23-41 Children With Special Health Care Needs
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<![CDATA[CHAPTER 23-41CHILDREN WITH SPECIAL HEALTH CARE NEEDS23-41-01. Definitions. In this chapter unless the context or subject matter otherwiserequires:1."County agency" means the county social service boards in this state.2."Department" means the state department of health.23-41-02. Administration of services for children with special health care needs.Services for children with special health care needs must be administered by the department in<br>conformity with title 5, part 2, of the federal Social Security Act, as amended through July 1, 2007<br>[Pub. L. 74-271; 49 Stat. 620; 42 U.S.C. 701 et seq.].23-41-03. Duties of the department. The department, in administering this chapter,shall:1.Cooperate with the federal government in the development of plans and policies for<br>services for children with special health care needs.2.Adopt rules and take any necessary action to entitle the state to receive aid from the<br>federal government for services for children with special health care needs in<br>conformity with title 5, part 2, of the federal Social Security Act and its amendments.3.Take action, give directions, and adopt rules to carry out the provisions of this<br>chapter, including the adoption and application of suitable standards and procedures<br>to ensure uniform and equitable treatment of all applicants for services for children<br>with special health care needs.4.Cooperate with the federal government in matters of mutual concern pertaining to<br>services to children with special health care needs, including the adoption of<br>methods of administration found necessary by the federal government for the<br>efficient operation of the plan for assistance.5.Provide necessary qualified employees and representatives.6.Establish and enforce a merit system as may be required under the federal Social<br>Security Act, as amended through July 1, 2007 [Pub. L. 74-271; 49 Stat. 620;<br>42 U.S.C. 701 et seq.].7.Make reports in the form and containing the information the federal government<br>requires and comply with the provisions, rules, and regulations the federal<br>government makes to assure the correctness and verification of a report.8.Publish a biennial report and any interim reports necessary.9.Provide medical food and low-protein modified food products to individuals with<br>phenylketonuria or maple syrup urine disease under chapter 25-17.10.Establish eligibility criteria for services under this chapter at one hundred eighty-five<br>percent of the poverty line, except for criteria relating to Russell-Silver syndrome,<br>phenylketonuria, or maple syrup urine disease treatment services for which income<br>is not to be considered when determining eligibility. For purposes of this chapter,<br>"poverty line" has the same meaning as defined in section 50-29-01.23-41-04. Birth report of child with special health care needs made to department.Within three days after the birth in this state of a child born with a visible congenital deformity, thePage No. 1licensed maternity hospital or home in which the child was born, or the legally qualified physician<br>or other person in attendance at the birth of the child outside of a maternity hospital, shall furnish<br>the department a report concerning the child with the information required by the department.23-41-05. Birth report of child with special health care needs - Use - Confidential.The information contained in the report furnished to the department under section 23-39-04<br>concerning a child with a visible congenital deformity may be used by the department for the care<br>and treatment of the child pursuant to this chapter. The report is confidential and is solely for the<br>use of the department in the performance of its duties.The report is not open to publicinspection nor considered a public record.23-41-06. Duties of county agencies. A county agency shall:1.Cooperate with the department in administering this chapter in its county subject to<br>rules adopted by the department.2.Make surveys and reports regarding children with special health care needs in the<br>various counties to the department when the department directs and in the way the<br>department directs.3.Provide for the transportation of a child with special health care needs to a clinic for<br>medical examination and to a hospital or a clinic for treatment.23-41-07. Russell-Silver syndrome - Services - Definitions.1.The department shall provide payment of a maximum of fifty thousand dollars per<br>child per biennium for medical food and growth hormone treatment at no cost to<br>individuals through age eighteen who have been diagnosed with Russell-Silver<br>syndrome, regardless of income.If the department provides an individual withservices under this section, the department may seek reimbursement from any<br>governmental program that provides coverage to that individual for the services<br>provided. The parent of an individual receiving services under this section shall<br>obtain any health insurance available to the parent on a group basis or through an<br>employer or union, and that insurance must be the primary payer before payment<br>under this program.2.For purposes of this section:a."Growth hormone treatment" means a drug prescribed by a physician or other<br>licensed practitioner for the long-term treatment of growth failure, the supplies<br>necessary to administer the drug, one out-of-state physician visit per year to<br>obtain expert consultation for the management of Russell-Silver syndrome,<br>appropriate in-state physician visits, and the travel expenses associated with<br>physician visits for the child and one parent.b."Medical food" means a formula that is intended for the dietary treatment of a<br>disease or condition for which nutritional requirements are established by<br>medical evaluation and is formulated to be consumed or administered under<br>the direction of a physician as well as any medical procedure and supplies<br>necessary for assimilation of the formula.Page No. 2Document Outlinechapter 23-41 children with special health care needs]]>