75-03-23.2-01. Definitions.

1. "Community residence" means a private family home rented or owned by an individual or the individuals family, including an apartment, mobile home, foster home for adults as defined in North Dakota Century Code section 50-11-00.1, or agency foster home for adults as defined in North Dakota Century Code section 50-11-00.1.

2. "Community transition" means a set of activities that assist an eligible individual to move out of an institutional or other provider-operated residential facility setting and receive care in a community residence.

3. "Diversion" means a set of activities that occur before an eligible individual is admitted to an institutional setting or other provider-operated residential facility setting, which seek to provide an appropriate alternative to a nursing facility and meet the individual's needs in the most integrated setting.

4. "Most integrated setting" means a setting that enables individuals with disabilities to interact with nondisabled individuals to the fullest extent possible. The most integrated setting is usually a private residence owned or rented by the individual or the individual's family member in which the individual or their family member has property rights.

5. "Provider-operated residential facilities" means a skilled nursing facility, swing bed, basic care facility, assisted living facility, medical rehabilitation facility, medical hospital, group home setting for individuals with a developmental disability such as an intermediate care facility or developmental disabilities waiver-funded group setting.

6. "Significant disability" means an individual with a physical or mental impairment that substantially limits one or more major life activities with a record of such impairment or who is regarded as having such an impairment.

History: Effective January 1, 2026.

General Authority: NDCC 50-06-05.1, 50-06-16

Law Implemented: NDCC 50-06-05.1