§ 50-24.1-47 — Family paid caregiver service pilot project (Contingent expiration date - See note)

North Dakota § 50-24.1-47

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-24.1: Medical Assistance for Needy Persons

Text

See note)
1. The department shall manage and operate the family paid caregiver service pilot
project to make payments to a legally responsible individual who provides
extraordinary care to an eligible individual who is a participant in the Medicaid 1915(c)
waivers, excluding the home and community-based services aged and disabled
waiver.
2. The family paid caregiver service pilot project must include funding for extraordinary
care, which means care:
a. Exceeding the range of activities a legally responsible individual would ordinarily
perform in the household on behalf of an individual without extraordinary medical
or behavioral needs; and
b. Is necessary to assure the health and welfare and avoid institutionalization of the
individual in need of care.
3. The department may adopt rules addressing management of the family paid caregiver
service pilot project and establish the eligibility requirements and exclusions for the
family paid caregiver service pilot project. The department shall manage and operate
the family paid caregiver service pilot project in accordance with the adopted rules and
within the limits of legislative appropriation for the family paid caregiver service pilot
project. The department shall utilize an assessment of an eligible individual to
determine the need for extraordinary care which must consider the unique needs and
circumstances of applicants including age, activities of daily living, medical needs, and
social emotional needs. The department may not make payments to a legally
responsible individual which duplicate any care that is otherwise compensated through
a service or assistance provided, administered, or supervised by the department,
including Medicaid 1915(c) waiver or the Medicaid state plan. A legally responsible
individual shall attest on an annual basis that the legally responsible individual agrees
not to seek reimbursement for extraordinary care through the family paid caregiver
service pilot project on days when other 1915(c) waiver services are paid by the
department.
4. A decision on an application which is issued by the department under this section may
be appealed as provided under chapter 28-32. An individual may not appeal a denial,
a revocation, a reduction in payment, or the termination of the family paid caregiver
service pilot project administered by the department due to the unavailability of funding
received for the purpose of issuing payments as part of the family paid caregiver
service pilot project for the biennium.
5. A payment under this section to a legally responsible individual must be
commensurate with the rate for family caregiving in the home and community-based
services aged and disabled waiver.
6. The cross-disability advisory council under section 50-06-46 shall participate with and
provide feedback to the department on the planning, design, and ongoing
implementation of the family paid caregiver service pilot project and future centers for
Medicare and Medicaid services children's cross-disability 1915(c) waiver. The council
shall provide input into the development of the assessment method used to determine
the need for extraordinary care.