TITLE 75

OFFICE OF THE GOVERNOR

 

Chapter 75-10            Administrative Services

Subchapter 75-10.1    Certificates of Identity Regulations

Subchapter 75-10.2    Multipurpose Center Use Regulations

Subchapter 75-10.3    Judgment Settlement Act Rules

Chapter 75-15            Office of Military Liaison and Veteran Affairs

Subchapter 75-15.1    Veterans Cemetery Regulations

Chapter 75-20            Scholarship Advisory Board

Subchapter 75-20.1    Educational Assistance Program Rules and Regulations

Subchapter 75-20.2    Honor Scholarship Program for Post Secondary Education Rules and Regulations

Subchapter 75-20.3    Post Secondary Teacher Education Program Scholarship Rules and Regulations

Chapter 75-30            Certificate of Need Regulations

Chapter 75-40            Special Industry Committees Rules and Regulations

Chapter 75-50            Medical Referral Program Rules and Regulations

Chapter 75-60            Council on Developmental Disabilities

Subchapter 75-60.1    Commonwealth Respite Services Program Administrative Rules and Regulations

 

CHAPTER 75-10

ADMINISTRATIVE SERVICES

 

SUBCHAPTER 75-10.1

CERTIFICATES OF IDENTITY REGULATIONS

 

Subchapter Authority: 3 CMC § 4123; Executive Order 94-3 § 201.

 

Subchapter History: Adopted 17 Com. Reg. 13819 (Nov. 15, 1995) (repealing the 1978 Certificates of Identity Regulations); Proposed 17 Com. Reg. 13724 (Oct. 15, 1995); Adopted 1 Com. Reg. 47 (Nov. 16, 1978); Proposed 1 Com. Reg. 33 (Oct. 16, 1978).

 

Commission Comment: 1 CMC §§ 2051-2053 create an Office of the Governor within the Commonwealth government, charged with the duties provided by law.

 

PL 1-8, tit. 1, ch. 3, §§ 5 and 6 (effective Aug. 10, 1978) originally created an Office of Immigration and Naturalization within the Office of the Attorney General, responsible for the day-to-day supervision and administration of matters involving immigration, emigration and naturalization. See 1 CMC §§ 2171-2172 (1999).

 

PL 1-6 (effective July 14, 1978), codified at 3 CMC §§ 4121-4132, provides for the issuance of certificates of identity to interim citizens of the United States, as defined in the act. See 3 CMC § 4121. 3 CMC §§ 4122 and 4123 authorize the Chief of Immigration to issue certificates of identity and to promulgate rules and regulations to accomplish the purposes of the act and enforce its provisions.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 §§ 103, 201 and 301:

 

Section 103. Department of Commerce.

 

The Department of Commerce and Labor is redesignated the Department of Commerce.

Section 201. Passports and Certificates of Identity.

 

The functions of the Attorney General and the Immigration and Naturalization Officer (including those as Chief of Immigration) relating to Certificates of Identity or United States passports are transferred to the Governor and delegated to the Special Assistant for Administration. The Special Assistant for Administration may designated any qualified officer or employee of the Commonwealth Government to serve as an examining officer pursuant to 3 CMC § 4126.

 

Section 301. Department of Labor and Immigration.

 

(a)          Department Established. The is hereby established a Department of Labor and Immigration which shall have at its head a Secretary of Labor and Immigration.

(c)          Immigration.

(1)          The Office of Immigration and Naturalization is re-designated the Immigration Service and is transferred to the Department of Labor and Immigration as a division of that department. The Immigration Service shall have at its head a Director of Immigration, who shall have all the powers assigned by law to the Immigration and Naturalization Officer, except any power transferred pursuant to Section 201 of this plan. The position of Immigration and Naturalization Officer is abolished.

(2)          All functions of the Attorney General relating to immigration and naturalization, are transferred to the Secretary of Labor and Immigration except:

(A)         any function transferred pursuant to Section 201 of this plan,

(B)         the hearing of immigration appeals as provided in 3 CMC § 4336(d), and

(C)         the constitutional function of legal representation.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

Executive Order 03-01 (effective May 9, 2003), the “Department of Labor and Immigration Reorganization Plan of 2003,” returned the immigration functions of the executive branch to the Office of the Attorney General. According to Executive Order 03-01 § 101:

 

Section 101. Office of the Attorney General: Division of Immigration. The Division of Immigration, Department of Labor and Immigration is transferred to the Office of the Attorney General to be headed by a Director of Immigration who shall be appointed and serve at the pleasure of the Attorney General. The position shall be exempted from the civil service system pursuant to PL 13-1.

(a)          The Director of Immigration shall:

(1)          have powers and duties set forth in 3 CMC § 4311;

(2)          enforce, under the supervision of the Attorney General, 3 CMC §§ 4121 et seq., the Commonwealth Entry and Deportation Act, as amended; and

(3)          perform any function regarding immigration and naturalization matters including passport matter transferred pursuant to Executive Order 94-3, § 201 to the Special Assistant for Administration.

 

See 1 CMC §§ 2171-2173 (2004); see also the commission comment to NMIAC chapter 5-40.1.

 

Executive Order 2007-09 transfers “all functions of the Office of the Governor relating to certificates of identity or United States passports” to the Office of the Attorney General, Division of Immigration. 29 Com. Reg. 26699 (Aug. 17, 2007). EO 07-09 was signed on August 1, 2007. Section 206 of EO 07-09 provides that the effective date shall be 60 days after submission to the legislature unless specifically modified or disapproved by a majority of the members of each house of the legislature. 29 Com. Reg. 26700 (Aug. 17, 2007). As of August 31, 2007, EO 07-09 had not been modified or disapproved by the legislature.

 

The Office of Immigration and Naturalization promulgated the 1978 Certificates of Identity Regulations pursuant to PL 1-6.

 

On October 15, 1995, the Office of the Special Assistant for Administration, Office of the Governor, published notice of intent to repeal “existing regulations concerning application and procedures regarding the issuance of certificates of identity” pursuant to Executive Order 94-3 § 201. According to the public notice:

 

It has been brought to this Office’s attention that some residents of the Commonwealth continue to request the issuance of certificates of identity pursuant to 3 CMC §§ 4111 et seq. (Public Law 1-6) and the rules and regulations adopted by the Chief of Immigration Service pursuant to 3 CMC § 4123 (located in Volume 1 No. 2 of the Commonwealth Register, pages 47-52). However, the intended purpose of Public Law 1-6 has long been satisfied. The issuance of certificates of identity was intended to be for a limited duration and only for those residents defined by 4 CMC § 4111 to be interim citizens of the United States until such time as the Covenant was fully implemented with the official termination of the Trusteeship Agreement.

 

The termination occurred with the issuance of Presidential Proclamation No. 5564 on November 3, 1986 (51 Fed. Reg. 40399 (Nov. 3, 1986), reprinted in the Commonwealth Code preface materials). Afterwards, there was no further need for the Commonwealth Government to issue certificates of identity. The Proclamation effectively implemented Section 301 of the Covenant, thereby establishing the right of U.S. citizenship to those persons who had been deemed to be interim citizens. Those persons who had been interim citizens became eligible to apply for U.S. Passports.

 

U.S. citizens residing in the Commonwealth who desire to travel either to a foreign country or to another U.S. jurisdiction can and should do so with a U.S. Passport issued by the Passport Office of the U.S. Department of State. U.S. citizens residing in the Commonwealth are encouraged to file an application with our local U.S. Passport Office located at the Joeten Building in Dandan, Saipan, MP 96950. (Please refer to the attached documents for more information on Application Requirements for U.S. Passports, as well as other related info.).

 

Therefore, because there is no valid government function served by the continued issuance of such certificates, and in accordance with the Governor’s September 12, 1995, memorandum, it is this Office’s intention to repeal existing Rules and Regulations concerning applications and procedures regarding the issuance of certificates of identity.

 

See 17 Com. Reg. at 13725 (Oct. 15, 1995).

 

[Regulations repealed by subsequent regulation.]


 

 

SUBCHAPTER 75-10.2

MULTIPURPOSE CENTER USE REGULATIONS

 


Part 001          General Provisions

§ 75-10.2-001 Purpose

Part 100          Use of Multipurpose Center and Related Facilities

§ 75-10.2-101 Location and Description

§ 75-10.2-105 Reservations for Use of the Multipurpose Center

§ 75-10.2-110 Use of the Multipurpose Center

Exhibit A        Agreement Form


 

Subchapter Authority: 4 CMC § 1601 (repealed by PL 9-22 effective retroactively to Jan. 1, 1995).

 

Subchapter History: Adopted 17 Com. Reg. 13835 (Nov. 15, 1995); Proposed 17 Com. Reg. 13636 (Aug. 16, 1995).

 

Commission Comment: 1 CMC §§ 2051-2053 create an Office of the Governor within the Commonwealth government, charged with the duties provided by law.

 

PL 3-11 § 601, formerly codified at 4 CMC § 1601, authorized the executive branch departments and independent agencies to impose by regulation user fees to recover the administrative costs associated with the department’s services. PL 9-22 § 1 (effective retroactively to Jan. 1, 1995), a comprehensive tax code revision, repealed and reenacted 4 CMC division 1, chapters 2 through 7. The provisions of former 4 CMC § 1601 were not reenacted.

 

PL 11-106 (effective October 8, 1999), the “Parks and Recreation Act of 1998,” codified at 1 CMC §§ 2701-2708, establishes the Division of Parks and Recreation within DLNR. 1 CMC § 2701. 1 CMC § 2703 directs the Division, in part, to manage, maintain and beautify Commonwealth parks and recreational facilities as defined in the act. 1 CMC § 2705 authorizes the Division to adopt rules and regulations for the proper administration of its duties under the act. PL 11-106 § 7 provides that, except as provided in the act, any powers or duties relative to Commonwealth parks and recreational facilities previously charged to any other government entity shall be transferred to the Division.

 

The authority of the Office of the Special Assistant to promulgate these regulations may have been repealed by PL 9-22 and PL 11-106.

