Powers and duties of public and private entities

Public and private entities enrolled as North Dakota Medicaid providers have the following powers and duties to assist the department in identifying target population members and informing target population members about home and community-based service options: 1. To make a referral in a form and manner determined by the department to the North Dakota aging and disability resource link or through the request for a level of care determination for all target population members and their guardians or legal representatives who formally request or are referred for placement in a nursing facility or who are screened for a continued stay in a nursing facility. Nursing facility level of care screening determinations will not be made for target population members unless an appropriate referral has been submitted to the aging and disability resource link or through the request for a level of care determination. 2. To make a referral as soon as the target population member or their guardian or legal representative formally requests or is referred for placement in a nursing facility but no later than the day when a nursing facility level of care is submitted for approval. 3. To inform target population members, or their guardians or legal representatives, in a form and manner determined by the department, that a referral to complete the informed choice process must be made. 4. To afford case managers full access to target population members who are residing in or currently admitted to their facility to complete the informed choice process. 5. To not prevent or impede the informed choice process or attempt to influence in any way the decision of a target population member or their guardian or legal representative to receive services in the most integrated setting appropriate to meet their needs.