Current through Supplement No. 394, October, 2024
1. An individual is
eligible for intellectual disabilities - developmental disabilities program
management services if the individual has a diagnosis of intellectual
disability which is severe enough to constitute a developmental disability.
a. A diagnosis of the condition of
intellectual disability must be made by an appropriately licensed professional
using diagnostic criteria accepted by the American psychiatric
association.
b. Determination of
whether the manifestation of the condition is severe enough to constitute a
developmental disability must be done in accordance with the definition of
developmental disability in North Dakota Century Code section
25-01.2-01.
2. An
individual is eligible for intellectual disabilities - developmental
disabilities program management services if the individual has a condition of
intellectual disability, diagnosed by an appropriately licensed professional
using diagnostic criteria accepted by the American psychiatric association,
which is not severe enough to constitute a developmental disability, and the
individual must be able to benefit from treatment and services purchased
through the developmental disability division on behalf of an individual who
meets the criteria of subsection 1.
3. An individual is eligible for intellectual
disabilities - developmental disabilities program management services if the
individual has a condition, other than mental illness, severe enough to
constitute a developmental disability, which results in impairment of general
intellectual functioning or adaptive behavior similar to that of an individual
with the condition of intellectual disability, and the individual must be able
to benefit from services and intervention techniques which are so closely
related to those applied to an individual with the condition of intellectual
disability that provision is appropriate. Determination of eligibility for
individuals described in this subsection requires the application of
professional judgment in a two-step process:
a. The team must first determine whether the
condition is severe enough to constitute a developmental disability. North
Dakota Century Code section 25-01.2-01 must be applied in order to determine if
a developmental disability is present. The presence of a developmental
disability does not establish eligibility for services through the intellectual
disabilities - developmental disabilities program management services system,
but does require the team to consider all assessment data and apply
professional judgment in the second step.
b. The team must then determine whether
services can be provided to an individual determined to have a condition, other
than mental illness, severe enough to constitute a developmental disability.
The team must have a thorough knowledge of the condition and service needs of
the applicant, as well as a thorough knowledge of services that would be
appropriate through the developmental disabilities system. When considering if
intellectual disabilities - developmental disabilities program management is
appropriate, the team must consider factors, including:
(1) Whether the individual would meet
criteria appropriately used to determine the need for services in an
intermediate care facility for individuals with intellectual
disabilities.
(2) Whether
appropriate services are available in the existing developmental disabilities
service delivery system.
(3)
Whether a service, which uses intervention techniques designed to apply to an
individual with intellectual disabilities, delivered by staff trained
specifically in the field of intellectual disabilities, would benefit the
individual.
(4) Whether a service,
designed for an individual with the condition of intellectual disability, could
be furnished to the individual without any significant detriment to the
individual or others receiving the service.
c. If the team concludes, through the
application of professional judgment, that an individual's needs can be met
through specific services purchased by the department for individuals who meet
the criteria of subsection 1, an intellectual disabilities - developmental
disabilities program manager may be assigned. Services may be provided, subject
to the limits of legislative appropriation. New services need not be developed
on behalf of the individual.
