N.D. Cent. Code § 50-24.5-01 Definitions
50-24.5-01. Definitions
In this chapter, unless the context otherwise requires:
1. "Adult residential facility" means a licensed basic care facility that meets the program
and provider requirements of the Medicaid 1915(c) home and community-based
services aged and disabled waiver, specializing in the care of individuals eligible for
services under a medical assistance home and community-based waiver or similar
program with chronic moderate to severe memory loss or significant emotional,
behavioral, or cognitive impairment, which provides therapeutic, social, and
recreational programming and assistance with activities of daily living and instrumental
activities of daily living.
2. "Aged" means at least sixty-five years of age.
3. "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.].
4. "Congregate housing" means housing shared by two or more individuals not related to
each other which is not provided in an institution.
5. "Department" means the department of health and human services.
6. "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.].
7. "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. (1) Has applied for and is eligible to receive and receives 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.]; or
(2) Has applied for and is eligible to receive and receives benefits under section
50-24.1-37 for long-term services and supports pursuant to an asset test
established under title XIX of the Social Security Act [42 U.S.C. 1396
et seq.] and section 50-24.1-02;
c. Meets the requirements of section 23-09.3-08.1;
d. 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 following four instrumental activities of daily living:
preparing meals, doing housework, taking medicine, and doing laundry; and
e. Is determined to be eligible pursuant to rules adopted by the department.
8. "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.
9. "Institution" means a facility licensed under chapter 23-09.3.
10. "Living independently" includes living in congregate housing. The term does not
include living in an institution.
11. "Personal needs allowance" means an amount retained by the eligible beneficiary to
cover the costs of clothing and other personal needs.
12. "Proprietor" means an individual responsible for day-to-day administration and
management of a facility.
13. "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.
14. "Would be eligible to receive the cash benefits except for income" refers to an
individual whose 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 amount allowed as the personal needs allowance.