NDAC 92-01-02-29.5
Power mobility devices
Cite as N.D. Admin. Code ยง 92-01-02-29.5
1.
An order is required from the primary health care provider with documentation of objective
medical evidence that supports the necessity for a power mobility device directly due to the
compensable work injury.
a.
The order must be obtained and submitted to the organization prior to consideration of a
purchase.
b.
The order must include the date of an in-person office visit that coincides with the date of
the order.
2.
Prior to any power mobility device purchase, the organization shall complete a review to
determine if the most appropriate assistive device is currently being utilized by an injured
employee for the injured employee's functional needs. The review by the organization may
require the following criteria:
a.
A primary health care provider shall provide a referral for a mobility assessment.
b.
The mobility assessment must be performed by a licensed or certified occupational or
physical therapist with specific training in rehabilitation mobility or functional evaluations.
c.
The mobility assessment report must contain clear documentation of the functional limits
of standing and walking with an assistive device. Documentation contained in the mobility
assessment must support reasons why a cane, walker, or manual wheelchair cannot be
used to complete activities of daily living.
3.
If the appropriate assistive device is determined through the mobility assessment process, the
organization may begin the review for power mobility device eligibility, if appropriate.
4.
Upon completion of the mobility assessment, if a manual wheelchair, power mobility device, or
both are needed, the following must occur:
a.
A primary health care provider shall provide a referral for a wheelchair or seating
evaluation.
b.
The wheelchair or seating evaluation must be completed by an assistive technology
professional or similarly situated professional, which includes an itemization of all
elements needed for the manual wheelchair or power mobility device and matches the
functional deficits outlined in the mobility assessment.
c.
The organization may request a minimum of one itemized cost quote for the power
mobility device from the medical service provider. The organization may request a
second itemized cost quote from the medical service provider at the organization's
discretion.
5.
If the power mobility device is primarily intended for outdoor use or recreational purposes, the
device is not medically necessary.
6.
Upgrades to a power mobility device are not considered medically necessary if the upgrade is
intended primarily for luxury, outdoor, or recreational purposes. Specific items such as power
tilt or recline seating will only be approved if the injured employee is at risk of additional
medical complications, has issues with transfer, or an upgrade will help manage the injured
employee's tone and spasticity.
7.
If an injured employee does not sustain a catastrophic injury or if exceptional circumstances
do not exist as provided in subsection 5 of North Dakota Century Code section 65-05-07, but
the injured employee is approved for a power mobility device, the organization, in its sole
discretion, may approve a vehicle modification or adaptation for the injured employee, but may
not approve a vehicle purchase.
8.
All initial and replacement requests for power mobility devices must meet the criteria in this
section.
9.
An appeal of a decision made by the organization under this section must be adjudicated
pursuant to North Dakota Century Code section 65-02-20.