 

Part 001 -       General Provisions

 

§ 75-10.2-001 Purpose

 

The Office of the Special Assistant, Office of the Governor, promulgates the regulations in this subchapter governing the use of the Multipurpose Center in Susupe to ensure the proper maintenance and security of the facilities, and to establish user fee to defray utilities and maintenance costs of the center’s interior and exterior. The Office of the Governor promulgates these regulations pursuant to the authority granted to it in 4 CMC § 1601.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 17 Com. Reg. 13835 (Nov. 15, 1995); Proposed 17 Com. Reg. 13636 (Aug. 16, 1995)..

 

Commission Comment: PL 3-11 § 601, formerly codified at 4 CMC § 1601, authorized the executive branch departments and independent agencies to impose by regulation user fees to recover the administrative costs associated with the department’s services. PL 9-22 § 1 (effective retroactively to Jan. 1, 1995), a comprehensive tax code revision, repealed and reenacted 4 CMC division 1, chapters 2 through 7. The provisions of former 4 CMC § 1601 were not reenacted.

Part 100 -       Use of Multipurpose Center and Related Facilities

 

§ 75-10.2-101 Location and Description

 

The Multipurpose Center is located in Civic Center Susupe directly south of the CNMI Superior Court Building. The construction of the center was made possible by the community development block grants (CDBG). Furthermore, the funding for the furniture and equipment which made the facility operational was provided by the Office of the Governor.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 17 Com. Reg. 13835 (Nov. 15, 1995); Proposed 17 Com. Reg. 13636 (Aug. 16, 1995).

 

Commission Comment: The Commission changed “furnitures and equipments” to “furniture and equipment” to correct a manifest error.

 

§ 75-10.2-105 Reservations for Use of the Multipurpose Center

 

(a)       Any individual, group, or organization wishing to use the center for either private or government functions must make reservations for the desired date of use with the Administrative Services, Office of the Governor.

 

(b)       All applicants must complete and sign an agreement form containing all the necessary information for reserving the center. Agreement forms may be obtained at the Administrative Services Office, Office of the Governor (phone number 664-2200/1/2 or 664-2213). A copy of the agreement form is reprinted at the end of this subchapter as exhibit A.

 

(c)       A non-refundable deposit of $100.00, made payable to the CNMI Treasurer, must accompany the completed agreement form at least three working days before the date of use. A $100.00 user fee will be charged for each day that the center’s main auditorium is reserved, and a $50.00 user fee will be charged for each day that the mini-conference room is reserved (any adjustments on fee amounts will be made upon applying). Reservations are not guaranteed until receipt of the agreement form along with the deposit by the Administrative Services Office. The Administrative Services Office reserves the right to cancel any reservations not guaranteed three days prior to the reserved date of use, and will notify the applicant of such cancellation.

 

(d)       Cancellation of a reservation by the applicant should be communicated to the Administrative Services Office at least two days prior to the reserved date of use. If the applicant does not provide the necessary advance notice of cancellation, the applicant will not be entitled to a refund of the deposit.

 

(e)       Reservations will be accepted on a first-come first-serve basis. However, special consideration will be given to important official or government functions; for example, state memorial services.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Adopted 17 Com. Reg. 13835 (Nov. 15, 1995); Proposed 17 Com. Reg. 13636 (Aug. 16, 1995).

 

§ 75-10.2-110 Use of the Multipurpose Center

 

(a)       The person or persons and/or agency/organization whose name(s) appear on the agreement form for the use of the Multipurpose Center shall be referred to as the lessee. The lessee shall be held responsible for ensuring that the regulations in this subchapter governing the use of the Multipurpose Center are followed and upheld.

 

(b)       The lessee of the Multipurpose Center is not authorized to paint, drill, nail or tack anything on the wall or ceiling inside and outside the building.

 

(c)       The lessee is responsible to bring their own supplies and materials for their activities.

 

(d)       The lessee is responsible in disposing all its trash or debris in the garbage receptacles. Lessee is to ensure that the building is thoroughly cleaned after usage.

 

(e)       The lessee is not authorized to operate/remove or deface any of the government properties inside or outside the building.

 

(f)        Smoking, alcohol drinking, chewing betel-nut or gums are not allowed inside the building.

 

(g)       Lessee is responsible for removing any articles they or their group brought to the Multipurpose Center.

 

(h)       Lessee is responsible for the cleanliness and security of the center and its facilities. In the event of damage or theft to the center, the Office will assess the costs of the damage or theft, and seek reimbursement from lessee.

 

(i)        Lessee’s failure to comply with the requirements established in this subchapter regarding maintenance and security of the center and its facilities will result in lessee being barred from future use of the center. In addition, lessee may be assessed a penalty of up to $500.00 for littering a public facility.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Adopted 17 Com. Reg. 13835 (Nov. 15, 1995); Proposed 17 Com. Reg. 13636 (Aug. 16, 1995).

 

Commission Comment: In subsection (f), the Commission corrected the spelling of “betel-nut.”


 

 

Exhibit A

Agreement Form

Name of Applicant: ___________________________________________________________

Name of Organization: _________________________________________________________

Mailing Address: _____________________________________________________________

Telephone No.: ________________  Fax No.: ________________

Reservation Date(s): _____________           Time: __________________

Fee Collected: $________________

 

I, the undersigned hereby read and understand the enclosed rules and regulations imposed by the Management of the Multipurpose Center. I also hereby waive any and all liabilities on the part of the Commonwealth government of the Northern Mariana Islands.

________________________________        ____________

Applicant’s Signature                                    Date

____________________________                ________________

Administrative Services,                                Date

Office of the Governor

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 17 Com. Reg. 13835 (Nov. 15, 1995); Proposed 17 Com. Reg. 13636 (Aug. 16, 1995).


 

SUBCHAPTER 75-10.3

JUDGMENT SETTLEMENT ACT RULES

 


Part 001          General Provisions

§ 75-10.3-001 Judgment Settlement Act of 2013

§ 75-10.3-005 Office of the Governor

§ 75-10.3-010 Judgment Plaintiffs/Judgment Claims

§ 75-10.3-015 Application for Participation

§ 75-10.3-020 Tax Credits

§ 75-10.3-025 Limitation on Use of Tax Credits

§ 75-10.3-030 Judgment Settlement Alternatives

§ 75-10.3-035 Full Settlement of Claim

§ 75-10.3-040 No Tax Credits for Interest or Penalty Claims

§ 75-10.3-045 Transfer of Judgment Plaintiff’s Interest

§ 75-10.3-050 Deceased Judgment Plaintiff

§ 75-10.3-055 Tax Credits Must be Reported as Income

§ 75-10.3-060 Limits on Transfer of Tax Credits

§ 75-10.3-065 Unauthorized Transfers

§ 75-10.3-070 Tax Credits May be Sold or Given as Gifts

§ 75-10.3-075 Transfer Must Comply with Requirements

§ 75-10.3-080 Compliance with Department of Finance Requirements

§ 75-10.3-085 Further Modification of Rules

§ 75-10.3-090 Further Explanation

 

Exhibit A        Judgment Settlement Act of 2013 Implementation Plan

Exhibit B        Judgment Settlement Alternative Application Form

Exhibit C        Delinquent Tax Liability Judgment Settlement Alternative Contract Template Form

Exhibit D        Annual Allocation Judgment Settlement Alternative Contract Template Form

Exhibit E        Reduced Judgment Settlement Alternative Contract Template Form

Exhibit F         Transfer of Tax Liability Credit Application Form

Exhibit G        Tax Liability Credit Annual Report


 

Subchapter Authority: 1 CMC §§ 2051-2053; 1 CMC § 7207(b).

 

Subchapter History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: 1 CMC §§ 2051-2053 create an Office of the Governor within the Commonwealth government, charged with the duties provided by law. 1 CMC § 7207(b) authorizes the Governor to negotiate settlement and payments of judgments entered against the government.

 

This chapter was adopted as a set of rules other than regulations pursuant to 1 CMC §§ 9101(m) and 9105(b).

 

Part 001 -       General Provisions

 

§ 75-10.3-001 Judgment Settlement Act of 2013

 

The purpose of adoption of these rules (“Rules”) is to provide a structure for implementation of the “Judgment Settlement Act of 2013” (“Act”).

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

§ 75-10.3-005 Office of the Governor

 

These rules are adopted under authority of the Office of the Governor as provided under his executive authority and shall be effective as of date of adoption. Commonwealth Constitution, art. III, 1 CMC §§ 9101(m) (definition of the term rule), (n) (rule making process), 9102 (publication of rules and orders), 9103 (compilation of rules), 9105 (filing and effective dates of rules).

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

§ 75-10.3-010 Judgment Plaintiffs/Judgment Claims

 

Under the structure of these Rules an administrative structure for implementation of the terms of the Act is provided to address claims of plaintiffs (“Judgment Plaintiffs”) against the Commonwealth of the Northern Mariana Islands (“Commonwealth”) which have been reduced to judgment by a court of competent jurisdiction (“Judgment Claims”).

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission inserted a period at the end of the section pursuant to 1 CMC § 3806(g).

 

§ 75-10.3-015 Application for Participation

 

Under these Rules, plaintiffs may file an application (“Applicant”) on forms established by the Commonwealth and supplying the required information (“Complete Application”). Applications which are incomplete shall be rejected and shall not be considered until meeting the requirement for a complete application. Complete applications shall be considered for participation in the program in the order received.

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “plaintiffs” and “complete application” pursuant to 1 CMC § 3806(f).

 

§ 75-10.3-020 Tax Credits

 

The consideration provided by the Commonwealth for satisfaction of the judgment claims is limited to tax credits and no cash or any other consideration is provided.

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “judgment claims” and “tax credits” pursuant to 1 CMC § 3806(f).

 

§ 75-10.3-025 Limitation on Use of Tax Credits

 

The use of tax credits is limited to amount of Commonwealth tax liability owed by the taxpayer and cannot be used to produce a tax liability overpayment. Additionally, tax credits cannot be used to satisfy any liability of the taxpayer for taxes that he has collected from another party and which he is holding in trust for the Commonwealth (e.g., wage and salary tax withholding, hotel tax).

