23-09.3 Basic Care Facilities
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<![CDATA[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<br>department, that provides room and board to five or more individuals who are not<br>related by blood or marriage to the owner or manager of the residence and who,<br>because of impaired capacity for independent living, require health, social, or<br>personal care services, but do not require regular twenty-four-hour medical or<br>nursing services and:a.Makes response staff available at all times to meet the twenty-four-hour per<br>day scheduled and unscheduled needs of the individual; orb.Is kept, used, maintained, advertised, or held out to the public as an<br>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<br>activities of daily living and instrumental activities of daily living, provision of leisure,<br>recreational, and therapeutic activities, supervision of nutritional needs, and<br>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<br>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<br>human services that basic care services are not readily available within a<br>designated area of the state or that existing basic care beds within a fifty-mile<br>radius have been occupied at ninety percent or more for the previous twelve<br>months. In determining whether basic care services will be readily available if<br>an additional license is issued, preference may be given to an entity that agrees<br>to any participation program established by the department of human services<br>for individuals eligible for services under the medical assistance program under<br>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<br>approval of new basic care beds to an entity, the approved entity shall license<br>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<br>permitted.Transferred basic care beds must become licensed within forty-eightmonths of transfer. The entity receiving the transferred beds or any new facility may<br>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<br>this service will delay entry into the nursing facility, the entity may be approved for<br>basic care assistance funds.3.If an Indian tribe acquires basic care beds, the tribal facility must meet state<br>licensing requirements for those beds within forty-eight months of acquisition. A<br>tribal facility may seek to participate in the basic care assistance program. Basic<br>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<br>assistance program including participation, screening, ratesetting, and licensing<br>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,<br>or basic care facility may establish residential areas specifically for inhabitation by nongeriatric<br>persons subject to any reasonable rules adopted by the department.23-09.3-03. Access to pharmacist. Repealed by S.L. 2001, ch. 432, </p>
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