2016 North Dakota Century Code Title 25 Mental and Physical Illness or Disability Chapter 25-18 Fee for Service Ratesetting for Developmentally Disabled Facilities
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CHAPTER 25-18
FEE FOR SERVICE RATESETTING FOR DEVELOPMENTALLY
DISABLED FACILITIES
25-18-01. Definitions.
In this chapter, unless the context or subject matter otherwise requires:
1. "Department" means the department of human services.
2. "Treatment or care center" means an entity providing services to individuals with
developmental disabilities and licensed by the department as an intermediate care
facility for individuals with intellectual disabilities as defined in section 1905(d) of the
Social Security Act [42 U.S.C. 1396d(d)]; group home; or a provider of day supports,
supported living arrangement, extended services, or infant development services.
25-18-02. Workgroup - Membership - Facilitator.
Repealed by S.L. 2005, ch. 252, § 4.
25-18-03. Purchase of services.
The department may purchase, from funds appropriated to it for that purpose, residential
care, custody, treatment, training, and education for individuals with developmental disabilities
from any treatment or care center licensed in this state.
25-18-04. Fee-for-service system - Fee determination.
Repealed by S.L. 2005, ch. 252, § 4.
25-18-05. Limitation on owner compensation for services provided.
For-profit treatment or care centers may compensate working owners and their families for
time worked on behalf of the treatment or care center. The amount of total annual compensation
allowed for an owner acting in an executive or administrative capacity must be limited as
follows:
Number of clients served:
Compensation limit:
1 - 15
$25,000
16 - 30
$35,000
31 - 45
$45,000
46+
$50,000
The limits in this section are intended to be the total compensation allowed by this state in any
one year regardless of the number of owners performing work for the treatment or care center. A
proration of the total compensation for owners who perform services in this state and who
perform services in other states must be made on the basis of individual time distribution
records. For family members working in direct care, housekeeping, maintenance, dietary, or
clerical positions, wages are limited to the wage paid to any nonrelated employee, with the
same qualifications and experience, working in a similar job function for that treatment or care
center. The allowable compensation limit is inclusive of all salaries and related fringe benefits
and may not be construed to be an addition or enhancement to the rate payable to a treatment
or care center.
25-18-06. Extraordinary client needs - Effect on fee.
Repealed by S.L. 2005, ch. 252, § 4.
25-18-07. Trust fund.
Repealed by S.L. 2005, ch. 252, § 4.
25-18-08. Transition to establishment of fees.
Repealed by S.L. 2005, ch. 252, § 4.
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25-18-09. Federal requirements - Supremacy.
If any provision of this chapter is determined by the United States government to be in
conflict with existing or future requirements of the United States government so as to limit or
preclude federal financial participation in medical assistance, the department shall comply with
the federal requirements to the extent necessary to obtain federal financial participation and
shall not comply with the provisions of this chapter if necessary to avoid a loss of federal
financial participation.
25-18-10. Exclusion of state-owned or state-operated treatment or care centers.
This chapter does not apply to state-owned or state-operated treatment or care centers.
25-18-11. Rulemaking authority of the department.
Repealed by S.L. 2005, ch. 252, § 4.
25-18-12. Reporting to legislative council.
Repealed by S.L. 2005, ch. 252, § 4.
25-18-13. Treatment or care center budget flexibility.
The department shall allow treatment or care centers to transfer funds received from the
department between budget categories and line items.
25-18-14. Maximum annual return on investment.
Profit-motivated institutions or facilities must be allowed an annual return on investment in
fixed assets related to client care. The maximum return on investment must be established
based upon the existing debt divided by original asset cost and must be determined as follows:
Annual average percentage debt
to annual average assets
Return
51 to 80 percent 2 percent return on original
cost of fixed assets
0 to 50 percent 3 percent return on original
cost of fixed assets
25-18-15. Payment for services to medically fragile children.
The department may consider the unique level of care, the additional cost required to
provide services to medically fragile clients under twenty-one years of age, and the actual and
reasonable cost of providing services to individuals with developmental disabilities when
reimbursing an intermediate care facility for individuals with intellectual disabilities.
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