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “tax credits,” “wage and salary tax withholding,” and “hotel tax” pursuant to 1 CMC § 3806(f).

 

§ 75-10.3-030 Judgment Settlement Alternatives

 

Under these rules, plaintiffs may request settlement of their judgment claim through one of three judgment settlement alternatives (“Settlement Alternatives”): (a) Existing Delinquent Tax Liabilities Settlement Alternative; (b) Annual Allocation Settlement Alternative; and (c) Reduced Judgment Settlement Alternative (collectively “Judgment Settlement Alternatives”). These judgment settlement alternatives are briefly discussed in the sections that follow.

 

(a)       Existing Delinquent Settlement Alternative. Under this program, judgment plaintiffs who have existing delinquent Commonwealth tax liabilities (“Delinquent Taxes”) can use the value of the judgment claim to satisfy these liabilities. Any amount of the judgment claim that is in excess of the delinquent taxes shall be provided annual tax credits under the second alternative judgment settlement alternative, “Annual Allocation Judgment Settlement Alternative Program” as discussed below.

 

(b)       Annual Allocation Judgment Settlement Alternative. Under this program, judgment plaintiffs shall receive an annual allocation of tax credits that can be used for settlement of Commonwealth tax liabilities. Under this structure the Commonwealth will set aside an annual amount of tax liability credits of not less than two million dollars that will then be divided among all participants in this settlement alternative. Thus, if 100 judgment plaintiffs participate and the annual allocation is $2,000,000 each participant would be allocated $20,000 in tax credits (“Tax Credits”) or until their judgment claim is satisfied. The tax credits in this settlement alternative received may be transferred to another as a gift or sold for cash by the judgment plaintiff.

 

(c)       Reduced Judgment Settlement Alternative. The third settlement alternative is the Reduced Judgment Settlement Alternative which provides an accelerated satisfaction of the judgment claim using tax credits in return for reduction in the value of the judgment claim. Under this structure, the judgment plaintiff must agree to reduction in the value of the judgment claim of at least one-third and in return will be provided tax credits for the remaining reduced value in the succeeding tax year. Like the Annual Allocation Judgment Settlement Alternative, the tax credits received may be transferred to another as a gift or sold by the judgment plaintiff.

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “rules,” “judgment claim,” “judgment plaintiffs,” “delinquent taxes,” “tax credits,” and “settlement alternative” pursuant to 1 CMC § 3806(f).

 

§ 75-10.3-035 Full Settlement of Claim

 

Participation in the Settlement Act Program requires complete extinguishment of the plaintiff’s judgment claim. Thus, you cannot ask for ½ of your judgment claim to be addressed with tax credits.

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “plaintiff’s,” “judgment claim” and “tax credits” pursuant to 1 CMC § 3806(f). The Commission corrected the spelling of the word “claim” pursuant to 1 CMC § 3806(g).

 

§ 75-10.3-040 No Tax Credits for Interest or Penalty Claims

 

Tax credits are not provided for interest or penalties and any value associated with penalties and interest in the judgment claim will be considered as extinguished and settled in return for the tax credits provided.

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “judgment claim” and “tax credits” pursuant to 1 CMC § 3806(f).

 

§ 75-10.3-045 Transfer of Judgment Plaintiff’s Interest

 

If the judgment plaintiff has transferred his interest to another, this transfer must comply with the Commonwealth Statute of Frauds (i.e., written transfer of the identified judgment claim signed by the judgment plaintiff) (preferably notarized).

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “judgment plaintiff” and “judgment claim” pursuant to 1 CMC § 3806(f).

 

§ 75-10.3-050 Deceased Judgment Plaintiff

 

If judgment plaintiff is deceased, an applicant must establish pre-death transfer that complies with the Statute of Frauds (preferably notarized) requirements or transfer of claim authorized by probate proceedings.

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “judgment plaintiff” and “probate proceedings” pursuant to 1 CMC § 3806(f). The Commission corrected the spelling of the phrase “Statute of Frauds” pursuant to 1 CMC § 3806(g).

 

§ 75-10.3-055 Tax Credits Must be Reported as Income

 

Tax credits received by a judgment plaintiff are considered as revenue and must be reported on appropriate tax forms unless the judgment is for a personal injury claim.

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “tax credits” and “judgment plaintiff” pursuant to 1 CMC § 3806(f).

 

§ 75-10.3-060 Limits on Transfer of Tax Credits

 

Once an applicant has been awarded tax credits, they may only be transferred once. Thus, anyone who receives tax credits from someone who has been awarded them may not transfer to another except as part of a noncompensated decedent estate transfer.

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “tax credits” pursuant to 1 CMC § 3806(f).

 

§ 75-10.3-065 Unauthorized Transfers

 

Any unauthorized transfer will result in denial of the use of the tax credit by the attempted transferee and cancellation of the value of the attempted transferor tax credits without further consideration.

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “tax credit” pursuant to 1 CMC § 3806(f).

 

§ 75-10.3-070 Tax Credits May be Sold or Given as Gifts

 

The party to whom tax credits are awarded, may transfer them only once to another either as a gift or sale. Under this structure, a party who originally received the tax credits (and only this original party) may convert tax credits into cash. The amount of the cash received for the tax credits is strictly between the seller and buyer. No other sale or transfer other than from the plaintiff judgment is allowed other than through probate proceedings. The fair market value of any consideration received for transfer of these tax credits must be reported by the recipient as income. If the recipient transfers the tax credits for less than the face value of the judgment, then he can claim a loss. No loss can be claimed if the transfer was a gift.

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “tax credits,” “probate proceedings,” and “plaintiff judgment” pursuant to 1 CMC § 3806(f).

 

§ 75-10.3-075 Transfer Must Comply with Requirements

 

All transfers of tax credits must apply for transfer authorization and receive approval of the Commonwealth prior to the transfer being effective.

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “tax credits” pursuant to 1 CMC § 3806(f).

 

§ 75-10.3-080 Compliance with Department of Finance Requirements

 

All tax credits awarded under this program must comply with reporting requirements and procedures established by the Department of Finance and Division of Revenue & Taxation.

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “tax credits” pursuant to 1 CMC § 3806(f). The Commission inserted a period at the end of the section pursuant to 1 CMC § 3806(g).

 

§ 75-10.3-085 Further Modification of Rules

 

The Office of the Governor reserves the right to modify these rules from time to time as required.

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the word “rules” pursuant to 1 CMC § 3806(f).

 

§ 75-10.3-090 Further Explanation

 

These Rules are further explained and interpreted by the attached “Judgment Settlement Act of 2013 Implementation Plan.” [Exhibit A]

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the word “rules” pursuant to 1 CMC § 3806(f).


 

Exhibit A

Judgment Settlement Act of 2013 Implementation Plan

 

I. Judgment Settlement Act of 2013

 

P.L. 18-37 (“Judgment Settlement Act of 2013”) provides authority to the Governor to negotiate settlement of the outstanding $27 million in judgments that are pending against the Commonwealth. P.L. 18-37 § 2. The settlement of judgments is a direct expense of the government and generally must be included in annual budget allocations which would require deferment of other expenditures. Since the total Commonwealth budget for the upcoming year is $137 million inclusion of $27 for payment of judgments would require a 19.7% reduction of proposed services. This amount of reduction would affect all essential services of the Commonwealth and thus is unacceptable. To avoid such an impact, an alternative approach to resolution of these claims is required.

 

In the development of an alternative approach, four factors had to be considered:

 

1 . Participation in the program must be strictly voluntary and plaintiffs with existing judgments (“Judgment Plaintiffs”) may retain their current claim status or choose to participate in a settlement alternative;

2. The proposed judgment settlement structure must minimize impact on current and future budget revenues in order to avoid layoffs and service reductions;

3. Settlement programs using revenues from current and future budgets must include legislative budget authorization; and

4. The program should provide the Governor with flexible authority to negotiate individual settlements.

 

II. Judgment Settlement Alternatives

 

Using the four criteria identified, a program has been developed that focuses on the use of tax credits. Under this program, judgment plaintiffs may apply for Commonwealth tax credits which can be either used to satisfy their own Commonwealth tax liabilities or sold to third parties for use by such third parties to offset their Commonwealth tax liabilities. In order to accommodate the varying needs of judgment plaintiffs, three alternative voluntary settlement structures (“Voluntary Settlement Alternatives”) are provided:

 

A. Delinquent Commonwealth Tax Liability Judgment Settlement Alternative

 

The first voluntary settlement alternative is for judgment plaintiffs that have existing delinquent tax liabilities to the Commonwealth. Under this program, a dollar for dollar tax credit is provided for the full principal amount of the existing Commonwealth judgment (not to include any portion of such judgment associated with interest or penalties). The amount of the judgment claim is reduced by the amount of the tax credit required to satisfy existing liabilities owed to the Commonwealth. If there is a balance in the amount of the judgment after deduction for the existing tax liabilities, this can be satisfied by using the Annual Allocation Judgment Settlement Alternative discussed below.

Illustrative of this alternative, if a judgment plaintiff has a judgment claim against the Commonwealth of $100,000, and has existing tax obligations to the Commonwealth of $60,000, he/she could apply to use $60,000 of the judgment value to satisfy existing liabilities and have the $40,000 satisfied by either the Annual Allocation Settlement Alternative or Reduced Judgment Settlement Alternative discussed below. Restricting the use of this program to judgment plaintiffs with existing delinquent liabilities to Commonwealth would minimize the impact on current budget revenues as these are delinquent accounts from prior fiscal periods and not projected at full value collection in the current fiscal year.

 

B. Annual Allocation Judgment Settlement Alternative

 

The second voluntary judgment settlement alternative is to provide an annual budget allocation that would be divided proportionally among all participating judgment plaintiffs. Under this program the Governor would include an annual appropriation in future budgets that would provide tax credits to all participants (“Annual Tax Credit Allocation”). These annual tax credit allocations could be used by each of the judgment plaintiffs or transferred to a third party.

 

The provision of this ability to transfer the annual tax credit allocations allows judgment plaintiffs the option to sell the credits for cash or other consideration. Due to the complexity associated with transfer of tax credits, all transfers will have to be reported to the Commonwealth Division of Revenue & Taxation and only one transfer is permitted—that from the judgment plaintiff to a third party.

