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NDAC 33-03-10.1-03 — Application, Issuance, and Renewal of License

North DakotaregulationNorth Dakota Department of Health and Human Services

What this rule requires your agency to do

  • 1The applicant must furnish signed and notarized statements describing, within five years of application, any license limitation/suspension/revocation/refusal or Medicare/Medicaid decertification action, and any criminal proceeding related to agency operation or ownership involving the licensee or 5%-or-more owners, officers, directors, partners, or controlling persons (subsection 1, subdiv a(3)).(NDAC 33-03-10.1-03 — Application, Issuance, and Renewal of License)
  • 2The agency must notify the department in writing at least thirty days in advance of transfer/change of ownership, transfer of operating rights, name change, addition or deletion of a service, or change in geographic area served (subsection 9).(NDAC 33-03-10.1-03 — Application, Issuance, and Renewal of License)
  • 3The agency must disclose the name, address, and official position of all persons with a five percent or more ownership interest when required, and must return the license to the department upon discontinuance of operation or transfer of ownership (subsections 4, 11).(NDAC 33-03-10.1-03 — Application, Issuance, and Renewal of License)
  • 4The agency must notify the department in writing within thirty days of a change in administrative staff (as identified on the annual licensure application) or the nurse executive (subsection 10).(NDAC 33-03-10.1-03 — Application, Issuance, and Renewal of License)
  • 5An applicant must apply on the prescribed form and obtain an initial license before accepting patients for care or treatment (subsection 1).(NDAC 33-03-10.1-03 — Application, Issuance, and Renewal of License)
  • 6The agency must display the license in a conspicuous place; the license is valid only for the entity to whom issued and is not subject to sale, assignment, or transfer (subsection 8).(NDAC 33-03-10.1-03 — Application, Issuance, and Renewal of License)
  • 7An entity meeting the home health agency definition must obtain a license from the department before operating; no person or entity may establish or operate an agency or use the terms "home health agency" or "home health services" without a license (33-03-10.1-03 intro).(NDAC 33-03-10.1-03 — Application, Issuance, and Renewal of License)

Applies to: personal care

Requires any entity meeting the home health agency definition to obtain a department license before operating or accepting patients, and prohibits use of the terms "home health agency" or "home health services" without a license. Sets application, fitness-review, renewal, provisional-license, ownership-disclosure, and change-notification requirements. Framework topic: Licensure & Administration.

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