50-24.7-02. Powers and duties of the department

50-24.7-02. Powers and duties of the department 1. The department shall administer expanded service payments for elderly and disabled and supervise and direct human service zones in the administration of expanded service payments for elderly and disabled. 2. The department shall pay qualified service providers at rates determined by the department, within limits of legislative appropriation, for the provision of the following services provided to eligible individuals: a. Adult day care; b. Adult family foster care; c. Case management; d. Chore services; e. Family home care; f. Homemaker services; g. Nonmedical transportation; h. Respite care; and i. Other services the department determines to be essential and appropriate to sustain an individual in the individual's home and community and to delay or prevent institutional care. 3. The department shall take actions, give directions, and adopt rules as necessary to carry out the provisions of this chapter. 4. An overpayment, whether resulting from an eligible beneficiary's or eligible beneficiary's legal representative's concealment, misrepresentation, or fraud, or from assistance granted pending a decision on an appeal adverse to the appellant, and whenever made, is subject to recovery by the department. An overpayment may be collected from any person that benefited from, or that was responsible for, the overpayment. A statute of limitations or similar statute or the doctrine of laches does not bar a claim under this chapter.