50-24.4-19.2. Residents with extraordinary needs

50-24.4-19.2. Residents with extraordinary needs The department shall develop criteria identifying extraordinary medical needs so severe as to make it difficult for affected persons to secure necessary care in nursing facilities. The department shall consider those extraordinary medical needs that may be associated with extensive pulmonary disease, specialized rehabilitation, and ventilator dependence. Notwithstanding any other provision of this chapter, the department may determine rates for nursing home residents with extraordinary medical needs. The department shall consider the costs of alternative care or treatment in determining rates for nursing home residents with extraordinary medical needs. A rate so determined by the department is effective for services provided after: 1. The department has agreed that the criteria are met; 2. The facility has agreed to provide necessary services at that rate; and 3. For periods when the person is not eligible for medical assistance, the person or anyone who may lawfully act on the person's behalf, has agreed to the rate.