All applicants or recipients who seek nursing care services in nursing facilities, swing-bed facilities, or intermediate care facilities for individuals with intellectual disabilities, or who seek home and community-based services, must demonstrate a medical necessity for the service sought on or prior to admission to a facility, upon application for Medicaid while in a facility, or upon request for home and community-based services. That demonstration must be through the department's established screening process.

History: Effective December 1, 1991; amended effective July 1, 2003; April 1, 2008; October 1, 2010; January 1, 2011; July 1, 2012.

Law Implemented: NDCC 50-24.1-01