§ 25-04-05 — Qualifications for accessing services provided by life skills and transition center - Educational or related services without charge for individuals twenty-one years of age and under

center - Educational or related services without charge for individuals twenty-one years
of age and under.
1. The superintendent of the life skills and transition center may admit an eligible or
noneligible individual to the life skills and transition center for residential services
based on consideration of the following factors:
a. Ability of the life skills and transition center to provide the appropriate level of care
based on the individual's need.
b. Health and safety considerations for both the individual served and other
individuals currently being served by the life skills and transition center.
c. The individual may be admitted without exceeding the resident capacity of the
facility as specified in the professional standards of the department.
d. A noneligible individual may not receive residential services to the exclusion of an
eligible individual, unless the noneligible individual is receiving residential

services before the life skills and transition center receives an application to admit
an eligible individual for residential services.
2. The superintendent of the life skills and transition center may approve an eligible or
noneligible individual for nonresidential services provided by the life skills and
transition center if all of the following conditions have been met:
a. Application has been made on behalf of the individual by a department
developmental disabilities program manager, a parent, guardian, or legal
custodian, in accordance with procedures established by the department.
b. Information has been submitted to the life skills and transition center which allows
the superintendent to determine that the eligible or noneligible individual would
benefit from:
(1) Nonresidential stabilization services offered by the life skills and transition
center for the purpose of avoiding institutionalization or further
destabilization of the individual's living situation; or
(2) Consultation services to public and private providers serving noneligible
individuals.
3. Notwithstanding any other provision of this chapter, no eligible individual served,
twenty-one years of age or under, no noneligible individual, eighteen years of age or
under, or the estate or the parent of such individual, may be charged for educational or
related services provided at the life skills and transition center. Except as provided in
subsection 4, the department has prior claim on all benefits accruing to such
individuals served or noneligible individuals for medical and medically related services
under entitlement from the federal government, medical or hospital insurance
contracts, workforce safety and insurance, or medical care and disability programs.
For purposes of this subsection, "related services" means transportation and such
developmental, corrective, and other supportive services, as determined by the
department of public instruction, as are required to assist an individual with a disability
to benefit from special education. The cost of related services other than medical and
medically related services must be paid by the life skills and transition center, the
school district of residence of the child with a disability, and other appropriate state
agencies and political subdivisions of this state. The department of public instruction,
the department, the school district of residence, and other appropriate state agencies
and political subdivisions, as determined by the department of public instruction, shall
determine and agree to that portion of related services, other than medical and
medically related services, for which each agency and political subdivision is liable.
The department of public instruction may adopt rules necessary to implement this
section.
4. Parents of an eligible individual, who is twenty-one years of age or under, are not
required to file, assist in filing, agree to filing, or assign an insurance claim when filing
the claim would pose a realistic threat that the parents would suffer a financial loss not
incurred by similarly situated parents of children with disabilities. Financial losses do
not include incidental costs such as the time needed to file or assist in filing an
insurance claim or the postage needed to mail the claim. Financial losses include:
a. A decrease in available lifetime coverage or any other benefit under an insurance
policy.
b. An increase in premiums or the discontinuation of a policy.
c. An out-of-pocket expense such as the payment of a deductible amount incurred
in filing a claim unless the life skills and transition center pays or waives the
out-of-pocket expense.