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NDAC 33-03-10.1-10 — Governing Body
North DakotaregulationNorth Dakota Department of Health and Human Services
What this rule requires your agency to do
- 1The governing body must employ a qualified administrator designated in writing as responsible for all agency operations, with an identified qualified individual authorized to act in the administrator's absence (subsection 4).(NDAC 33-03-10.1-10 — Governing Body)
- 2The governing body must maintain an organizational chart and written description of services, policies and procedures, job descriptions per discipline, and the patient-records system (subsection 5).(NDAC 33-03-10.1-10 — Governing Body)
- 3The governing body must ensure development and maintenance of policies including personnel records documenting pre-employment registry/licensure checks, orientation, training, licensure verification, annual performance reviews, and aide competency evaluations (subsection 6, subdiv b).(NDAC 33-03-10.1-10 — Governing Body)
- 4The governing body must ensure a signed written agreement is in place for services from non-employees or other agencies, reviewed annually, and must obtain/maintain CLIA compliance if any laboratory testing is provided (subsections 7-8).(NDAC 33-03-10.1-10 — Governing Body)
- 5The governing body must ensure each patient is notified in writing of patient rights during the initial evaluation visit prior to initiation of treatment, covering the enumerated rights (subsection 6, subdiv c).(NDAC 33-03-10.1-10 — Governing Body)
- 6The governing body must maintain bylaws or the equivalent, reviewed annually and revised as needed, made available to all members and specifying the duties and responsibilities of the governing body (subsection 1).(NDAC 33-03-10.1-10 — Governing Body)
- 7The governing body must approve an overall plan and budget including an annual operating budget and capital expenditure plan, and provide/maintain a safe office facility compliant with local ordinances and fire regulations (subsections 2-3).(NDAC 33-03-10.1-10 — Governing Body)
- 8The governing body must be legally responsible for quality of patient care, patient safety and security, agency operations, and compliance with all federal, state, and local laws; contracts may not limit this responsibility (33-03-10.1-10 intro).(NDAC 33-03-10.1-10 — Governing Body)
Applies to: personal care
Establishes the home health agency governing body's legal responsibility for quality of care, patient safety, agency operations, and legal compliance. Requires bylaws, a qualified administrator, an organizational structure, and comprehensive written policies including personnel records, patient rights, and contracted-services agreements. Framework topic: Administration & Governance.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.