1.    Notwithstanding section 50-24.4-19, a nursing home may receive a payment, in addition to payment of the rate set under this chapter, for the use of a private room by a resident who receives medical assistance benefits if:

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Terms Used In North Dakota Code 50-24.4-19.1

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

a.    The private room is not medically necessary; b.    The resident, or another person acting on behalf of the resident, has requested the private room and the nursing home informs the person making the request, at the time of the request, of the amount of the payment; and

c.    The payment does not exceed the amount that the nursing home charges private-paying residents for a private room under subsection 1 of section 50-24.4-19.

2.    For purposes of this chapter, a private room is a covered service only if medically necessary for the care of a resident.