# Title 50 — Public Welfare

## Chapter 50-24.7 — Expanded Service Payments for Elderly and Disabled

### § 50-24.7-01. Definitions.

In this chapter, unless the context otherwise requires:
1. "Aged" means at least sixty-five years of age.
2. "Blind" has the same meaning as the term has when used by the social security
administration in the supplemental security income program under titles II and XVI of
the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].
3. "Department" means the department of health and human services.
4. "Disabled" has the same meaning as the term has when used by the social security
administration in the supplemental security income program under titles II and XVI of
the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.].
5. "Eligible beneficiary" means a resident of this state who:
a. (1) Is aged; or
(2) Is at least eighteen years of age and is disabled or blind;
b. Has applied for and is eligible to receive benefits under title XIX of the Social
Security Act [42 U.S.C. 1396 et seq.], and who has applied for and is receiving
benefits, if the individual is eligible to receive benefits, under titles II and XVI of
the Social Security Act [42 U.S.C. 401-434 and 42 U.S.C. 1381 et seq.];
c. Based on a functional assessment, is not severely impaired in any of the activities
of daily living of toileting, transferring to or from a bed or chair, or eating and:
(1) Has health, welfare, or safety needs, including a need for supervision or a
structured environment; or
(2) Is impaired in three of the four instrumental activities of daily living of
preparing meals, doing homework, taking medicine, and doing laundry;
d. Has countable income, less the cost of necessary remedial care that may be
provided under this chapter, does not exceed an amount equal to the cash benefit
under titles II and XVI of the Social Security Act [42 U.S.C. 401-434 and
42 U.S.C. 1381 et seq.] which the individual would receive if the individual had no
income, plus the personal needs allowance;
e. Has impairments that are not the result of an intellectual disability; and
f. Is determined to be eligible pursuant to rules adopted by the department.
6. "Family home care" means the provision of room, board, supervisory care, and
personal services to an eligible elderly or disabled person by the spouse or by one of
the following relatives, or the current or former spouse of one of the following relatives,
of the elderly or disabled person: parent, grandparent, adult child, adult sibling, adult
grandchild, adult niece, or adult nephew. The family home care provider need not be
present in the home on a twenty-four-hour basis if the welfare and safety of the client
is maintained.
7. "Human service zone" means a county or consolidated group of counties
administering human services within a designated area in accordance with an
agreement or plan approved by the department.
8. "Qualified service provider" means a human service zone or independent contractor
who agrees to meet standards for services and operations established by the
department.
9. "Remedial care" means services that produce the maximum reduction of an eligible
beneficiary's physical or mental disability and the restoration of an eligible beneficiary
to the beneficiary's best possible functional level.
### § 50-24.7-02. Powers and duties of the department.

1. The department shall administer expanded service payments for elderly and disabled
and supervise and direct human service zones in the administration of expanded
service payments for elderly and disabled.

2. The department shall pay qualified service providers at rates determined by the
department, within limits of legislative appropriation, for the provision of the following
services provided to eligible individuals:
a. Adult day care;
b. Adult family foster care;
c. Case management;
d. Chore services;
e. Family home care;
f. Homemaker services;
g. Nonmedical transportation;
h. Respite care; and
i. Other services the department determines to be essential and appropriate to
sustain an individual in the individual's home and community and to delay or
prevent institutional care.
3. The department shall take actions, give directions, and adopt rules as necessary to
carry out the provisions of this chapter.
4. An overpayment, whether resulting from an eligible beneficiary's or eligible
beneficiary's legal representative's concealment, misrepresentation, or fraud, or from
assistance granted pending a decision on an appeal adverse to the appellant, and
whenever made, is subject to recovery by the department. An overpayment may be
collected from any person that benefited from, or that was responsible for, the
overpayment. A statute of limitations or similar statute or the doctrine of laches does
not bar a claim under this chapter.
### § 50-24.7-03. Powers and duties of human service zone.

Each human service zone, unless otherwise directed or determined by the department,
shall:
1. Administer expanded service payments for elderly and disabled at the human service
zone level under the direction and supervision of the department, pursuant to state
requirements.
2. Provide the services described in this chapter. The human service zone may contract
with a qualified service provider in the provision of those services.
3. Determine eligibility for benefits under this chapter and periodically redetermine
eligibility of persons receiving benefits pursuant to this chapter.
4. Provide case management services to eligible beneficiaries.
5. Conduct initial and ongoing functional assessments of applicants.
### § 50-24.7-04. Applicant's or guardian's duty to establish eligibility.

The applicant or guardian of the applicant shall provide information sufficient to establish
eligibility for benefits, including a social security number and proof of age, identity, residence,
blindness, disability, functional limitation, and financial eligibility for each month for which
benefits are sought.
### § 50-24.7-05. Department has preferred claim against estate.

Funds used to provide services to an eligible beneficiary may not be considered as gifts.
The department has a preferred claim against the estate of any person for recovery of funds
expended under this chapter for that person or that person's spouse or minor children. No
statute of limitations or similar statute nor the doctrine of laches bars a claim under this chapter.
### § 50-24.7-06. Responsibility for expenditures.

Expenditures required under this chapter are the responsibility of the state of North Dakota.
### § 50-24.7-07. Expanded service payments for elderly and disabled - Independent home

and community-based services case manager - Pilot program.
Expired under S.L. 2013, ch. 374, § 4.

### § 50-24.7-08. Intensive care coordination - Pilot project.

The department may establish an intensive care coordination pilot project under the home
and community-based service options for older adults and individuals with physical disabilities.