 

As an illustration of this structure, if a budget allocation of $3 million is provided and there are judgment plaintiffs who chose to participate who in total have $15 million in plaintiff judgment claims (non-inclusive of any claims for interest or penalties) each judgment plaintiff would receive a tax credit allocation equal to twenty percent of their outstanding plaintiff judgment claim and have the total value of participating plaintiff judgment claims reduced to $12 million. In subsequent budget years this process would be repeated until all plaintiff judgment claims are satisfied.

 

C. Reduced Judgment Settlement Alternative

 

The third voluntary judgment settlement program provides a structure for quick resolution of claims based on a negotiated reduction of the value of the judgment. Under this structure, the Governor has authority to negotiate settlements of plaintiff judgments and include the payment in the succeeding budget using tax liability credits. Like other judgment settlement structures, the tax liability credits can be transferred once to a third party for cash. Because this settlement alternative will have a significant impact on the succeeding year’s budget, and allow immediate conversion to cash value, applicants are required to agree to a reduction of at least 33% in the dollar value of the plaintiff’s judgment and the foregoing of any accumulated or future interest and penalties.

 

Illustrative of this program, an individual with a one million dollar claim who agreed to a 33% reduction would receive tax liability credits of $670,000.00 which could then be converted to cash through sale to a third party in the succeeding budget year.

III. General Principles

 

All settlement alternatives require that the full value of the plaintiff’s judgment be included so as to provide satisfaction of the full claim. Because of the complexity associated with the provision of tax liability credits, all parties seeking to participate in this program will be required to comply with applicable rules established by the Office of the Attorney General in coordination with the Department of Finance. These rules establish requirements associated with: (1) limits on use; (2) tax reporting requirements; (3) transfer restrictions; and (4) documentation. These requirements are briefly discussed below.

 

A. Tax Credit Use Restrictions

 

As one of the general objectives of this implementation plan is to reduce the impact on the Commonwealth’s annual budget, use of tax credits in this program are limited to actual tax liabilities due. Thus the tax credits can never be used to overpay tax liability that would result in a tax refund. An additional limit on the use of tax credits is that they cannot be used for payments of tax liability in which the party is collecting taxes from another that are being held in trust for the Commonwealth such as the hotel tax, and the wage and salary tax withholding requirements. 4 CMC § 1804 (wage and salary tax withholding by employer). Finally, as has been previously stated, tax credits cannot be used for tax liabilities to the United States or any agency other than the Commonwealth of the Northern Mariana Islands.

 

B. Tax Reporting

 

The receipt of consideration through a judgment is generally considered income (unless for personal injury). Because of this, any consideration received by the judgment plaintiffs through the judgment settlement alternatives must be included in income of the recipient. If the consideration provided is tax credits, the face value of these credits is required to be reported. If the tax credits are subsequently sold for an amount less than their face value, this would be considered a loss for tax purposes.

 

C. Transferability of Judgment Claims

 

The concept of transferability impacts this program in three situations: (1) Transfer of a judgment interest during lifetime of the original plaintiff; (2) transfers after death of the original plaintiff; and (3) transfers made after entering into a settlement agreement with the Commonwealth. These three scenarios are briefly discussed below.

 

1. Transfer of Judgment Claims During Lifetime

 

A judgment claim is considered personal property of the plaintiff owner. A judgment claim like almost any property interest can be readily transferred from the original plaintiff to another. A writing is not always required for transfer of this property right, although it is unlikely that a liable defendant would recognize an oral transfer of this claim against him. Additionally, the defendant in any judgment would want assurances from the original plaintiff that any payment of this judgment would be applied against the claim of the original plaintiff. Additionally, if the

judgment claim is not settled within one year of award, the Commonwealth Statute of Frauds would require a writing, signed by the original plaintiff, specifically indicating in some manner that his interest in the judgment claim at issue is being transferred to another. Therefore, for the Commonwealth to recognize the transfer of a judgment claim from the original plaintiff to another requires the provision of written documentation indicating a transfer of this property interest to the person claiming this interest and signed by the original plaintiff. This claim of transfer would be enhanced if the signature of the original plaintiff on the transfer document is notarized.

 

2. Transfers of Judgment Claims After Death

 

A judgment claim belonging to a decedent is difficult to transfer because of probate requirements. Once a party dies consideration must be provided of all of the debts of the decedent plus Commonwealth laws controlling division of estates before actual property rights may be transferred. This process of evaluation of claims, statutory requirements and wishes of the decedent is provided by the Commonwealth Superior Court in probate proceedings. Under Commonwealth law, clear title to property owned by a decedent at the time of death cannot be established without the use of probate proceedings. Because of this, the Commonwealth requires applicants who received their interest from a decedent to show that the estate has been probated in order to consider these judgment claims for inclusion in Settlement Act programs.

 

3. Transfers of Tax Credits Received through the Settlement Act

 

The third area of judgment claim transfer concerns tax credits received through participation in the Settlement Act. The Commonwealth is required to maintain detailed records on the tax liability of each individual and associated payment history. The establishment of transferable tax credits creates challenges to the government as these credits must be properly monitored to prevent their misuse and ownership. This tracking requirement is further complicated by the fact that the credits may be used over several years.

 

In order to provide a structure that limits the associated complexities of this program, the Commonwealth hereby limits the transfer of any awarded Judgment Settlement Act tax credits to a single transfer from the party to whom the Commonwealth awards the tax credits to a third party. Any further transfer will not be recognized by the Commonwealth. Any proposed transfer must first submit a transfer application for approval to the Department of Revenue & Taxation (attached). Any transfers consummated without the prior approval of the Department of Revenue & Taxation are null and void.

 

D. Documentation

 

In order to properly track all tax credits, participating plaintiffs will be provided with annual document indicating the amount of credits currently available for use and the remaining value of existing tax credits. A copy of this proposed form is attached.

 

E. Judgment Settlement Alternative Forms

 

The application and forms applicable to the three judgment settlement alternatives are attached and are available from the Department of Finance and the Department of Revenue & Taxation in Dandan and on their website at: http://www.cnmidof.net/

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected capitalization throughout the exhibit pursuant to 1 CMC § 3806(f). The Commission corrected the word “chose” to “choose” pursuant to 1 CMC § 3806(g). The Commission struck the figure “20%” pursuant to 1 CMC § 3806(e).

 


 

Exhibit B

Judgment Settlement Alternative Application Form

 

Commonwealth of the Northern Mariana Islands

Division of Revenue & Taxation

Judgment Settlement Alternative Application Form

 

Date:                           _______________

 

Case Number:             ___________________ (attach copy of judgment)

 

Value of Judgment (Excluding any interest and penalties)  $________

 

Plaintiff Applicant(s):

 

_______________________              ________________                ___________________

Print name                                          Taxpayer id. #                         e-mail

_______________________              ________________                ___________________

Print name                                          Taxpayer id. #                         e-mail

_______________________              ________________                ___________________

Print name                                          Taxpayer id. #                         e-mail

 

Contact Person:          _________________________

 

Telephone Number:    _________________________

 

e-mail:                                    _________________________

 

Judgment Settlement Alternative Requested (refer to fact-sheet on Settlement Alternatives to obtain information on program details)

 

Delinquent Tax Liability Judgment Settlement Alternative

 

Annual Allocation Judgment Settlement Alternative

 

Reduced Judgment Settlement Alternative

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).


 

Exhibit C

Delinquent Tax Liability Judgment Settlement Alternative Contract Template Form

 

Agreement Between the Commonwealth of the Northern Mariana Islands and ________________ to Resolve an Existing Judgment Claim

 

This document entered into this ___ day of the month of __________ 20___ is an agreement (“Agreement”) between the Commonwealth of the Northern Mariana Islands, a duly established government whose address is Caller Box 10007 Saipan, MP 96950 (“Commonwealth”) and _______________ a (individual, corporation, partnership) whose address is ________________ (“Plaintiff(s)”) in order to provide a structure for settlement of an existing judgment of the Plaintiff(s) against the Commonwealth using tax credits.

 

I. Recitals

 

Whereas, the Commonwealth as a duly established government has sovereign immunity from lawsuits unless specifically authorized; and

 

Whereas, Commonwealth law (1 CMC § 7207) provides that no court may order the disbursement of funds from the Commonwealth Treasury or order the reprogramming of funds in order to provide for such disbursement; and

 

Whereas, Commonwealth law (1 CMC § 7207) provides that any final judgment of a court (“Judgment”) shall be paid only pursuant to an item of appropriation for settlements and awards (“Budget Appropriation”); and

 

Whereas, the Commonwealth has current existing Judgments that exceed $27 million which have been established for many years and not received Budget Appropriation; and

 

Whereas, P.L. 18-37 provides discretionary authority to the Governor to negotiate settlements of Judgments using credits that can be used to satisfy Commonwealth tax obligations (“Tax Liability Credits”); and

 

Whereas, Plaintiff(s) have an existing Judgment against the Commonwealth associated with case no. _________________ in the amount of $______________, which excludes any associated interest or penalties (“Plaintiff’s Judgment” or “Judgment”); and

 

Whereas, the Plaintiff has existing tax liabilities owed to the Commonwealth central government (“Plaintiff Tax Liabilities”); and

 

Whereas, the Parties seek to enter into an agreement where the Commonwealth provides credits to the Plaintiff in order to satisfy his or her existing Commonwealth tax liabilities (“Tax Liability Credits”) in return for satisfaction of all claims arising or associated with the Plaintiff’s Judgment.

