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N.D. HCBS Policy Manual 525-05-30-05 - HCBS Case Management (Client Rights, Person-Centered Planning, and Protections)

North Dakotasub-regulatoryNorth Dakota Department of Health and Human Services (HHS), Home and Community Based Services (HCBS) Division· effective 2026-07-01

What this rule requires your agency to do

  • 1The agency/case manager must ensure the individual has the primary role in developing the person-centered plan when possible, using substituted judgment reflecting the participant's documented preferences where a legally responsible person acts. (525-05-30-05)(N.D. HCBS Policy Manual 525-05-30-05 - HCBS Case Management (Client Rights, Person-Centered Planning, and Protections))
  • 2The agency must make the individual aware of their appeal rights when a case is closed, and must issue a denial notice with a right to appeal when the individual's needs exceed the service limit. (525-05-30-05)(N.D. HCBS Policy Manual 525-05-30-05 - HCBS Case Management (Client Rights, Person-Centered Planning, and Protections))
  • 3The case manager must initiate a formal Vulnerable Adult Protective Services (VAPS) referral and notify HCBS Program Administrators when abuse, neglect, or exploitation is suspected. (525-05-30-05)(N.D. HCBS Policy Manual 525-05-30-05 - HCBS Case Management (Client Rights, Person-Centered Planning, and Protections))
  • 4The case manager must review with the individual the available qualified service provider information (name, address, phone number, unit rates, limitations, and required endorsements) so the individual can make an informed choice of provider. (525-05-30-05)(N.D. HCBS Policy Manual 525-05-30-05 - HCBS Case Management (Client Rights, Person-Centered Planning, and Protections))
  • 5The agency/case manager must give each individual, and have the individual sign, a "Your Rights and Responsibilities" brochure (DN 46) annually, and keep a signed copy in the individual's file. (525-05-30-05)(N.D. HCBS Policy Manual 525-05-30-05 - HCBS Case Management (Client Rights, Person-Centered Planning, and Protections))
  • 6The agency/case manager must, during quarterly face-to-face contacts, ensure the individual is afforded the rights of privacy, dignity and respect, and freedom from coercion and restraint. (525-05-30-05)(N.D. HCBS Policy Manual 525-05-30-05 - HCBS Case Management (Client Rights, Person-Centered Planning, and Protections))

Applies to: Home and community based services (personal care / home care) delivered to elderly and disabled waiver participants; case management and qualified service provider (QSP) service delivery

The HCBS case management policy establishes client-rights obligations for individuals receiving North Dakota home and community based services: annual delivery and signing of the "Your Rights and Responsibilities" brochure, quarterly assurance of privacy, dignity, respect and freedom from coercion/restraint, notice of appeal rights on closures/denials/terminations/reductions, informed choice of QSP, primacy of the individual in person-centered planning, and mandatory reporting of suspected abuse, neglect, or exploitation.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.