NDAC 75-02-07.1-22
Rate limitations
Cite as N.D. Admin. Code ยง 75-02-07.1-22
Historical costs, as adjusted, for all facilities for which a rate is established excluding specialized
facilities for individuals with mental disease, must be used in the establishment of a limit rate for the
direct care and indirect care cost categories. The actual rate for each cost category for each facility
must be determined in accordance with this chapter. When establishing a facility's rate:
1.
Except for a specialized facility for individuals with mental disease, a facility with an actual rate
that exceeds the limit rate for direct care cost category shall receive the limit rate for that cost
category;
2.
A specialized facility for individuals with mental disease with an actual rate that exceeds two
times the limit rate for the direct care cost category shall receive the limit rate times two for
that cost category; and
3.
A facility with an actual rate that exceeds the limit rate for the indirect care cost category shall
receive the limit rate for that cost category. A facility shall receive an operating margin of three
percent based on the lesser of the actual direct care rate, exclusive of the adjustment factor,
or the direct care limit rate, exclusive of the adjustment factor, established for the rate year.
4.
The July 1, 2023, direct care limit rate is seventy-six dollars and ninety-one cents.
5.
The July 1, 2023, indirect care limit rate is sixty-two dollars and seventy-nine cents.
6.
The department may use an adjustment factor to calculate the direct care and indirect care
limits for future rate years within legislative appropriation.