1.    A basic care facility may not admit and retain an individual unless the:

Terms Used In North Dakota Code 23-09.3-08.1

  • Contract: A legal written agreement that becomes binding when signed.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

a.    Facility provides, directly or through contract, appropriate services within the facility to attain or maintain the individual at the individual’s highest practicable level of functioning; and

b.    Condition and abilities of that individual are consistent with the national fire protection association 101 life safety code requirements.

2.    Notwithstanding contrary provisions in subsection 1, a basic care facility may retain an individual in need of end-of-life services if the facility wraps around the individual’s family, or the individual’s designee, volunteers, or staff services to support the individual through end of life. The facility, individual, or the individual’s designee may contract with a person or hospice agency to meet the needs of the individual. A basic care facility continues to be responsible for the care and services of every resident.