# Title 23 — Health and Safety

## Chapter 23-41 — Children With Special Health Care Needs

### § 23-41-01. Definitions.

In this chapter unless the context or subject matter otherwise requires:
1. "Department" means the department of health and human services.
2. "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 of human services.
3. "Human services" means:
a. A service or assistance provided to an individual or an individual's family in need
of services or assistance, including child welfare services, economic assistance
programs, medical service programs, and aging service programs, to assist the
individual or the individual's family in achieving and maintaining basic
self-sufficiency, including physical health, mental health, education, welfare, food
and nutrition, and housing.
b. A service or assistance provided, administered, or supervised by the department
in accordance with chapter 50-06.
c. Licensing duties as administered or supervised by the department or delegated
by the department of human services to a human service zone.
### § 23-41-02. Administration of services for children with special health care needs.

Services for children with special health care needs must be administered by the
department in conformity with title 5, part 2, of the federal Social Security Act, as amended
through July 1, 2007 [Pub. L. 74-271; 49 Stat. 620; 42 U.S.C. 701 et seq.].
### § 23-41-03. Duties of the department.

The department, in administering this chapter, shall:
1. Cooperate with the federal government in the development of plans and policies for
services for children with special health care needs.
2. Adopt rules and take any necessary action to entitle the state to receive aid from the
federal government for services for children with special health care needs in
conformity with title 5, part 2, of the federal Social Security Act and its amendments.
3. Take action, give directions, and adopt rules to carry out the provisions of this chapter,
including the adoption and application of suitable standards and procedures to ensure
uniform and equitable treatment of all applicants for services for children with special
health care needs.
4. Cooperate with the federal government in matters of mutual concern pertaining to
services to children with special health care needs, including the adoption of methods
of administration found necessary by the federal government for the efficient operation
of the plan for assistance.
5. Provide necessary qualified employees and representatives.
6. Establish and enforce a merit system as may be required under the federal Social
Security Act, as amended through July 1, 2007 [Pub. L. 74-271; 49 Stat. 620;
42 U.S.C. 701 et seq.].
7. Make reports in the form and containing the information the federal government
requires and comply with the provisions, rules, and regulations the federal government
makes to assure the correctness and verification of a report.
8. Publish a biennial report and any interim reports necessary.
9. Provide medical food and low-protein modified food products to individuals with
phenylketonuria or maple syrup urine disease under chapter 25-17.
10. Establish eligibility criteria for services under this chapter at one hundred eighty-five
percent of the poverty line, except for criteria relating to Russell-Silver syndrome,
phenylketonuria, or maple syrup urine disease treatment services for which income is

not to be considered when determining eligibility. For purposes of this chapter, "poverty
line" has the same meaning as defined in section 50-29-01.
### § 23-41-04. Birth report of child with special health care needs made to department.

Within three days after the birth in this state of a child born with a visible congenital
deformity, the medical hospital in which the child was born, or the legally qualified physician or
other person in attendance at the birth of the child outside of a medical hospital, shall furnish the
department a report concerning the child with the information required by the department.
### § 23-41-05. Birth report of child with special health care needs - Use - Confidential.

The information contained in the report furnished to the department under section 23-39-04
concerning a child with a visible congenital deformity may be used by the department for the
care and treatment of the child pursuant to this chapter. The report is confidential and is solely
for the use of the department in the performance of its duties. The report is not open to public
inspection nor considered a public record.
### § 23-41-06. Duties of human service zones.

A human service zone shall:
1. Cooperate with the department in administering this chapter in its human service zone,
subject to rules adopted by the department.
2. Make surveys and reports regarding children with special health care needs in the
various counties to the department when the department directs and in the way the
department directs.
3. Provide for the transportation of a child with special health care needs to a clinic for
medical examination and to a hospital or a clinic for treatment.
### § 23-41-07. Russell-Silver syndrome - Services - Definitions.

1. The department shall provide payment of a maximum of fifty thousand dollars per child
per biennium for medical food and growth hormone treatment at no cost to individuals
through age eighteen who have been diagnosed with Russell-Silver syndrome,
regardless of income. If the department provides an individual with services under this
section, the department may seek reimbursement from any governmental program
that provides coverage to that individual for the services provided. The parent of an
individual receiving services under this section shall obtain any health insurance
available to the parent on a group basis or through an employer or union, and that
insurance must be the primary payer before payment under this program.
2. For purposes of this section:
a. "Growth hormone treatment" means a drug prescribed by a physician or other
licensed practitioner for the long-term treatment of growth failure, the supplies
necessary to administer the drug, one out-of-state physician visit per year to
obtain expert consultation for the management of Russell-Silver syndrome,
appropriate in-state physician visits, and the travel expenses associated with
physician visits for the child and one parent.
b. "Medical food" means a formula that is intended for the dietary treatment of a
disease or condition for which nutritional requirements are established by medical
evaluation and is formulated to be consumed or administered under the direction
of a physician as well as any medical procedure and supplies necessary for
assimilation of the formula.
