Participation requirements

1. The department may not disburse grant funds if the entity discontinues services on or before the date the entity submits a claim requesting payment. 2. The entity shall expend grant or loan funds for costs that are directly attributable to the project, in accordance with the application approved by the department. 3. The entity shall separately identify related party costs included in any amounts requested from the department. 4. The entity may not give preferential treatment to individuals who are not eligible for assistance over individuals eligible for assistance when determining admission or to whom services will be provided. 5. An entity accepting loan or grant funds to develop a particular service must enroll or have a provider agreement with the department to provide those services. 6. The entity shall make available a minimum of thirty percent of licensed capacity or units constructed, renovated, or converted, to individuals eligible for assistance, except when the entity can demonstrate that the minimum occupancy cannot be met because of a lack of individuals eligible for assistance requiring accommodations. 7. The entity shall comply with all applicable rules, regulations, policies, or procedures established by the department pertaining to the department's assistance programs from which the entity is receiving payment. 8. The entity shall comply with all local, state, and national laws and regulations pertaining to construction. 9. The entity shall be responsible for all incidental costs related to project completion. 10. The entity shall refund to the North Dakota health care trust fund any grant awarded for construction, renovation, or conversion if the entity or its successor in interest ceases to operate a basic care facility, assisted living facility, or facility providing other alternatives to nursing facility care or does not meet the minimum occupancy requirements during the ten-year period following the date grant funds were awarded. The amount of the grant to be refunded shall be reduced by ten percent per year for each year the entity operated a basic care facility, assisted living facility, or provided other alternatives to nursing facility care. 11. All loans become immediately due and payable if the entity or its successor in interest ceases to operate a nursing facility, basic care facility, assisted living facility, orprovide other alternatives to nursing facility care or does not meet the minimum occupancy requirements during the ten-year period following the date the loan was awarded. 12. In addition to other remedies provided by law, the department may deduct the amount of any refund due from an entity from any money owed by the department to the entity or the entity's successor in interest.