1.    The department of health and human services shall conduct a life safety survey process for all health care facilities licensed by the department of health and human services during and at the conclusion of a construction, renovation, or construction and renovation project.

Terms Used In North Dakota Code 23-01-37

  • Contract: A legal written agreement that becomes binding when signed.
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

a.    In conducting a survey under this section, if the department uses a third party to review construction and renovation plans, the licensed provider shall negotiate and approve the price of the review services, the department shall contract with the third party, and the licensed provider shall pay the department for the review services.

b.    The department shall deposit in the department’s operating account any payments received from a licensed provider under subdivision a. There is appropriated to the department on a continuing basis any funds deposited under subdivision a for the purpose of paying a third-party reviewer.

2.    The department of health and human services may charge a reasonable fee for the review of plans for construction, renovation, or construction and renovation projects performed under this section based on the size of the project. Revenues derived from the fees collected under this subsection must be deposited in the department’s operating fund in the state treasury.

3.    The department of health and human services shall make an initial determination on a construction, renovation, or construction and renovation project of:

a.    No more than one million dollars within twenty-eight days of receipt of a complete application; b.    More than one million dollars but no more than four million dollars within forty-two days of receipt of a complete application; c.    More than four million dollars, and less than fifteen million dollars, within fifty-six days of receipt of a complete application; and

d.    More than fifteen million dollars by notifying the applicant of the time the department will require to complete the review, allowing the applicant to determine whether to use a third-party reviewer.

4.    Following an initial determination under subsection 3, the department of health and human services shall make any followup determination on a construction, renovation, or construction and renovation project within fourteen days of receipt of the licensed provider’s response to the initial determination.

5.    The department of health and human services may approve a request for a waiver of a state law or rule relating to an innovative construction, renovation, or construction and renovation project if the lack of compliance does not adversely affect health or safety.

6.    The department of health and human services shall design and operate the program in a manner that will provide that the surveyor that performs a life safety survey under this    section    does    not    violate    the    federal    requirements    associated    with Medicare-certified life safety surveys.

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