 

II. Settlement Agreement

 

Now therefore in consideration of the recitals stated above, the mutual covenants contained herein and other good and valuable consideration the adequacy of which is hereby acknowledged, the Parties agree to the following terms:

 

1. Commonwealth agrees to provide Plaintiff(s) with $_____________ in Tax Liability Credits to the Plaintiff which shall be comprised of two elements: (1) Delinquent Tax Liability Judgment Settlement Alternative for existing Commonwealth tax liabilities equal to $_____________; and (2) Annual Allocation Judgment Settlement Alternative or Reduced Judgment Settlement Alternative for the balance of the value of Judgment in the amount of $______________ (collectively “Settlement Alternatives”). The use of these Settlement Alternatives as applied to the Plaintiffs Judgment is shown in the table below:

Judgment Value

$________________

Tax Credits provided by Delinquent Tax Liability Judgment Settlement Alternative Program

$(_______________)

Tax Credits provided by Annual Allocation Judgment Settlement Alternative Program or Reduced Judgment Settlement Tax Liability Credits

$(_______________)

Remaining Unsatisfied Value of Plaintiff(s) Judgment

$________________

 

2. The Delinquent Tax Liability Credits provided under this Agreement shall only be used for current tax liabilities (“Current Tax Liabilities”) of the Plaintiffs as of date of the Agreement which are identified in the table below:

Taxpayer

Taxpayer Identification

Tax

Tax Period

Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

3. Upon signature of the Parties to this Agreement, the Commonwealth shall immediately apply the Delinquent Tax Liability Credits provided herein to the Current Tax Liabilities as identified and provide the Plaintiffs with a receipt showing satisfaction of these liabilities and full use of the Tax Liability Credits.

 

4. Use of Annual Allocation Judgment Settlement Credits or Reduced Judgment Settlement Tax Liability Credits received in this Agreement are subject to program rules applicable to these credits (attached).

 

5. Amount of Tax Liability Credits provided and any associated Transfer must comply with tax reporting requirements.

 

6. This agreement is controlled by law of the Commonwealth of the Northern Mariana Islands and the Parties consent to the exclusive jurisdiction to the Superior Court of the Commonwealth of the Northern Mariana Islands on the Island of Saipan.

 

7. In consideration for the provision of Tax Liability Credits provided under this agreement as indicated herein, the sufficiency of which is acknowledged, Plaintiff(s) agree to fully release, acquit and forever discharge the Commonwealth and all of their various respective agencies, instrumentalities, contractors, subcontractors, consultants, affiliates, employees, officers, successors, heirs, assigns, attorneys and any and all other persons, firms, corporations, entities in actual or claimed or potential privity or joint and several liability therewith from any and all claims, actions, causes of actions, liability, demands, or damages known or unknown, suspected foreseeable or unforeseeable arising directly or indirectly out of or in any manner connected to, any fact, circumstances, act or omission existing or occurring at any time prior to the day of this Agreement and in any manner involving concerning or relating to Civil Action ______________.

 

8. If any element of this Agreement is found to be unenforceable by a court of competent jurisdiction it shall not affect the remaining sections which shall remain in force.

 

9. This Agreement, together with any referenced documents or exhibits represents the entire agreement and understanding of the Parties hereto with respect to the subject matter hereof and supersedes and all prior oral or written agreements and understandings and shall not be modified except in a writing signed by both parties.

 

10. This Agreement may be executed in separate counterparts, each counterpart when so executed to be deemed an original, and all counterparts when taken together shall constitute one and the same Agreement. To promote timely compliance with this Agreement, electronic transmission of executed documents shall be deemed sufficient to warrant commensurate performance. Confirmation shall nevertheless be made by delivery of the executed original to the other party as soon as possible.

 

11. The terms and conditions of this of this Agreement are confidential and the Parties agree that they shall not divulge the terms and conditions thereof unless ordered to do so by a court of competent jurisdiction although limited disclosure to tax professionals is allowed for purposes of associated tax filings.

 

12. The Public Auditor of the Commonwealth of the Northern Mariana Islands shall pursuant to 1 CMC § 7845, have the right to examine and copy any records, data, or papers relevant to this Agreement for a period of three (3) years after final payment under this Agreement.

 

13. Parties warrant and represent that they are the sole and exclusive owners of all claims and defenses which arc the subject of this Agreement and that they have not assigned or transferred or purported to assign or transfer voluntarily or involuntarily, or by operation of law or equity any claim herein released or any portion thereof.

 

14. The person signing this agreement on behalf of the Parties warrant that they have the authority to sign this Agreement in the capacity in which they are signing and to lawfully bind the Parties, respectively to the Agreement.

 

IN WITNESS WHEREOF, the Parties hereto or their lawful representatives have duly executed this Agreement as of the date set first set forth above.

 

For Commonwealth

 

_______________________________________

ELOY S. INOS, Governor

Commonwealth of the Northern Mariana Islands

 

For Plaintiff(s)

 

_______________________________                      _______________________________

Signature                                                                    Print Name

_______________________________                      _______________________________

Signature                                                                    Print Name

_______________________________                      _______________________________

Signature                                                                    Print Name

 

Notary Stamp (as to validity of Plaintiff(s) Signatures)

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the spelling of the word “reprogramming” pursuant to 1 CMC § 3806(g).

 


 

Exhibit D

Annual Allocation Judgment Settlement Alternative Contract Template Form

 

Agreement Between the Commonwealth of the Northern Mariana Islands and __________________ to Resolve an Existing Judgment Claim

 

This document entered into this ______ day of the month of __________ 20______ is an agreement (“Agreement”) between the Commonwealth of the Northern Mariana Islands, a duly established government whose address is Caller Box 10007 Saipan, MP 96950 (“Commonwealth”) and _____________________ a (individual, corporation, partnership) whose address is ___________________ (“Plaintiff(s)”) in order to provide a structure for settlement of an existing judgment of the Plaintiff(s) against the Commonwealth using tax credits.

 

I. Recitals

 

Whereas, the Commonwealth as a duly established government has sovereign immunity from lawsuits unless specifically authorized; and

 

Whereas, Commonwealth law (1 CMC § 7207) provides that no court may order the disbursement of funds from the Commonwealth Treasury or order the reprogramming of funds in order to provide for such disbursement; and

 

Whereas, Commonwealth law (1 CMC § 7207) provides that any final judgment of a court (“Judgment”) shall be paid only pursuant to an item of appropriation for settlements and awards (“Budget Appropriation”); and

 

Whereas, the Commonwealth has current existing Judgments that exceed $27 million which have been established for many years and not received Budget Appropriation; and

 

Whereas, P.L. 18-37 provides discretionary authority to the Governor to negotiate settlements of judgments using credits that can be used to satisfy Commonwealth tax obligations (“Tax Liability Credits”); and

 

Whereas, Plaintiff(s) have an existing Judgment against the Commonwealth associated with case no. ____________ in the amount of $_______________, which excludes any associated interest or penalties (“Plaintiff’s Judgment” or “Judgment”); and

 

Whereas, the use of Tax Liability Credit directly reduces the amount of revenue received by the Commonwealth in a fiscal period, and thus their use must be carefully structured.

 

Whereas, the Parties seek to enter into an agreement where the Commonwealth provides annual Tax Liability Credits to the Plaintiff in order to provide a structure for settlement of the Judgment and extinguish all associated claims against the Commonwealth of any nature.

 

II. Settlement Agreement

 

Now therefore in consideration of the recitals stated above, the mutual covenants contained herein and other good and valuable consideration the adequacy of which is hereby acknowledged, the Parties agree to the following terms:

 

1. The Commonwealth agrees to provide Plaintiff(s) with a proportionate share of Tax Liability Credits (“Proportionate Share of Tax Liability Credits”) that are provided in the Commonwealth of the Northern Marianas Islands authorized budget (“Budget”).

 

2. The Proportionate Share of Tax Liability Credits that shall be provided to the Plaintiff shall be determined by dividing the annual Judgment Settlement amount authorized in the Budget (“Settlement Budget Authorization”) by the total value of all Judgment Claims which are participating in the Annual Allocation Settlement Alternative program.

 

3. Commonwealth will provide Plaintiff or Transferee with annual statement indicating the amount of Annual Tax Liability Allocation and remaining unsatisfied Judgment Amount.

 

4. Should the Settlement Budget Authorization for any fiscal year be less than $2 million dollars, any shortfall up to $2 million shall be provided directly by the Commonwealth through deferred of other authorized expenditures (“Deferral of Expenditures”).

 

5. Plaintiff may transfer, gift, sell, assign (collectively “Transfer”) his or her interest in the Annual Allocation Settlement Alternative in whole or in part one time to a third party upon compliance with applicable Commonwealth requirements and written authorization which shall not be unreasonably withheld, however no further Transfer of any nature whatsoever is allowed.

 

6. Annual Tax Liability Credit Allocations are not authorized, nor can they be used, until funded by approved Settlement Budget Authorization or specific Deferral of Expenditures established by the Governor.

 

7. Use of Annual Allocation Judgment Settlement Credits received in this Agreement are subject to program rules applicable to these credits (attached).

 

8. The Amount of Tax Liability Credits provided and any associated Transfer must comply with tax reporting requirements.

 

9. This agreement is controlled by law of the Commonwealth of the Northern Mariana Islands and the exclusive jurisdiction of the courts therein.

 

10. In consideration for the specific annual allocation of Tax Liability Credits provided to the Plaintiff(s) as a specific Settlement Budget Authorization or Deferral of Expenditures established by the Governor an equal amount of the Plaintiff’s Judgment shall be considered satisfied and Plaintiff(s) agree to an equal proportionate release, acquit and forever discharge the Commonwealth and all of their various respective agencies, instrumentalities, contractors, subcontractors, consultants, affiliates, employees, officers, successors, heirs, assigns, attorneys and any and all other persons, firms, corporations, entities in actual or claimed or potential privity or joint and several liability therewith from any and all claims, actions, causes of actions, liability, demands, or damages known or unknown, suspected foreseeable or unforeseeable arising directly or indirectly out of or in any manner connected to, any fact, circumstances, act or omission existing or occurring at any time prior to the day of this Agreement and in any manner involving concerning or relating to Civil Action _____________ and the Plaintiff’s Judgment.

 

11. This Agreement shall be interpreted and controlled by laws of the Commonwealth of the Northern Mariana Islands and the exclusive jurisdiction of the Superior Court of the Commonwealth of the Northern Mariana Islands.

 

12. If any element of this Agreement is found to be unenforceable by a court of competent jurisdiction it shall not affect the remaining sections which shall remain in force.

