CHAPTER 23-09.3BASIC CARE FACILITIES23-09.3-01. Definitions. As used in this chapter:1."Basic care facility" means a residence, not licensed under chapter 23-16 by the department, that provides room and board to five or more individuals who are not related by blood or marriage to the owner or manager of the residence and who, because of impaired capacity for independent living, require health, social, or personal care services, but do not require regular twenty-four-hour medical or nursing services and:a.Makes response staff available at all times to meet the twenty-four-hour per day scheduled and unscheduled needs of the individual; orb.Is kept, used, maintained, advertised, or held out to the public as an Alzheimer's, dementia, or special memory care facility.2."Department" means the state department of health.3."Services" includes responsibility for resident health and safety, assistance with activities of daily living and instrumental activities of daily living, provision of leisure, recreational, and therapeutic activities, supervision of nutritional needs, and medication administration.23-09.3-01.1. Moratorium on expansion of basic care bed capacity.1.Basic care beds may not be added to the state's licensed bed capacity during the period between August 1, 2009, and July 31, 2011, except when:a.A nursing facility converts nursing facility beds to basic care;b.An entity demonstrates to the state department of health and the department of human services that basic care services are not readily available within a designated area of the state or that existing basic care beds within a fifty-mile radius have been occupied at ninety percent or more for the previous twelve months. In determining whether basic care services will be readily available if an additional license is issued, preference may be given to an entity that agrees to any participation program established by the department of human services for individuals eligible for services under the medical assistance program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]; orc.If the state department of health and the department of human services grant approval of new basic care beds to an entity, the approved entity shall license the beds within forty-eight months from the date of approval.2.Transfers of basic care beds from one basic care facility to another entity is permitted.Transferred basic care beds must become licensed within forty-eightmonths of transfer. The entity receiving the transferred beds or any new facility may seek to participate in the basic care assistance program.If the entity candemonstrate that individuals can be cared for at a more independent level and that this service will delay entry into the nursing facility, the entity may be approved for basic care assistance funds.3.If an Indian tribe acquires basic care beds, the tribal facility must meet state licensing requirements for those beds within forty-eight months of acquisition. A tribal facility may seek to participate in the basic care assistance program. Basic care assistance payments may only be made to a tribal facility that agrees toPage No. 1participate and adhere to all federal and state requirements of the basic care assistance program including participation, screening, ratesetting, and licensing requirements.23-09.3-02. Residential areas - Nongeriatric persons. A nursing home, intermediatecare facility, basic care facility, or any combination of a nursing home, intermediate care facility, or basic care facility may establish residential areas specifically for inhabitation by nongeriatric persons subject to any reasonable rules adopted by the department.23-09.3-03. Access to pharmacist. Repealed by S.L. 2001, ch. 432,
CHAPTER 23-09.3BASIC CARE FACILITIES23-09.3-01. Definitions. As used in this chapter:1."Basic care facility" means a residence, not licensed under chapter 23-16 by the department, that provides room and board to five or more individuals who are not related by blood or marriage to the owner or manager of the residence and who, because of impaired capacity for independent living, require health, social, or personal care services, but do not require regular twenty-four-hour medical or nursing services and:a.Makes response staff available at all times to meet the twenty-four-hour per day scheduled and unscheduled needs of the individual; orb.Is kept, used, maintained, advertised, or held out to the public as an Alzheimer's, dementia, or special memory care facility.2."Department" means the state department of health.3."Services" includes responsibility for resident health and safety, assistance with activities of daily living and instrumental activities of daily living, provision of leisure, recreational, and therapeutic activities, supervision of nutritional needs, and medication administration.23-09.3-01.1. Moratorium on expansion of basic care bed capacity.1.Basic care beds may not be added to the state's licensed bed capacity during the period between August 1, 2009, and July 31, 2011, except when:a.A nursing facility converts nursing facility beds to basic care;b.An entity demonstrates to the state department of health and the department of human services that basic care services are not readily available within a designated area of the state or that existing basic care beds within a fifty-mile radius have been occupied at ninety percent or more for the previous twelve months. In determining whether basic care services will be readily available if an additional license is issued, preference may be given to an entity that agrees to any