1.    At any time that the health care needs of a city, township, or other geographic area are not being adequately met, any person may apply to the department of health and human services for approval to conduct an alternative health care services pilot project. The application must address the need for and benefits of the pilot project. It must also contain a detailed description of the nature and scope of the project, quality control, organization, accountability, responsibility, and financial feasibility.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In North Dakota Code 23-01-04.3

  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

2.    Upon receipt of an application under subsection 1, the department of health and human services shall schedule a public hearing, send notice to all interested parties, and give public notice of the hearing by publication in the official newspaper of each    county in the pilot project area. At the hearing, the department of health and human services shall accept written and oral testimony. The department of health and human services shall review the application and all testimony presented at the hearing and approve, disapprove, or modify and approve the application based on criteria established by the department of health and human services. The criteria must address the availability and use of health personnel, facilities, and services.

3.    Notwithstanding any other provisions of law, upon approval of an application submitted under subsection 1, the department of health and human services, in consultation with the state health officer and any other public or private entity consulted by the department of health and human services, shall set the standards for the delivery of health care services by the pilot project. The standards may not adversely affect the state’s participation in federal Medicare and Medicaid programs. No more than three separate projects may be operational at any time and no project may be operational for longer than five years.