 

13. This Agreement, together with any referenced documents or exhibits represents the entire agreement and understanding of the Parties hereto with respect to the subject matter hereof and supersedes and all prior oral or written agreements and understandings and shall not be modified except in a writing signed by both parties.

 

14. This Agreement may be executed in separate counterparts, each counterpart when so executed to be deemed an original, and all counterparts when taken together shall constitute one and the same Agreement. To promote timely compliance with this Agreement, electronic transmission of executed documents shall be deemed sufficient to warrant commensurate performance. Confirmation shall nevertheless be made by delivery of the executed original to the other party as soon as possible.

 

15. The terms and conditions of this of this Agreement are confidential and the Parties agree that they shall not divulge the terms and conditions thereof unless ordered to do so by a court of competent jurisdiction although limited disclosure to tax professionals is allowed for purposes of associated tax filings.

 

16. The Public Auditor of the Commonwealth of the Northern Mariana Islands shall pursuant to 1 CMC § 7845, have the right to examine and copy any records, data, or papers relevant to this Agreement for a period of three (3) years after final payment under this Agreement.

 

17. Parties warrant and represent that they are the sole and exclusive owners of all claims and defenses which are the subject of this Agreement and that they have not assigned or transferred or purported to assign or transfer voluntarily or involuntarily, or by operation of law or equity any claim herein released or any portion thereof.

 

18. The person signing this agreement on behalf of the Parties warrant that they have the authority to sign this Agreement in the capacity in which they are signing and to lawfully bind the Parties, respectively to the Agreement.

 

IN WITNESS WHEREOF, the Parties hereto or their lawful representatives have duly executed this Agreement as of the date set first set forth above.

 

For Commonwealth

 

_______________________________________

ELOY S. INOS, Governor

Commonwealth of the Northern Mariana Islands

 

For Plaintiff{s)

 

___________________________                  _______________________________

Signature                                                        Print Name

___________________________                  _______________________________

Signature                                                        Print Name

___________________________                  _______________________________

Signature                                                        Print Name

 

Notary Stamp (as to validity of Plaintiff Signatures)

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the spelling of the word “reprogramming” pursuant to 1 CMC § 3806(g).

 


 

Exhibit E

Reduced Judgment Settlement Alternative Contract Template Form

 

Agreement Between the Commonwealth of the Northern Mariana Islands and ________________ to Resolve an Existing Judgment Claim

 

This document entered into this _____ day of the month of _________ 20_____ is an agreement (“Agreement”) between the Commonwealth of the Northern Mariana Islands, a duly established government whose address is Caller Box 10007 Saipan, MP 96950 (“Commonwealth”) and ________________ a (individual, corporation, partnership) whose address is ____________________________________ (“Plaintiff(s)”) in order to provide a structure for settlement of an existing judgment of the Plaintiff(s) against the Commonwealth using tax credits.

 

I. Recitals

 

Whereas, the Commonwealth as a duly established government has sovereign immunity from lawsuits unless specifically authorized; and

 

Whereas, Commonwealth law (1 CMC § 7207) provides that no court may order the disbursement of funds from the Commonwealth Treasury or order the reprogramming of funds in order to provide for such disbursement; and

 

Whereas, Commonwealth law (1 CMC § 7207) provides that any final judgment of a court (“Judgment”) shall be paid only pursuant to an item of appropriation for settlements and awards (“Budget Appropriation”); and

 

Whereas, the Commonwealth has current existing Judgments that exceed $27 million which have been established for many years and not received Budget Appropriation; and

 

Whereas, P.L. 18-37 provides discretionary authority to the Governor to negotiate settlements of judgments using credits that can be used to satisfy Commonwealth tax obligations (“Tax Liability Credits”); and

 

Whereas, Plaintiff(s) have an existing Judgment against the Commonwealth associated with case no. _______________ in the amount of $________________ , which excludes any associated interest or penalties (“Plaintiff’s Judgment” or “Judgment”); and

 

Whereas, the use of Tax Liability Credit directly reduces the amount of revenue received by the Commonwealth in a fiscal period, and thus their use must be carefully structured.

 

Whereas, the Parties seek to enter into an agreement where the Commonwealth provides Tax Liability Credits to the Plaintiff in order to provide a structure for settlement of the Judgment and the extinguishment or all claims of the Plaintiffs of any nature against the Commonwealth associated with the Judgment.

 

II. Settlement Agreement

 

Now therefore in consideration of the recitals stated above, the mutual covenants contained herein and other good and valuable consideration the adequacy of which is hereby acknowledged, the Parties agree to the following terms:

 

1. The Commonwealth agrees to provide Plaintiff(s) with Tax Liability Credits (“Reduced Judgment Settlement Tax Liability Credits”) in the amount of ________________ and _______/100 dollars ($_____________.____) as set forth herein in return for the full extinguishment of the Judgment and any and all claims associated therewith.

 

2. If the full amount of the Reduced Judgment Settlement Tax Liability Credits are not utilized in the year of issuance, then the Commonwealth will provide Plaintiff or Transferee with an annual statement indicating the amount of Reduced Judgment Settlement Tax Liability Credits taken and remaining unused amounts of Reduced Judgment Settlement Tax Liability Credits.

 

3. Plaintiff may transfer, gift, sell, assign (collectively “Transfer”) his, her or its Reduced Judgment Settlement Tax Liability Credits in whole or in part, one time, to a third party or third parties upon compliance with applicable requirements and receipt of written Commonwealth authorization, which shall not be unreasonably withheld, however no further Transfer of the Reduced Judgment Settlement Tax Liability Credits of any nature whatsoever shall be allowed or recognized.

 

4. Reduced Judgment Settlement Tax Liability Credit Allocations need not be funded by Legislative Budget Authorization or specific Deferral of Expenditures established by the Governor.

 

5. Use of Reduced Judgment Settlement Tax Liability Credits received through participation in the Reduced Judgment Settlement Alternative that are received in this Agreement are subject to program rules applicable to these credits (attached).

 

6. The Amount of Reduced Judgment Settlement Tax Liability Credits provided and any associated Transfer must comply with tax reporting requirements.

 

7. This agreement is controlled by law of the Commonwealth of the Northern Mariana Islands and the exclusive jurisdiction of Superior Court of the Commonwealth of the Northern Mariana Islands on the Island of Saipan.

 

8. In consideration for the specific allocation of Reduced Judgment Settlement Tax Liability Credits provided to the Plaintiff(s), Plaintiff(s) hereby agree to, and hereby do, acquit and forever discharge the Commonwealth and all of their various respective agencies, instrumentalities, contractors, subcontractors, consultants, affiliates, employees, officers, successors, heirs, assigns, attorneys and any and all other persons, firms, corporations, entities in actual or claimed or potential privity or joint and several liability therewith from any and all claims, actions, causes of actions, liability, demands, or damages known or unknown, suspected foreseeable or unforeseeable arising directly or indirectly out of or in any manner connected to, any fact, circumstances, act or omission existing or occurring at any time prior to the day of this Agreement and in any manner involving concerning or relating to Civil Action ________________ and the Plaintiff’s Judgment.

 

9. If any element of this Agreement is found to be unenforceable by a court of competent jurisdiction it shall not affect the remaining sections which shall remain in force.

 

10. This Agreement, together with any referenced documents or exhibits represents the entire agreement and understanding of the Parties hereto with respect to the subject matter hereof and supersedes and all prior oral or written agreements and understandings and shall not be modified except in a writing signed by both parties.

 

11. This Agreement may be executed in separate counterparts, each counterpart when so executed to be deemed an original, and all counterparts when taken together shall constitute one and the same Agreement. To promote timely compliance with this Agreement, electronic transmission of executed documents shall be deemed sufficient to warrant commensurate performance. Confirmation shall nevertheless be made by delivery of the executed original to the other party as soon as possible.

 

12. The terms and conditions of this of this Agreement arc confidential and the Parties agree that they shall not divulge the terms and conditions thereof unless ordered to do so by a court of competent jurisdiction although limited disclose to tax professionals is allowed for purposes of associated tax filings.

 

13. The Public Auditor of the Commonwealth of the Northern Mariana Islands shall pursuant to 1 CMC § 7845, have the right to examine and copy any records, data, or papers relevant to this Agreement for a period of three (3) years after final payment under this Agreement.

 

14. Parties warrant and represent that they are the sole and exclusive owners of all claims and defenses which are the subject of this Agreement and that they have not assigned or transferred or purported to assign or transfer voluntarily or involuntarily, or by operation of law or equity any claim herein released or any portion thereof.

 

15. The person signing this agreement on behalf of the Parties warrant that they have the authority to sign this Agreement in the capacity in which they are signing and to lawfully bind the Parties, respectively to the Agreement.

 

IN WITNESS WHEREOF, the Parties hereto or their lawful representatives have duly executed this Agreement as of the date set first set forth above.

 

For Commonwealth

 

_______________________________________

ELOY S. INOS, Governor

Commonwealth of the Northern Mariana Islands

 

For Plaintiff(s)

 

_____________________________              _____________________________

Signature                                                        Print Name

_____________________________              _____________________________

Signature                                                        Print Name

_____________________________              _____________________________

Signature                                                        Print Name

 

Notary Stamp (as to validity of Plaintiff Signatures)

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 

Commission Comment: The Commission corrected the spelling of the word “reprogramming” pursuant to 1 CMC § 3806(g).

