NDAC 75-03-21-12
Service and rental agreement
Cite as N.D. Admin. Code ยง 75-03-21-12
The provider shall furnish each prospective resident, or the resident's legal representative, and the
department with a signed copy of the provider's service and rental agreement prior to the resident
entering the facility. A copy signed by the resident or legal representative and the provider must be kept
in the resident's record.
1.
The service and rental agreement must include all of the following information:
a.
Landlord tenant eviction and appeals process;
b.
Resident's rights to unrestricted telephone access, unless otherwise documented and
justified in the person-centered service plan or service and rental agreement;
c.
Any relevant expectations with which the resident is expected to comply, including
restrictions on the use of alcohol or tobacco in the facility;
d.
Sample menu plan of meals served;
e.
Procedure concerning the use and management of resident funds;
f.
Procedure used for billing, collecting, and reimbursing the charge for board, room, and
care;
g.
Policies concerning the furnishing of nonemergency resident transportation by the
provider;
h.
Resident's right to furnish and decorate their bedroom;
i.
Resident's right to control their own schedules and activities, unless otherwise
documented and justified in the person-centered service plan or service and rental
agreement;
j.
Resident's right to have visitors of their choosing at any time, unless otherwise
documented and justified in the person-centered service plan or service and rental
agreement;
k.
Accurate and complete information regarding the extent and nature of the care to be
provided by the provider, including whether or not the client requires twenty-four-hour
supervision or the appropriate length of time the resident may be safely left alone; and
l.
Resident's right to be free from coercion and restraint.
2.
All agreement modifications must be supported by a specific assessed need and documented
and justified in the person-centered service plan or service and rental agreement.
3.
All agreement modifications made after the date the initial agreement was signed must be in
writing and signed by the resident or the resident's legal representative and the provider. The
provider shall furnish the resident, or the resident's legal representative, and the department
with a signed copy of the modifications. A copy of the modifications must be kept in the
resident's records.