North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-02 - Economic Assistance
Chapter 75-02-06 - Ratesetting for Nursing Home Care
Section 75-02-06-25 - Notification of rates

1. The department shall notify each facility of the desk audit rate on or before November twenty-fourth of the year preceding the rate year, except a facility that has requested and received a cost reporting deadline extension of fifteen days or less shall be notified on or before November thirtieth of the year preceding the rate year, and a facility that has requested and received a cost reporting deadline extension in excess of fifteen days shall be notified on or before December fifteenth of the year preceding the rate year.

2. The department shall notify each facility of the cost rate and the price rate for the 2022 and 2023 rate years.

3. The facility shall notify the department on or before November 29, 2021, if the facility accepts the cost rate as the established rate for the 2022 rate year.

4. The facility shall notify the department on or before November 28, 2022, if the facility accepts the cost rate as the established rate for the 2023 rate year. The facility does not have the option to choose the cost rate for the 2023 rate year if the facility's 2022 rate was the price rate.

5. The facility shall provide to all private-pay residents a thirty-day written notification of any increase in the rates for each classification. An increase in rates is not effective unless the facility has notified private-pay residents that the rate increase is effective by the first day of the second month following the date of notification by the department. If the facility does not notify private-pay residents by the first day of the first month following notification by the department, the established rate in effect at the time of notification by the department must remain in effect until the date the rate is payable by private-pay residents. No retroactive adjustment may be made to an established rate that remains in effect because the facility did not promptly notify private-pay residents unless the adjustment would result in a decrease of at least the rate adjustment percentage per day. A facility may make a rate change without giving a thirty-day written notice when the purpose of the rate change is to reflect a necessary change in the case-mix classification of a resident.

6. If the department fails to notify the facility of the desk rate, as provided in subsection 1, the time required for giving written notice, as provided for in subsection 5, must be decreased by the number of days by which the department was late in setting the rate.