50-24.5 Aid to Aged, Blind, and Disabled Persons
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<![CDATA[CHAPTER 50-24.5AID TO AGED, BLIND, AND DISABLED PERSONS50-24.5-01. Definitions. In this chapter, unless the context otherwise requires:1."Aged" means at least sixty-five years of age.2."Blind" has the same meaning as the term has when used by the social security<br>administration in the supplemental security income program under title XVI of the<br>Social Security Act [42 U.S.C. 1381 et seq.].3."Congregate housing" means housing shared by two or more individuals not related<br>to each other which is not provided in an institution.4."County agency" means the county social service board.5."Department" means the department of human services.6."Disabled" has the same meaning as the term has when used by the social security<br>administration in the supplemental security income program under title XVI of the<br>Social Security Act [42 U.S.C. 1381 et seq.].7."Eligible beneficiary" means a resident of this state who:a.(1)Is aged; or(2)Is at least eighteen years of age and is disabled or blind;b.Has applied for and is eligible to receive benefits under title XIX of the Social<br>Security Act [42 U.S.C. 1396 et seq.], provided that an individual who was<br>eligible to receive benefits under title XVI of the Social Security Act [42 U.S.C.<br>1381 et seq.] and who was receiving benefits under title XVI before January 1,<br>1995, is not ineligible because that individual is not eligible to receive benefits<br>under title XIX;c.Based on a functional assessment, is not severely impaired in any of the<br>activities of daily living of toileting, transferring to or from a bed or chair, or<br>eating and:(1)Has health, welfare, or safety needs, including a need for supervision or<br>a structured environment, which require care in a licensed adult family<br>foster care home or an assisted living facility; or(2)Is impaired in three of the following four instrumental activities of daily<br>living: preparing meals, doing housework, taking medicine, and doing<br>laundry; andd.Is determined to be eligible pursuant to rules adopted by the department.8."Institution" means an establishment that makes available some treatment or<br>services beyond food or shelter to five or more individuals who are not related to the<br>proprietor.9."Living independently" includes living in congregate housing. The term does not<br>include living in an institution.10."Proprietor" means an individual responsible for day-to-day administration and<br>management of a facility.Page No. 111."Qualified service provider" means a county agency or independent contractor who<br>agrees to meet standards for services and operations established by the<br>department.12."Related to the proprietor" means an individual who is a proprietor's spouse or<br>former spouse, or a parent, stepparent, grandparent, stepgrandparent, child,<br>stepchild, grandchild, stepgrandchild, brother, sister, half-brother, half-sister,<br>stepbrother, or stepsister of a proprietor or proprietor's spouse or former spouse.13."Remedial care" means services that produce the maximum reduction of an eligible<br>beneficiary's physical or mental disability and the restoration of an eligible<br>beneficiary to the beneficiary's best possible functional level.14."Would be eligible to receive the cash benefits except for income" refers to an<br>individual whose countable income, less the cost of necessary remedial care that<br>may be provided under this chapter, does not exceed an amount equal to the cash<br>benefit under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] which the<br>individual would receive if the individual had no income, plus sixty dollars.50-24.5-02. Powers and duties of the department. The department shall:1.Administer aid to vulnerable aged, blind, and disabled persons and supervise and<br>direct county agencies in the administration of aid to vulnerable aged, blind, and<br>disabled persons.2.Supplement, within the limits of legislative appropriation, the income of an eligible<br>beneficiary receiving necessary adult family foster care services to the extent that<br>the eligible beneficiary lacks income sufficient to meet the cost of that care provided<br>at rates determined by the department.3.Supplement, within the limits of legislative appropriation, the income of an eligible<br>beneficiary receiving necessary basic care services to the extent that the eligible<br>beneficiary lacks income sufficient to meet the cost of that care, provided at rates<br>determined by the department adjusted by the inflation rate for basic care services<br>used to develop the legislative appropriation for the department.4.Pay qualified service providers at rates determined by the department, within the<br>limits of legislative appropriation, for the provision of the following services provided<br>to an eligible beneficiary to the extent that the eligible beneficiary lacks income<br>sufficient to meet the cost of these services: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;i.Adaptive assessment; andPage No. 2j.Other services the department determines to be essential and appropriate to<br>sustain an individual in the individual's home and community and to delay or<br>prevent institutional care.5.Establish, maintain, and ensure the enforcement of standards for congregate<br>housing as may be appropriate to the needs of the residents of congregate housing<br>who are receiving services under this chapter. The standards must govern matters<br>such as admission policy, safety, sanitation, and protection of civil rights.6.Establish an individualized care rate for each eligible beneficiary receiving adult<br>family foster care services or assisted living services.7.Issue payment to basic facilities and adult family foster care facilities for services<br>provided to an eligible beneficiary.8.Take action and give directions necessary to implement this chapter.50-24.5-02.1.Registration of assisted living facilities.Repealed by S.L. 2003,ch. 429, </p>
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