participation program established by the department of human services for individuals eligible for services under the medical assistance program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]; orc.If the state department of health and the department of human services grant approval of new basic care beds to an entity, the approved entity shall license the beds within forty-eight months from the date of approval.2.Transfers of basic care beds from one basic care facility to another entity is permitted.Transferred basic care beds must become licensed within forty-eightmonths of transfer. The entity receiving the transferred beds or any new facility may seek to participate in the basic care assistance program.If the entity candemonstrate that individuals can be cared for at a more independent level and that this service will delay entry into the nursing facility, the entity may be approved for basic care assistance funds.3.If an Indian tribe acquires basic care beds, the tribal facility must meet state licensing requirements for those beds within forty-eight months of acquisition. A tribal facility may seek to participate in the basic care assistance program. Basic care assistance payments may only be made to a tribal facility that agrees toPage No. 1participate and adhere to all federal and state requirements of the basic care assistance program including participation, screening, ratesetting, and licensing requirements.23-09.3-02. Residential areas - Nongeriatric persons. A nursing home, intermediatecare facility, basic care facility, or any combination of a nursing home, intermediate care facility, or basic care facility may establish residential areas specifically for inhabitation by nongeriatric persons subject to any reasonable rules adopted by the department.23-09.3-03. Access to pharmacist. Repealed by S.L. 2001, ch. 432,
CHAPTER 23-09.3BASIC CARE FACILITIES23-09.3-01. Definitions. As used in this chapter:1."Basic care facility" means a residence, not licensed under chapter 23-16 by the department, that provides room and board to five or more individuals who are not related by blood or marriage to the owner or manager of the residence and who, because of impaired capacity for independent living, require health, social, or personal care services, but do not require regular twenty-four-hour medical or nursing services and:a.Makes response staff available at all times to meet the twenty-four-hour per day scheduled and unscheduled needs of the individual; orb.Is kept, used, maintained, advertised, or held out to the public as an Alzheimer's, dementia, or special memory care facility.2."Department" means the state department of health.3."Services" includes responsibility for resident health and safety, assistance with activities of daily living and instrumental activities of daily living, provision of leisure, recreational, and therapeutic activities, supervision of nutritional needs, and medication administration.23-09.3-01.1. Moratorium on expansion of basic care bed capacity.1.Basic care beds may not be added to the state's licensed bed capacity during the period between August 1, 2009, and July 31, 2011, except when:a.A nursing facility converts nursing facility beds to basic care;b.An entity demonstrates to the state department of health and the department of human services that basic care services are not readily available within a designated area of the state or that existing basic care beds within a fifty-mile radius have been occupied at ninety percent or more for the previous twelve months. In determining whether basic care services will be readily available if an additional license is issued, preference may be given to an entity that agrees to any participation program established by the department of human services for individuals eligible for services under the medical assistance program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]; orc.If the state department of health and the department of human services grant approval of new basic care beds to an entity, the approved entity shall license the beds within forty-eight months from the date of approval.2.Transfers of basic care beds from one basic care facility to another entity is permitted.Transferred basic care beds must become licensed within forty-eightmonths of transfer. The entity receiving the transferred beds or any new facility may seek to participate in the basic care assistance program.If the entity candemonstrate that individuals can be cared for at a more independent level and that this service will delay entry into the nursing facility, the entity may be approved for basic care assistance funds.3.If an Indian tribe acquires basic care beds, the tribal facility must meet state licensing requirements for those beds within forty-eight months of acquisition. A tribal facility may seek to participate in the basic care assistance program. Basic care assistance payments may only be made to a tribal facility that agrees toPage No. 1participate and adhere to all federal and state requirements of the basic care assistance program including participation, screening, ratesetting, and licensing requirements.23-09.3-02. Residential areas - Nongeriatric persons. A nursing home, intermediatecare facility, basic care facility, or any combination of a nursing home, intermediate care facility, or basic care facility may establish residential areas specifically for inhabitation by nongeriatric persons subject to any reasonable rules adopted by the department.23-09.3-03. Access to pharmacist. Repealed by S.L. 2001, ch. 432,