North Dakota Code § 23-41-03

Duties of the department
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The department, in administering this chapter, shall:
1. Cooperate with the federal government in the development of plans and policies for 
services for children with special health care needs.
2. Adopt rules and take any necessary action to entitle the state to receive aid from the 
federal government for services for children with special health care needs in 
conformity with title 5, part 2, of the federal Social Security Act and its amendments.
3. Take action, give directions, and adopt rules to carry out the provisions of this chapter, 
including the adoption and application of suitable standards and procedures to ensure 
uniform and equitable treatment of all applicants for services for children with special 
health care needs.
4. Cooperate with the federal government in matters of mutual concern pertaining to 
services to children with special health care needs, including the adoption of methods 
of administration found necessary by the federal government for the efficient operation 
of the plan for assistance.
5. Provide necessary qualified employees and representatives.
6. Establish and enforce a merit system as may be required under the federal Social 
Security Act, as amended through July 1, 2007 [Pub. L. 74 -271; 49 Stat. 620; 
42 U.S.C. 701 et seq.].
7. Make reports in the form and containing the information the federal government 
requires and comply with the provisions, rules, and regulations the federal government 
makes to assure the correctness and verification of a report.
8. Publish a biennial report and any interim reports necessary.
9. Provide medical food and low -protein modified food products to individuals with 
phenylketonuria or maple syrup urine disease under chapter 25-17.
10. Establish eligibility criteria for services under this chapter at one hundred eighty -five 
percent of the poverty line, except for criteria relating to Russell -Silver syndrome, 
phenylketonuria, or maple syrup urine disease treatment services for which income is 

not to be considered when determining eligibility. For purposes of this chapter, "poverty 
line" has the same meaning as defined in section 50-29-01.

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