North Dakota Code 50-24.7-02 – Powers and duties of the department
1. The department shall administer expanded service payments for elderly and disabled and supervise and direct human service zones in the administration of expanded service payments for elderly and disabled.
Terms Used In North Dakota Code 50-24.7-02
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Fraud: Intentional deception resulting in injury to another.
- 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
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
2. The department shall pay qualified service providers at rates determined by the department, within limits of legislative appropriation, for the provision of the following services provided to eligible individuals:
a. Adult day care; b. Adult family foster care; c. Case management; d. Chore services; e. Family home care; f. Homemaker services; g. Nonmedical transportation; h. Respite care; and
i. Other services the department determines to be essential and appropriate to sustain an individual in the individual’s home and community and to delay or prevent institutional care.
3. The department shall take actions, give directions, and adopt rules as necessary to carry out the provisions of this chapter.
4. An overpayment, whether resulting from an eligible beneficiary‘s or eligible beneficiary’s legal representative’s concealment, misrepresentation, or fraud, or from assistance granted pending a decision on an appeal adverse to the appellant, and whenever made, is subject to recovery by the department. An overpayment may be collected from any person that benefited from, or that was responsible for, the overpayment. A statute of limitations or similar statute or the doctrine of laches does not bar a claim under this chapter.