50-06.2 Comprehensive Human Services Programs - North Dakota Statutes

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CHAPTER 50-06.2COMPREHENSIVE HUMAN SERVICES PROGRAMS50-06.2-01. Purpose - Interpretation. It is the purpose of this chapter to establish asystem for planning, coordinating, and providing comprehensive human services administered by
county social service boards and human service centers. This chapter must be construed to
effectuate the following public purposes:1.To help individuals or their families to achieve, maintain, or support the highest
attainable level of personal independence and economic self-sufficiency.2.To prevent, remedy, or alleviate neglect, abuse, or exploitation of children and adults
unable to protect their own interests.3.To provide a continuum of community-based services adequate to appropriately
sustain individuals in their homes and in their communities and to delay or prevent
institutional care.4.To preserve, rehabilitate, and reunite families.5.To assist in securing referral or admission of individuals to institutional care when
other forms of care are not appropriate.50-06.2-02. Definitions. As used in this chapter:1."Comprehensive human services" means services included in the comprehensive
human services plan published by the state agency and human services required by
state law or state agency regulation or federal law or regulation as a condition for the
receipt of federal financial participation in programs administered under the
provisions of this title.2."County agency" means the county social service board in each county of the state.3."County plan" means the county human services plan required by section
50-06.2-04.4."Family home care" means the provision of room, board, supervisory care, and
personal services to an eligible elderly or disabled person by the spouse or by one of
the following relatives, or the current or former spouse of one of the following
relatives, of the elderly or disabled person: parent, grandparent, adult child, adult
sibling, adult grandchild, adult niece, or adult nephew.The family home careprovider need not be present in the home on a twenty-four-hour basis if the welfare
and safety of the client is maintained.5."Human service center" means a regional center established under section
50-06-05.3.6."Qualified service provider" means a county agency or independent contractor which
agrees to meet standards for service and operations established by the state
agency.7."State agency" means the department of human services.50-06.2-03.Powers and duties of the state agency.The state agency has thefollowing powers or duties under this chapter:Page No. 11.To act as the official agency of the state in the administration of the human services
programs for individuals and families in conformity with state and federal
requirements.2.To prepare, at least biennially, a comprehensive human services plan which must:a.Include human services determined essential in effectuating the purposes of
this chapter.b.Detail the human services identified by the state agency for provision by human
service centers and the services which the county agencies have agreed to
make available in approved county plans as a condition for the receipt of any
funds allocated or distributed by the state agency.3.To make available, through county agencies or human service centers, any or all of
the services set out in the comprehensive human services plan on behalf of those
individuals and families determined to be eligible for those services under criteria
established by the state agency.4.To supervise and direct the comprehensive human services administered by county
agencies and human service centers through standard-setting, technical assistance,
approval of county and regional plans, preparation of the comprehensive human
services plan, evaluation of comprehensive human services programs, and
distribution of public money for services.5.Within the limits of legislative appropriations and at rates determined payable by the
state agency, to pay qualified service providers, which meet standards for services
and operations, for the provision of the following services as defined in the
comprehensive human services plan which are provided to individuals who, on the
basis of functional assessments, income, and resources, are determined eligible for
the services in accordance with rules adopted by the state agency:a.Homemaker services;b.Chore services;c.Respite care;d.Home health aide services;e.Case management;f.Family home care;g.Personal attendant care;h.Adult family foster care; andi.Such other services as the state agency determines to be essential and
appropriate to sustain individuals in their homes and in their communities and
to delay or prevent institutional care.6.To take actions, give directions, and adopt rules as necessary to carry out the
provisions of this chapter.For purposes of this chapter, resources do not include the individual's primary home and the first
fifty thousand dollars of liquid assets.Page No. 250-06.2-04. Powers and duties of county agencies. Each county agency has thefollowing powers and duties under this chapter:1.To administer comprehensive human services programs for individuals and families
at the county level in conformity with state and federal requirements under the
direction and supervision of the state agency.2.To publish and provide to the state agency a county human services plan which
must include the following:a.A statement of the goals of county human services programs in the county.b.Methods used to identify persons in need of services and the social problems to
be addressed by the county human services programs.c.A description of each county human service proposed and identification of the
agency or person proposed to provide the service.d.The amount of money proposed to be allocated to each service.e.An agreement to make available those human services required by state law
and by federal law or regulation as a condition for the receipt of federal financial
participation in programs administered by county agencies under the provisions
of this title.The date of submission of the county human services plan to the state agency must
be determined so that the plan is coordinated with the proposed and final
comprehensive human services plan.3.To make available the human services detailed in the comprehensive human
services plan which the county agency has included in the approved county plan and
to provide such other human services as the county agency determines essential in
effectuating the purposes of this chapter within the county. To the extent funding is
available under section 50-06.2-03 and chapter 50-24.1, the county plan must
include the services enumerated in those sections. The county agency shall make
these services available to any individual requesting service and determined eligible
on the basis of functional assessment. The individual shall pay for the services in
accordance with a fee scale based on family size and income. The county agency
may contract with any qualified service provider in its provision of those enumerated
services.4.To submit annually to the board of county commissioners a budget containing an
estimate and supporting data, setting forth the county funds needed to carry out the
provisions of this chapter.50-06.2-05. Appropriation of county funds. The board of county commissioners ofeach county shall annually appropriate and make available to the human services fund an
amount sufficient to pay the local expenses of administration and provision of the human
services required by state law and by federal law or regulation as a condition for the receipt of
federal financial participation in programs administered by county agencies under the provisions
of this title. For purposes of this section, the board of county commissioners may levy an annual
tax for human services purposes not exceeding the limitation in subsection 34 of section
57-15-06.7, and if this amount is not sufficient, may levy for deficiency purposes under chapter
50-03.50-06.2-05.1.County share of service payments to elderly and disabled.Eachcounty in this state shall reimburse the department of human services for amounts expended for
service payments to the elderly and disabled in that county in excess of the amount provided by
the federal government, in the amount of five percent.Page No. 350-06.2-06. Freedom of choice. Each person eligible for services under this chapter, orthe person's representative, must be free to choose among available qualified service providers
that offer competitively priced services. The county agency shall inform each eligible applicant
for services, provided under this chapter, of the identity of qualified service providers available to
provide the service required by the applicant. The county agency shall make and document
reasonable efforts to inform potential service providers of the anticipated need for services in the
county.50-06.2-07. Disqualifying transfers. An individual is not eligible to receive benefitsunder this chapter if, at any time before or after making application, the individual or the
individual's spouse has made any assignment or transfer of any asset for the purpose of making
that individual eligible for the benefits. Assignment or transfer includes any action or failure to act
that effects a transfer, renunciation, or disclaimer of any asset or interest in an asset that the
individual might otherwise assert or have asserted, or which serves to reduce the amount that an
individual might otherwise claim from a decedent's estate, a trust or similar device, or another
individual obligated by law to furnish support.Page No. 4Document Outlinechapter 50-06.2 comprehensive human services programs