1. An institution for mental diseases is determined by its overall character as that of a facility established and maintained primarily for the care and treatment of individuals with mental diseases.

2. An institution for mental disease consists of more than sixteen beds.

3. Federal financial participation is: a. Not available to individuals under age sixty-five; b. Available to individuals age sixty-five and older; and c. Available to individuals under age twenty-one who have a certification of need.

4. An individual on conditional release or convalescent leave from an institution for mental diseases is not considered to be a patient in that institution for mental diseases. However, an individual who is under age twenty-two and has been receiving inpatient psychiatric services under 42 CFR 440.160 is considered to be a patient in the institution for mental diseases until

unconditionally released or, if earlier, the last day of the month in which the patient reaches age twenty-two.

History: Effective January 1, 2026.

Law Implemented: NDCC 50-24.1-02; 42 CFR 435.1008; 42 CFR 435.1009; 42 CFR 440.160