1. 1. A respite care provider in a facility:

1. a. Must be eighteen years of age or older;

2. b. May not be a resident;

3. c. Must possess qualifications of a provider specified in subsections 1 and 2 of section 75-03-21-08 excluding subdivision b of subsection 1 of section 75-03-21-08; and

4. d. Successfully shall complete criminal background check requirements specified in North Dakota Century Code sections 50-11-02.4, 50-11-06.8, and 50-11-06.9. If the respite care provider in a facility's enrollment as a qualified service provider lapses for more than thirty days, the criminal background check must be repeated if the individual reapplies for enrollment as a qualified service provider after the lapse.

2. 2. The provider is responsible for the care of residents at all times, including if the duties or tasks of furnishing care have been delegated to a respite care provider in a facility.

3. 3. Residents whose care is being paid by the state, in whole or in part, only may receive paid or informal respite care from a respite care provider in a facility. If respite care services exceed the state funding cap, a facility may use a qualified respite care provider in a facility at the facility's expense up to the permitted days set forth in subsection 5, if the following requirements are met:

1. a. The additional respite hours must be documented as an informal service on the person-centered service plan;

2. b. The provider or the respite care provider in a facility may not charge the resident or anyone on behalf of the resident for the additional respite hours;

3. c. The provider shall keep records of the dates and time used for all respite care providers in a facility;

4. d. The provider may not bill the daily rate for days during which the provider is gone more than the hours permitted by subsection 5; and

5. e. The respite care provider in a facility shall comply with requirements in section 75-03-21-09 and this section.

4. 4. Respite care providers in a facility may not provide resident care on behalf of a facility for more than one hundred ninety-two calendar days during the twenty-four-month period immediately following the renewal date of the initial license or for more than ninety-six days during the twelve-month period immediately following the date of the issuance of the initial license.

5. 5. For purposes of this section, whenever a respite care provider in a facility provides resident care on behalf of a facility for more than twelve hours during a calendar day, the calendar day must be counted toward:

a. The one hundred ninety-two calendar day or ninety-six calendar day limit a respite care provider in a facility may provide resident care on behalf of a facility; or b. The respite care service funding cap to which a respite care provider in a facility established by the department may provide resident care for each qualifying resident.

6. Employing individuals other than those who meet the definition of respite care provider in a facility to provide services to a resident is prohibited.

History: Effective April 1, 2026.

General Authority: NDCC 50-06-16, 50-11-03

Law Implemented: NDCC 50-11-03, 50-11-03.6