75-02-13-01. Definitions.

1. "Applicant" means an individual seeking services under this chapter.

2. "Application" means a request in the form and manner prescribed by the department signed by an applicant or by a legally responsible individual on behalf of the applicant.

3. "Assessment" means the tool used by the family paid caregiver program to determine when an applicant needs extraordinary care considering the unique needs and circumstances of an applicant, including age, community living skills, social and communication skills, medication needs, medical needs, specialized physical and therapeutic needs, and maladaptive issues.

4. "Department" means the department of health and human services.

5. "Extraordinary care" means care determined by the assessment as exceeding the range of activities that a legally responsible individual would ordinarily perform in the household on behalf of the applicant or eligible participant without extraordinary medical or behavioral needs and is necessary to assure the health and welfare and to avoid institutionalization of the applicant or eligible participant in need of care.

6. "Family caregiver" means a legally responsible individual who lives with and provides daily care to an eligible participant.

7. "Legally responsible individual" means an individual who has a duty under law to care for the applicant or eligible participant, including a biological or adoptive parent, nonentity custodian, guardian, or a spouse.

8. "Medicaid 1915(c) waiver" means the approved autism spectrum disorder waiver, medically fragile waiver, children's hospice waiver, or traditional individuals with intellectual disabilities and developmental disabilities home and community-based services waiver.

History: Effective April 1, 2024; amended effective June 29, 2026.

General Authority: NDCC 50-24.1-47

Law Implemented: NDCC 50-24.1-47