75-04-01-20. Applicant guarantees and assurances.

1. Applicants shall submit, in a manner prescribed by the department, evidence that policies and procedures approved by the governing body are written and implemented in a manner which: a. Guarantees each eligible individual a person-centered service plan pursuant to the provisions of North Dakota Century Code section 25-01.2-14; b. Guarantees each eligible individual, authorized representative, or advocate receives written notice of the eligible individual's rights in the manner provided by North Dakota Century Code section 25-01.2-16; c. Guarantees each eligible individual has a right to appropriate treatment, services, and habilitation and these are provided in the least restrictive appropriate setting pursuant to North Dakota Century Code section 25-01.2-02; d. Guarantees the eligible individual the right to receive authorized services and supports included in his or her person-centered service plan in a timely manner and the opportunity to fully participate in the benefits of community living, vote, worship, socialize, freely communicate, have visitors, own and use personal property, and unrestricted access to legal counsel, and guarantees that all rules regarding such conduct are posted or made available pursuant to North Dakota Century Code sections 25-01.2-03, 25-01.2-04, and 25-01.2-05; e. Guarantees any restrictions implemented are based upon an eligible individual's assessed need and are imposed pursuant to the provisions of due process and a person-centered service plan; f. Guarantees the confidentiality of all eligible individual records;

g. Guarantees the eligible individual receives adequate remuneration for compensable labor, that subminimum wages are paid only pursuant to title 29, Code of Federal Regulations, part 525, et seq., that the eligible individual has the right to seek meaningful employment in integrated settings, that restrictions upon eligible individual access to money are subject to the provisions of a person-centered service plan, that assets managed by the applicant on behalf of the eligible individual inure solely to the benefit of that eligible individual, that each eligible individual is assessed on the individual's ability to manage the individual's finances, and that, in the event the applicant or licensee is a representative payee of an eligible individual, the informed consent of the eligible individual is obtained and documented;

h. Guarantees the eligible individual timely access to preferred and qualified medical and dental services, adequate protection from infectious and communicable diseases, and receives safe and effective administration of medications, as well as prevention of drug use as a substitute for programming;

i. Guarantees the eligible individual freedom from corporal punishment, imposition of isolation, seclusion, chemical, physical, or mechanical restraint, except as prescribed by North Dakota Century Code section 25-01.2-10 or this chapter, and guarantees the eligible individual freedom from psychosurgery, sterilization, medical behavioral research, pharmacological research, and electroconvulsive therapy, except as prescribed by North Dakota Century Code sections 25-01.2-09 and 25-01.2-11;

j. Guarantees, where applicable, a nutritious diet, approved by a qualified dietitian, will be provided in sufficient quantities to meet the eligible individual's dietary needs and preferences;

k. Guarantees the eligible individual the right to choose and refuse services, who provides the services, the right of the eligible individual and the eligible individual's representatives to be informed of the possible consequences of the refusal, alternative services available, and specifically, the extent to which such refusal may impact the eligible individual or others;

l. Assures the eligible individual safe and sanitary living and working arrangements and provides for emergencies or disasters and first-aid training for staff;

m. Assures the existence and operation of both behavior management and human rights committees;

n. Assures the residential provider agency will coordinate with services outside the residential setting in which an eligible individual lives;

o. Assures adaptive equipment, where appropriate for mobility, activities of daily living, or communication is provided consistent with the person-centered service plan;

p. Assures all staff demonstrate basic professional competencies as required by their job descriptions and complies with all required trainings, credentialing, and professional development activities;

q. Assures at least annually, outcomes are evaluated to determine whether an eligible individual is achieving the individual's goals and objectives;

r. Assures all vehicles providing transportation to eligible individuals are routinely inspected and maintained, licensed by the department of transportation, transport no more individuals than the manufacturer's recommended maximum capacity, handicapped accessible, where appropriate, and are driven by individuals who hold a valid state

driver's license. Additionally, all vehicles owned by the licensee must be equipped with a first-aid kit and a fire extinguisher;

1. s. Assures an annual inspection is conducted to ensure environments are sanitary and hazard free;
2. t. Guarantees incidents of alleged abuse, neglect, and exploitation are thoroughly investigated and reported to the governing body, chief executive officer, authorized representative, or advocate, the protection and advocacy project, and the department with written records of these proceedings being retained for three years; guarantees that all incidents of restraint utilized to control or modify an eligible individual's behavior are recorded and reported to the governing body; guarantees any incident resulting in injury to the eligible individual or staff that requires medical attention or hospitalization must be recorded and reported to the governing body immediately, and as soon thereafter as possible to the authorized representative or advocate; and guarantees incidents resulting in injury to the eligible individual or staff that requires extended hospitalization, endangers life, or results in permanent disability must also be reported to the department immediately; and guarantees corrective action plans are implemented;
3. u. Guarantees a grievance procedure, reviewed and approved by the department, affords the eligible individual or the authorized representative or advocate the right to have any grievance addressed; and guarantees that grievance records are maintained and must note the nature of the grievance, individuals submitting the grievance, and the resolution of the grievance;
4. v. Assures policies and procedures are established and maintained for the management and maintenance of property and equipment purchased or depreciated with state funds. The applicant shall make the records, and items identified in them, available for inspection by the department, or designee, upon request to facilitate a determination of the adequacy with which the applicant is managing property and equipment;
5. w. Assures policies and procedures regarding admission to their services and termination of services are in conformance with the rules of the department;
6. x. Assures all documentation, data reporting requirements, rules, regulations, and policies are conducted as required by the department; and
7. y. Assures all applicable federal and state laws and regulations are being abided by.

2. Licensees shall submit evidence, satisfactory to the department, of accreditation.

3. The department shall determine the degree to which the unaccredited applicant's policies and procedures are in compliance with the standards.

History: Effective April 1, 1982; amended effective June 1, 1986; December 1, 1995; April 1, 2018; January 1, 2025.

Law Implemented: NDCC 25-01.2-02, 25-01.2-03, 25-01.2-04, 25-01.2-05, 25-01.2-06, 25-01.2-07, 25-01.2-09, 25-01.2-10, 25-01.2-11, 25-01.2-14, 25-01.2-16, 25-01.2-18, 25-16-06