North Dakota Century Code Title 50. Public Welfare § 50-24.1-47. Family paid caregiver service pilot project (Contingent expiration date)

1. The department shall manage and operate the family paid caregiver service pilot project to make payments to a legally responsible individual who provides extraordinary care to an eligible individual who is a participant in the Medicaid 1915(c) waivers, excluding the home and community-based services aged and disabled waiver.

2. The family paid caregiver service pilot project must include funding for extraordinary care, which means care:

3. The department may adopt rules addressing management of the family paid caregiver service pilot project and establish the eligibility requirements and exclusions for the family paid caregiver service pilot project. The department shall manage and operate the family paid caregiver service pilot project in accordance with the adopted rules and within the limits of legislative appropriation for the family paid caregiver service pilot project. The department shall utilize an assessment of an eligible individual to determine the need for extraordinary care which must consider the unique needs and circumstances of applicants including age, activities of daily living, medical needs, and social emotional needs. The department may not make payments to a legally responsible individual which duplicate any care that is otherwise compensated through a service or assistance provided, administered, or supervised by the department, including Medicaid 1915(c) waiver or the Medicaid state plan. A legally responsible individual shall attest on an annual basis that the legally responsible individual agrees not to seek reimbursement for extraordinary care through the family paid caregiver service pilot project on days when other 1915(c) waiver services are paid by the department.

4. A decision on an application which is issued by the department under this section may be appealed as provided under chapter 28-32. An individual may not appeal a denial, a revocation, a reduction in payment, or the termination of the family paid caregiver service pilot project administered by the department due to the unavailability of funding received for the purpose of issuing payments as part of the family paid caregiver service pilot project for the biennium.

5. A payment under this section to a legally responsible individual must be commensurate with the rate for family caregiving in the home and community-based services aged and disabled waiver.

6. The cross-disability advisory council under section 50-06-46 shall participate with and provide feedback to the department on the planning, design, and ongoing implementation of the family paid caregiver service pilot project and future centers for Medicare and Medicaid services children's cross-disability 1915(c) waiver. The council shall provide input into the development of the assessment method used to determine the need for extraordinary care.