50-06.2 Comprehensive Human Services Programs
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<![CDATA[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<br>county social service boards and human service centers. This chapter must be construed to<br>effectuate the following public purposes:1.To help individuals or their families to achieve, maintain, or support the highest<br>attainable level of personal independence and economic self-sufficiency.2.To prevent, remedy, or alleviate neglect, abuse, or exploitation of children and adults<br>unable to protect their own interests.3.To provide a continuum of community-based services adequate to appropriately<br>sustain individuals in their homes and in their communities and to delay or prevent<br>institutional care.4.To preserve, rehabilitate, and reunite families.5.To assist in securing referral or admission of individuals to institutional care when<br>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<br>human services plan published by the state agency and human services required by<br>state law or state agency regulation or federal law or regulation as a condition for the<br>receipt of federal financial participation in programs administered under the<br>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<br>50-06.2-04.4."Family home care" means the provision of room, board, supervisory care, and<br>personal services to an eligible elderly or disabled person by the spouse or by one of<br>the following relatives, or the current or former spouse of one of the following<br>relatives, of the elderly or disabled person: parent, grandparent, adult child, adult<br>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<br>and safety of the client is maintained.5."Human service center" means a regional center established under section<br>50-06-05.3.6."Qualified service provider" means a county agency or independent contractor which<br>agrees to meet standards for service and operations established by the state<br>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<br>programs for individuals and families in conformity with state and federal<br>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<br>this chapter.b.Detail the human services identified by the state agency for provision by human<br>service centers and the services which the county agencies have agreed to<br>make available in approved county plans as a condition for the receipt of any<br>funds allocated or distributed by the state agency.3.To make available, through county agencies or human service centers, any or all of<br>the services set out in the comprehensive human services plan on behalf of those<br>individuals and families determined to be eligible for those services under criteria<br>established by the state agency.4.To supervise and direct the comprehensive human services administered by county<br>agencies and human service centers through standard-setting, technical assistance,<br>approval of county and regional plans, preparation of the comprehensive human<br>services plan, evaluation of comprehensive human services programs, and<br>distribution of public money for services.5.Within the limits of legislative appropriations and at rates determined payable by the<br>state agency, to pay qualified service providers, which meet standards for services<br>and operations, for the provision of the following services as defined in the<br>comprehensive human services plan which are provided to individuals who, on the<br>basis of functional assessments, income, and resources, are determined eligible for<br>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<br>appropriate to sustain individuals in their homes and in their communities and<br>to delay or prevent institutional care.6.To take actions, give directions, and adopt rules as necessary to carry out the<br>provisions of this chapter.For purposes of this chapter, resources do not include the individual's primary home and the first<br>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<br>at the county level in conformity with state and federal requirements under the<br>direction and supervision of the state agency.2.To publish and provide to the state agency a county human services plan which<br>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<br>be addressed by the county human services programs.c.A description of each county human service proposed and identification of the<br>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<br>and by federal law or regulation as a condition for the receipt of federal financial<br>participation in programs administered by county agencies under the provisions<br>of this title.The date of submission of the county human services plan to the state agency must<br>be determined so that the plan is coordinated with the proposed and final<br>comprehensive human services plan.3.To make available the human services detailed in the comprehensive human<br>services plan which the county agency has included in the approved county plan and<br>to provide such other human services as the county agency determines essential in<br>effectuating the purposes of this chapter within the county. To the extent funding is<br>available under section 50-06.2-03 and chapter 50-24.1, the county plan must<br>include the services enumerated in those sections. The county agency shall make<br>these services available to any individual requesting service and determined eligible<br>on the basis of functional assessment. The individual shall pay for the services in<br>accordance with a fee scale based on family size and income. The county agency<br>may contract with any qualified service provider in its provision of those enumerated<br>services.4.To submit annually to the board of county commissioners a budget containing an<br>estimate and supporting data, setting forth the county funds needed to carry out the<br>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<br>amount sufficient to pay the local expenses of administration and provision of the human<br>services required by state law and by federal law or regulation as a condition for the receipt of<br>federal financial participation in programs administered by county agencies under the provisions<br>of this title. For purposes of this section, the board of county commissioners may levy an annual<br>tax for human services purposes not exceeding the limitation in subsection 34 of section<br>57-15-06.7, and if this amount is not sufficient, may levy for deficiency purposes under chapter<br>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<br>service payments to the elderly and disabled in that county in excess of the amount provided by<br>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<br>that offer competitively priced services. The county agency shall inform each eligible applicant<br>for services, provided under this chapter, of the identity of qualified service providers available to<br>provide the service required by the applicant. The county agency shall make and document<br>reasonable efforts to inform potential service providers of the anticipated need for services in the<br>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<br>individual's spouse has made any assignment or transfer of any asset for the purpose of making<br>that individual eligible for the benefits. Assignment or transfer includes any action or failure to act<br>that effects a transfer, renunciation, or disclaimer of any asset or interest in an asset that the<br>individual might otherwise assert or have asserted, or which serves to reduce the amount that an<br>individual might otherwise claim from a decedent's estate, a trust or similar device, or another<br>individual obligated by law to furnish support.Page No. 4Document Outlinechapter 50-06.2 comprehensive human services programs]]>