North Dakota Century Code Title 23. Health and Safety § 23-01-04.3. Alternative health care services pilot project--Application--Notice--Hearing--Approval--Duration

1. At any time that the health care needs of a city, township, or other geographic area are not being adequately met, any person may apply to the department of health and human services for approval to conduct an alternative health care services pilot project. The application must address the need for and benefits of the pilot project. It must also contain a detailed description of the nature and scope of the project, quality control, organization, accountability, responsibility, and financial feasibility.

2. Upon receipt of an application under subsection 1, the department of health and human services shall schedule a public hearing, send notice to all interested parties, and give public notice of the hearing by publication in the official newspaper of each county in the pilot project area. At the hearing, the department of health and human services shall accept written and oral testimony. The department of health and human services shall review the application and all testimony presented at the hearing and approve, disapprove, or modify and approve the application based on criteria established by the department of health and human services. The criteria must address the availability and use of health personnel, facilities, and services.

3. Notwithstanding any other provisions of law, upon approval of an application submitted under subsection 1, the department of health and human services, in consultation with the state health officer and any other public or private entity consulted by the department of health and human services, shall set the standards for the delivery of health care services by the pilot project. The standards may not adversely affect the state's participation in federal Medicare and Medicaid programs. No more than three separate projects may be operational at any time and no project may be operational for longer than five years.