 


 

Exhibit F

Tax Liability Credit Transfer Application Form

 

Commonwealth of the Northern Mariana Islands

Division of Revenue & Taxation

Judgment Settlement Alternative

Tax Liability Credit Transfer Application

 

Date:               _______________

 

1. Plaintiff Applicant(s):

 

 

Print name

 

Taxpayer id. #

 

e-mail

 

Print name

 

Taxpayer id. #

 

e-mail

 

Print name

 

Taxpayer id. #

 

e-mail

 

2. Contact Person:                  _____________________

 

3. Telephone Number:            _____________________

 

4. e-mail:                                _____________________

 

5. Case Number:                     _____________________ (attach copy of judgment)

 

6. Date of Judgment Settlement Alternative Agreement (attach copy) _____________________

 

7. Proposed Transfer (in the space below briefly describe the proposed transfer structure)

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

8. Tax Liability Credits that are proposed to be transferred in this transaction $_____________

 

9. Identify the consideration that will be received for Transfer of Tax Credit Liabilities

__________________________________________________________________________

 

10. Identification of proposed transferee:

Proposed Transferee

Taxpayer Identification Number

 

 

 

 

 

 

 

Commonwealth Use Only Below this line

 

1. Type of Judgment Settlement Alternative Agreement

Delinquent Tax Liability Judgment Settlement Alternative

Annual Allocation Judgment Settlement Alternative

Reduced Judgment Settlement Alternative

 

2. Original value of Tax Liability Credits     $__________

3. Current balance of Tax Liability Credits   $__________

 

___________________________________________          ________________

Approval of Commonwealth Revenue & Tax Division        Date

___________________________________________          ________________

Print Name                                                                             Title

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 


 

Exhibit G

Tax Liability Credit Annual Report

 

Commonwealth of the Northern Mariana Islands

Division of Revenue & Taxation

Tax Liability Credit Annual Statement

 

Date of Notice:           _____________________

 

Taxpayer                     ____________________________________________________

 

Address:                      ____________________________________________________

                                    ____________________________________________________

 

Taxpayer ID number  ____________________________________________________

 

Tax Credit Liability Settlement Agreement Number            _____________________________

 

Type of Tax Liability Settlement Alternative:          _____________________________

 

Date of Tax Liability Settlement Alternative Agreement:   _______________________

 

Original Tax Liability Credit Value: $____________

 

Current Tax Period to which this notice applies:      _____________________________

 

Amount of Tax Liability Credit available to be used in Current Tax Period:            $________

 

Remaining Balance of Tax Liability Credit  $___________

 

This notice is provided by the Commonwealth Division of Revenue & Taxation as required under the Judgment Settlement Act Alternative Program. If you have questions in regards to this program or information provided herein you may consult with staff at the Dandan Office or visit the website provided at: http://www.cnmidof.net/

 

History: Adopted 36 Com. Reg. 35368 (Aug. 28, 2014).

 


 

 

CHAPTER 75-15

OFFICE OF MILITARY LIAISON AND VETERANS AFFAIRS

 

SUBCHAPTER 75-15.1

VETERANS CEMETERY REGULATIONS

 


Part 001          General Provisions

§ 75-15.1-001 Purpose

§ 75-15.1-005 Definitions

§ 75-15.1-010 Authority; Supervision

 

Part 100          Operations

§ 75-15.1-101 Hours

§ 75-15.1-105 Visitors

§ 75-15.1-110 Traffic Control

§ 75-15.1-115 Fee Structure

§ 75-15.1-120 Flags

§ 75-15.1-125 Floral, Decorative, and Commemorative Objects

§ 75-15.1-130 Memorialization

§ 75-15.1-135 Gifts, Devises, or Bequests

§ 75-15.1-140 Public Information and Public Records

§ 75-15.1-145 Corrections

 

Part 200 Eligibility

§ 75-15.1-201 Eligibility

§ 75-15.1-205 Persons Eligible for Interment or Inurnment

 

Part 300          Burial; Exhumation

§ 75-15.1-301 Interment; Inurnment

§ 75-15.1-305 Disinterment

§ 75-15.1-310 Directed Exhumation


 

Subchapter Authority: 1 CMC § 20133(a).*

 

Subchapter History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

* The authority of the CNMI Office of Military Liaison and Veterans Affairs to promulgate regulations and operate a veterans’ cemetery is not specifically provided by this section. See Commission comment to this subchapter.

 

Commission Comment: Public Law 13-34, the Military Liaison and Veterans Affairs Office Act of 2002, codified at 1 CMC §§ 20131-20135, established the Office of Military Liaison and Veterans Affairs with the Office of the Governor. 1 CMC § 20132. Formerly the Division of Veterans Affairs of the Department of Community and Cultural Affairs, the Office of Military Liaison and Veterans Affairs has “authority over all military and veteran’s affairs of the United States Armed Forces in all matters not within the exclusive jurisdiction of the United States Government.” 1 CMC § 20132.

 

Public Law 13-34 does not specifically provide the Office with the authority to promulgate any regulations or manage a veterans’ cemetery. The Office of Military Liaison and Veterans Affairs issued the following statement regarding its authority to promulgate the regulations set forth in this subchapter:

 

The Office of Military Liaison and Veterans Affairs, established within the Office of Governor, is authorized to promulgate regulations governing programs or activities related to the Commonwealth and U.S. Armed Forces relationship. 1 CMC § 20133(a).

 

See 28 Com. Reg. 26140 (Sept. 27, 2006).

 

The code section cited by Office of Military Liaison and Veterans Affairs, 1 CMC § 20133(a), provides that the Office of Military Liaison and Veterans Affairs shall:

 

Formulate plans as policies, develop a comprehensive approach coordinate and/or implement programs or activities that result in an improved relationship between the Commonwealth and U.S. Armed Forces. The office shall be a single point of contact and clearinghouse on matters relative to the U.S. military and U.S. veteran affairs in the CNMI.

 

The Commission codified the regulations in this subchapter subject to a decision of a court of competent jurisdiction that the CNMI Office of Military Liaison and Veterans Affairs lacked the authority to promulgate regulations regarding the CNMI Veterans Cemetery.

 

PL 17-61 (Nov. 8, 2011), codified at 1 CMC §§ 20136-20141, established the CNMI Veterans Cemetary and directed the executive officer for the Office of the Military Liaison and Veteran Affairs to establish guidelines for the control and operation of the cemetery. To the extent these regulations conflict with the terms of PL 17-61, they are superseded.

 

During codification of this subchapter, the Commission entitled part 100 “Operations” and changed part 300 from “Operations” to “Burial; Exhumation.”

 

Part 001 -       General Provisions

 

§ 75-15.1-001 Purpose

 

The purpose of this chapter is to establish rules for the Commonwealth (CNMI) Veterans Cemetery on Saipan.

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

§ 75-15.1-005 Definitions

 

As used in this rule unless otherwise provided:

 

(a)       “Armed forces” means the United States Army, Navy, Marine Corps, Coast Guard, and Air Force or any women’s auxiliary branch thereof, organized pursuant to an Act of Congress.

 

(b)       “Cemetery” means the CNMI Veterans Cemetery.

 

(c)       “Designated cemetery officials” means those persons so designated by the director to act as agents for the CNMI Veterans Cemetery.

 

(d)       “Columbarium” means a structure with niches for the inurnment of human remains.

 

(e)       “Director” means the director of the Office of Veterans Affairs.

 

(f)        “Grave” means the space of ground in the cemetery used, or intended to be used, for burial of human remains.

 

(g)       “CNMI Veterans Cemetery” means that cemetery located at Marpi Saipan.

 

(h)       “Interment” means the disposition of human remains by burial or inurnment.

 

(i)        “Liner” means a grave liner or vault as defined by the director.

 

(j)        “Niche” means a space in a columbarium used, or intended to be used, for inurnment of cremated human remains.

 

(k)       “Office” means the Office of Veterans Affairs.

 

(l)        “Public records” means records and information available for public inspection as provided by state or federal law.

 

(m)      “Space” means area in the cemetery used, or intended to be used, for interment or inurnment of human remains.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

Commission Comment: The Commission made “official” plural in subsection (c) to correct a manifest error.

 

§ 75-15.1-010 Authority; Supervision

 

(a)       The director and a designated cemetery official shall be authorized to enforce this rule.

(b)       A designated cemetery official shall have charge of the grounds and buildings, and at all times shall supervise and control all persons in the cemetery, including the conduct of funerals, ceremonies, traffic, employees, and visitors.

(c)       Anyone violating this rule may have their permission to enter or remain upon the cemetery premises revoked by the director or a designated cemetery official.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

Part 100 –       Operations

 

§ 75-15.1-101 Hours

 

(a)       The director or a designated cemetery official shall establish a reasonable schedule of visiting hours for all or portions of the cemetery and close or restrict public use of all or any portion thereof, when necessary for the protection of the area, maintenance, upkeep, construction, or the safety and welfare of persons or property, by the posting of appropriate signs indicating the extent and scope of closure.

 

(b)       All persons shall observe and abide by the officially posted signs designating closed areas and visiting hours.

 

(c)       Hours of operation for the cemetery are:

(1)       Visitors: 8:00 a.m., in coordination with the opening and closing schedule of the CNMI Veterans Cemetery.

(2)       Office: 7:30 a.m. to 4:30 p.m.

(3)       Interment hours: Monday-Friday, excluding holidays, 9:00 a.m. to 3:00 p.m.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

Commission Comment: In the original, some of the times were stated in a twenty-four hour format and others were in a twelve hour format. The Commission changed all times to a twelve hour format for consistency.

 

The Commission entitled part 100 “Operations” and changed part 300 from “Operations” to “Burial; Exhumation.”

 

§ 75-15.1-105 Visitors

 

(a)       Visitors may be admitted during the hours the cemetery is open.

 

(b)       Visitors shall not be permitted to:

(1)       Litter the grounds;

(2)       Cut, break, remove, or injure trees, shrubs, grass, or other plantings;

(3)       Use the cemetery for any form of sports or recreation, including but not limited to:

(i)        Jogging;

(ii)       Skate boarding;

(iii)      Bicycling;

(iv)      Picnicking;

(v)       Ball playing;

(vi)      Consumption of intoxicating beverages or illegal

use of controlled substances;

(vii)     Loitering;

(viii)    Pets (this section shall not apply to seeing-eye dogs accompanying their masters);

(ix)      Any service, ceremony or demonstration, except as authorized by a designated cemetery official.

 

(c)       Visitors at public gatherings or ceremonies shall observe proper standards of decorum and decency while upon the cemetery premises.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

Commission Comment: The Commission removed the periods in subsection (3)(viii) and inserted the parenthesis and semicolon. In subsection (c), the Commission changed “premise” to “premises” to correct a manifest error.

