75-03-44-25. General service provisions.

1. Whether delivered directly or through a designated collaborating organization agreement, the certified clinic is responsible for ensuring access to all care specified in the Protecting Access to Medicare Act of 2014 [Pub. L. No. 113-93], including, as more explicitly provided in sections 75-03-44-27 through 75-03-44-36 the following required services:

a. Crisis services;

b. Screening, assessment, and diagnosis;

c. Person-centered and family-centered treatment planning;

d. Outpatient behavioral health services;

e. Outpatient primary care screening and monitoring;

f. Targeted case management;

g. Psychiatric rehabilitation;

h. Peer, parent, or legal representative supports; and

i. Intensive community-based outpatient behavioral health care for members of the United States armed forces and veterans.

2. The certified clinic shall deliver directly the majority of encounters across the required services, excluding crisis services, rather than through a designated collaborating organization.

3. The certified clinic shall ensure all certified community behavioral health clinic services, if not available directly through the certified clinic, are provided through a designated collaborating organization, consistent with the freedom of choice of the individual to choose appropriate providers within the certified clinic and its designated collaborating organizations, unless limited by federal or state laws or regulations. This subsection does not preclude the certified clinic's use of referrals outside the certified clinic or designated collaborating organization if a needed specialty service is unavailable through the certified clinic or designated collaborating organizations.

4. Regarding certified clinic and designated collaborating organization services, individuals must be informed of and have access to the certified clinic's existing grievance procedures, which must satisfy the minimum requirements of Medicaid and other grievance requirements such as those mandated by relevant accrediting entities or state laws and regulations.

5. Designated collaborating organization-provided services for individuals must meet the same quality standards as those provided by the certified clinic. The entities with which the certified clinic coordinates care and all designated collaborating organizations, taken in conjunction with the certified clinic itself, shall satisfy the mandatory aspects of this chapter.

History: Effective April 1, 2026.

General Authority: NDCC 50-06-05.2, 50-06-41.4