requirements.
2. Provide the services described in this chapter. The county agency may contract with a
qualified service provider in the provision of those services.
3. Determine eligibility for benefits under this chapter and periodically redetermine
eligibility of persons receiving benefits pursuant to this chapter.
4. Provide case management services to eligible beneficiaries.
5. Conduct initial and ongoing functional assessments of applicants.
50-24.7-04. Applicant's or guardian's duty to establish eligibility.
The applicant or guardian of the applicant shall provide information sufficient to establish
eligibility for benefits, including a social security number and proof of age, identity, residence,
blindness, disability, functional limitation, and financial eligibility for each month for which
benefits are sought.
50-24.7-05. Department has preferred claim against estate.
Funds used to provide services to an eligible beneficiary may not be considered as gifts.
The department has a preferred claim against the estate of any person for recovery of funds
expended under this chapter for that person or that person's spouse or minor children. No
statute of limitations or similar statute nor the doctrine of laches bars a claim under this chapter.
50-24.7-06. Responsibility for expenditures.
Except as otherwise specifically provided in section 50-03-08, expenditures required under
this chapter are the responsibility of the state of North Dakota.
Page No. 2
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.