The department will work with public and private entities in
identifying target population members in order to inform them about home and
community-based service options. A public or private entity may not require
target population members and their guardians or legal representatives to
consent to the referral or sign a release of information before a referral is
made. However, target population members and their guardians or legal
representatives may refuse to participate in the informed consent process. The
target population is comprised of:
1.
Individuals with physical disabilities who are at serious risk of entering
nursing facilities to access Medicaid-funded long-term care composed of
individuals with physical disabilities who:
a.
Have been referred for a level of care determination screening to access
nursing facility services and are likely to require long-term services and
supports;
b. Need services to
continue living in the community, have impairments that make them likely to
screen at a nursing facility level of care, and have been determined eligible
for service payments for the elderly and disabled with less than twenty-five
thousand dollars in assets; or
c.
Need home and community-based services to continue living in the community and
currently have a case management provider or have contacted the North Dakota
aging and disability resource link; and
2. Individuals with physical disabilities
who:
a. Are receiving Medicaid-funded nursing
facility services and are likely to require long-term services and supports;
or
b. Are receiving nursing
facility services, are likely to become eligible for Medicaid within ninety
days, have submitted a Medicaid application, and seeking approval for a
long-term nursing facility stay.
Notes
N.D. Admin Code
75-02-02.4-02
Adopted by
Administrative
Rules Supplement 2020-379, January 2021, effective
1/1/2021.
General Authority: NDCC 50-06-16,
50-06.2-03(6)
Law Implemented:
S.L.
2019, ch. 37,
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