North Dakota Administrative Code
Title 75 - Department of Human Services
Article 75-03 - Community Services
Chapter 75-03-21 - Licensing of Foster Homes for Adult
Section 75-03-21-10 - Substitute caregiver and respite care provider qualifications

1. A substitute caregiver or respite care provider:

2. The provider is responsible for the care of residents at all times, even though the duties or tasks of furnishing care have been delegated to a substitute caregiver or respite care provider.

3. Respite care providers are limited to the respite care service funding cap. Residents whose care is being paid by the county or state can only receive respite care from a respite care provider. Respite care providers shall bill the department for time spent caring for residents in their care.

4. Substitute caregivers who are providing care to private pay residents may not provide resident care on behalf of a facility for more than one hundred ninety-two calendar days during the twenty-four-month period immediately following the renewal date of the initial license or for more than ninety-six days during the twelve-month period immediately following the date of the issuance of the initial license.

5. For purposes of this section, whenever a substitute caregiver or respite care provider provides resident care on behalf of a facility for more than eight hours during a calendar day, the calendar day will be counted toward the one hundred ninety-two calendar day or ninety-six calendar day limit a substitute caregiver may provide resident care on behalf of a facility or toward the respite care service funding cap to which a respite care provider established by the department for each qualifying resident.

6. Employing individuals other than those who meet the definition of substitute caregiver or respite care provider to provide services to a resident is prohibited.