# Title 75 — Department of Human Services

## Article 75-02 — Economic Assistance

## Chapter 75-02-13 — Family Paid Caregiver Program

### § 75-02-13-01. Definitions.

1. "Applicant" means an individual seeking services under this chapter.
2. "Application" means a request in the form and manner prescribed by the department signed
by an applicant or by a legally responsible individual on behalf of the applicant.
3. "Department" means the department of health and human services.
4. "Extraordinary care" means care exceeding the range of activities that a legally responsible
individual would ordinarily perform in the household on behalf of the applicant or eligible
participant without extraordinary medical or behavioral needs and is necessary to assure the
health and welfare and to avoid institutionalization of the applicant or eligible participant in
need of care.
5. "Family caregiver" means a legally responsible individual who lives with and provides daily
care to an eligible participant.
6. "Legally responsible individual" means an individual who has a duty under law to care for the
applicant or eligible participant, including a biological or adoptive parent, nonentity custodian,
guardian, or a spouse.
7. "Medicaid 1915(c) waiver" means the approved autism spectrum disorder waiver, medically
fragile waiver, children's hospice waiver, or traditional individuals with intellectual disabilities
and developmental disabilities home and community-based services waiver.
History: Effective April 1, 2024.
General Authority: NDCC 50-24.1-47
Law Implemented: NDCC 50-24.1-47
### § 75-02-13-02. Application - Eligibility.

1. An applicant or legally responsible individual may apply to the department to participate in the
family paid caregiver program.
2. A completed application must be submitted to the department upon initial application and
annually thereafter.
3. The date of application is the date a completed application is received by the department.
4. The department may declare an application withdrawn if the applicant or legally responsible
individual fails to submit all required documentation or information within thirty days of the
department's notification to the applicant or legally responsible individual that the application is
incomplete.
5. An applicant is eligible to become an eligible participant if all the following conditions are met:
a. The applicant is enrolled in a Medicaid 1915(c) waiver;

b. The applicant's support needs are not otherwise compensated for through other services
available through a Medicaid 1915(c) waiver or Medicaid state plan;
c. The applicant's assessed needs meet extraordinary care; and
d. The requirements of section 75-02-13-03 are met.
History: Effective April 1, 2024.
General Authority: NDCC 50-24.1-47
Law Implemented: NDCC 50-24.1-47
### § 75-02-13-03. Administration.

1. Eligible participants supported under this chapter may not exceed the limits of legislative
appropriations for the family paid caregiver program.
2. The department shall review completed applications in the order received and shall only
approve applications within the limits of legislative appropriations for the family paid caregiver
program.
3. Upon review of the application, the department shall request that the applicant or legally
responsible individual complete the department-approved assessment to determine if the
applicant meets the extraordinary care requirement.
4. Upon approval of application, the department shall issue an authorization not to exceed
six months. The department may reissue an authorization for an additional six months.
5. The family caregiver shall attest annually the family caregiver will not seek reimbursement for
extraordinary care through the family caregiver service pilot program on days when other
1915(c) waiver services are paid by the department.
6. The department shall conduct face-to-face visits in the eligible participant's home at a
minimum of every six months.
7. If the family caregiver has not submitted a request for payment for thirty calendar days, the
department shall inform the eligible participant or legally responsible individual that if an
additional thirty calendar days pass without a request for payment, the service may be
terminated due to inactivity.
8. The department shall deny an application if approval would exceed the limits of legislative
appropriations for the family paid caregiver program or if the applicant does not meet the
eligibility requirements pursuant to section 75-02-13-02. The department shall terminate an
authorization if the funding awarded is exhausted or due to inactivity. The department shall
revoke an authorization if the eligible participant is no longer eligible pursuant to section
9. Funds are not available until the department approves the application and issues an
authorization.
History: Effective April 1, 2024; amended effective January 1, 2026.
General Authority: NDCC 50-24.1-47
Law Implemented: NDCC 50-24.1-47
### § 75-02-13-04. Denials - Revocations - Terminations - Appeals.

1. The department shall issue a written notice to an applicant, eligible participant, or a legally
responsible individual if the department denies, revokes, or terminates.

2. The department shall include the reason for the denial, revocation, or termination and shall
inform the applicant, eligible participant, or legally responsible individual of the right to appeal
the denial, revocation, or termination, if applicable.
3. An application may be denied, revoked, or terminated under the terms and conditions of this
chapter or North Dakota Century Code section 50-24.1-47.
4. An applicant, eligible participant, or legally responsible individual may appeal a denial,
revocation, or termination of an application or authorization under this chapter. An appeal
under this section must be made in writing within thirty days of the date of the notice issued
under this section. The applicant, eligible participant, or legally responsible individual shall
submit the written request for an appeal and hearing under chapter 75-01-03 and North
Dakota Century Code chapter 28-32 to the appeals supervisor for the department.
5. An applicant, eligible participant, or legally responsible individual may not appeal:
a. A denial, revocation, termination, or reduction in payment resulting from exhausting or
exceeding the limits of legislative appropriations for the family paid caregiver program;
b. A denial, revocation, or termination of an application or authorization under this chapter if
the applicant is no longer eligible for a Medicaid 1915(c) waiver at the time of the denial,
revocation, or termination;
c. If the family caregiver is not a legally responsible individual who lives with and provides
daily care to an eligible participant; or
d. An application that has been withdrawn.
6. A family caregiver is not entitled to payment upon notice of revocation or termination to the
eligible participant or legally responsible individual or during an appeal.
History: Effective April 1, 2024; amended effective January 1, 2026.
General Authority: NDCC 50-24.1-47
Law Implemented: NDCC 50-24.1-47
