§ 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.