 

§ 75-15.1-110 Traffic Control

 

(a)       The director or a designated cemetery official shall adopt such rules as may be necessary to manage, provide for safety and to control traffic including, but not limited to, the operation and parking of sightseeing or chartered buses or other vehicles.

 

(b)       The speed of vehicles in the cemetery may not exceed posted speeds.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

Commission Comment: The Commission changed “charted” to “chartered” to correct a manifest error.

 

§ 75-15.1-115 Fee Structure

 

(a)       By law, the state holds title to all gravesites.

 

(b)       There shall be no charge for the gravesite or its perpetual care.

 

(c)       However, to compensate for the opening and closing of graves the following fee structure is in effect:

(1)       For interment of veterans,

(i)        The state shall receive the veteran’s plot allowance.

(ii)       The state shall supply a liner or the representative may purchase another liner if that liner meets the guidelines defined by the director and incurs no cost to the state.

(2)       For interment of eligible dependents, the state shall receive from the dependent’s survivor or representative the sum equivalent to the amount of the plot allowance, plus the cost of the required liner.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

Commission Comment: The Commission moved the “however” from the end of subsection (b) to the beginning of subsection (c)            and changed the semi-colon to a period in subsection (b).

 

§ 75-15.1-120 Flags

 

(a)       The United States flag shall be flown over the cemetery during normal duty hours.

 

(b)       The flag shall be flown at half-staff on Memorial Day and during interment services and wreath-laying ceremonies.

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

§ 75-15.1-125 Floral, Decorative, and Commemorative Objects

 

(a)       Cut natural flowers, wreaths, and sprays in containers may be placed on, but not attached to, graves or in designated areas in the columbarium at any time.

 

(b)       The religious convention of placing fruit, beverages, and religious artifacts on the graves shall be allowed.

 

(c)       Potted plants shall be permitted only during the period five days before and five days after Easter Sunday, All Souls Day, Christmas Day, and Memorial Day.

 

(d)       Potted plants, permanent plantings, artificial flowers, statues, vigil lights, commemorative items, or toys shall not be permitted, except as provided in this section.

 

(e)       Cemetery personnel shall remove floral displays when faded or withered.

 

(f)        Glass containers or objects shall not be allowed at any time.

 

(g)       Candles are only permitted for ceremonial purposes and only on the holidays mentioned in § 75-15.1-125(c). They shall be extinguished and removed at the completion of all services.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

Commission Comment: The Commission moved “when faded or withered” located after “personnel” in the original to the end of subsection (e).

 

§ 75-15.1-130 Memorialization

 

No person shall make or install any monuments, memorial, tablet, or other commemorative installation.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

§ 75-15.1-135 Gifts, Devises, or Bequests

 

(a)       The director may prescribe restrictions and accept non-monetary gifts, devises, or bequests, which are beneficial to the cemetery.

(b)       Gifts, devises, or bequests shall be accepted only after it has been determined that the donor has a clear understanding that title thereto passes to, and shall be vested in, the office, and that the donor relinquishes all control over the future use or disposition of the gift or donation, except as agreed upon between the director and the donor.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

§ 75-15.1-140 Public Information and Public Records

 

(a)       All public records shall be available for inspection in the office.

 

(b)       Public records printed or reproduced by the office may be given to any person requesting the same and paying the reasonable cost thereof, including the cost of reproduction and mailing, or where a charge is specified by law or by rule, such specified charges. All payments will be made out to the CNMI Veterans Cemetery funds account.

 

(c)       Requests for public information, for permission to inspect public records, or for copies of public records shall be made in writing to the director.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

§ 75-15.1-145 Corrections

 

The director or designated cemetery official shall have the right to correct any errors that may be made by it, either in making interments or disinterment, or in setting the grave marker, and reserves the right to correct any errors in its official records of interments and graves.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

Part 200 -       Eligibility

 

§ 75-15.1-201 Eligibility

 

(a)       Title 38, part 1, section 620 of the Code of Federal Regulations, as it existed on July 1, 1993, shall govern the procedures pertaining to eligibility for interment in the cemetery.

 

(b)       The burden of proof of eligibility for burial in the cemetery shall be on the applicant for such burial.

 

(c)       A designated cemetery official shall determine the eligibility of a person for interment or inurnment in the cemetery in accordance with this rule and shall issue such determination in writing.

 

(d)       In questionable cases relating to character of discharge and verifying service information, eligibility shall be based on a determination by the United States Department of Veterans Affairs regional office concerning the character of discharge and verification of service information.

 

(e)       A veteran, representative, or next of kin may appeal any determination of a designated cemetery official as provided under § 75-15.1-201(c) regarding the eligibility of a veteran, or dependent, for burial in the cemetery.

(1)       The appeal shall be in writing, shall include all information to be considered as the basis of the appeal, and shall be filed with the director no more than seven days after notification of the initial determination made by a designated cemetery official;

(2)       The director shall render a decision in writing no more than seven days after conclusion of the hearing on appeal;

(3)       The veteran, representative, or next of kin filing the appeal may request to expedite the appeal by agreeing to modify or waive any procedure and informally dispose of any case by stipulation, agreed settlement, consent order, or default of the parties and the director shall respond to the appeal within three working days of its submission.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

§ 75-15.1-205 Persons Eligible for Interment or Inurnment

 

Persons eligible for interment or inurnment shall include:

 

(a)       Any former member or member of the armed forces who was born in the CNMI or was a resident of the CNMI at entrance to or separation from the armed forces, or was a resident of the CNMI for two continuous years, or was a resident of the CNMI for six months, or showed intention to become a resident; and

(1)       Died while serving on active duty;

(2)       Served as an active member of the armed forces and was honorably discharged or released under honorable conditions.

(3)       Any citizen of the United States who, during any war in which the United States has been or may hereafter be engaged, served in the armed forces of any government allied with the United States during that war, whose last such service terminated honorably, who was a citizen of the United States at the time of entry in such service and at the time of death; or

(4)       Served as a member of a reserve component of the armed forces, the Army National Guard, the Air National Guard, or the Reserve Officers’ Training Corps of the Army, Navy, or Air Force and whose death occurred under honorable conditions while serving on active duty for training or performing full-time service, or while hospitalized or undergoing treatment for service-related conditions.

(5)       Reservists and National Guard members, as well as their spouses and dependent children, are eligible if they were entitled to retired pay at the time of death, or would have been if they were over age 60.

 

(b)       The spouse, widow, or widower of an eligible active duty member or veteran, including the widow or widower of a member of the armed forces lost or buried at sea or officially determined to be permanently absent in the status of missing in action;

 

(c)       The surviving spouse of a veteran whose remarriage was annulled or otherwise declared void by a court of competent jurisdiction;

 

(d)       Minor children of an eligible active duty member or veterans who are unmarried and:

(1)       Who are under twenty-one years of age; or

(2)       Who are under twenty-three years of age and pursuing a course of instruction at an approved educational institution;

 

(e)       Adult children of an eligible active duty member or veterans who were declared physically or mentally disabled and incapable of self-support before attaining the age of twenty-one years, and have written documentation such as medical records, or a letter from an attending physician;

 

(f)        Commissioned officers of other services who were detailed or transferred to active duty and who served honorably and were provided with a DD Form 214, or equivalent, upon separation;

 

(g)       The remains of eligible persons previously interred in other locations may be reinterred in the cemetery upon the request of anyone legally entitled to make such request; provided, that no cost shall be borne by the state other than that which would be incurred in an original interment.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

Commission Comment: In subsection (d)(2), the Commission changed “approve” to “approved” to correct a manifest error.

 

Part 300 -       Burial; Exhumation

 

§ 75-15.1-301 Interment; Inurnment

 

(a)       The state shall open and close the grave in accordance with the fee schedule established in this rule and furnish perpetual care without charge.

 

(b)       All graves shall be equal and have a uniform type of flat marker. Military rank or civilian stature shall be given no consideration in selection of the grave, and a designated cemetery official shall make the space selection.

 

(c)       Reservation of spaces shall not be allowed.

 

(d)       The funeral director shall be responsible for making interment arrangements for an eligible decedent. The funeral director shall submit all documents as may be required or requested by the office to determine the eligibility of the decedent to be interred in the cemetery.

 

(e)       Three working days notice shall be given to schedule the interment or inurnment in the cemetery.

(f)        All applications for burial in the cemetery shall be processed by a designated cemetery official who shall determine the eligibility of the decedent to be interred.

 

(g)       After the decedent has been determined eligible, the burial shall be scheduled after consultation with the funeral director, and under no circumstances shall a burial be arranged by the funeral director without first securing approval from a designated cemetery official.

 

(h)       All expenses incurred by the survivors or representative for the funeral services and supplies provided by a funeral director of their choice and transportation shall be the responsibility of the survivors or representative.

 

(i)        All funerals on entering the cemetery shall be under the supervision of a designated cemetery official.

 

(j)        Services shall be held at the committal shelter. Every effort shall be made to accommodate special religious traditions by individual arrangements with a designated cemetery official.

 

(k)       Interment services are held Monday to Friday, excluding holidays from 9:00 a.m. to 3:00 p.m.

 

(l)        Arranging for military honors shall be the responsibility of the designated cemetery official.

 

(m)      Graves shall be closed as soon as practicable after the interment session or before the close of that business day.

 

(n)       Graves shall be temporarily marked using a temporary grave marker until the Department of Veterans Affairs provides the permanent marker for each grave.

 

(o)       Each grave shall be marked with a marker furnished by the Department of Veterans Affairs. Ordering of markers shall be the responsibility of the cemetery. No other parties may order a marker for placement within the cemetery.

 

(p)       All graves shall have a liner.

 

(q)       Gravesite services are not permitted. Committal services will be held in the committal/interment shelter on the cemetery grounds. Family members may return to the gravesite after the burial of the casket or urn is complete and the area is cleared of all equipment and materials.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

Commission Comment: In the first sentence of subsection (d), the Commission changed “decent” to “decedent” to correct a manifest error. The Commission changed “0900 am to 3 p.m.” to “9:00 a.m. to 3:00 p.m.” in subsection (k).

 

The Commission entitled part 100 “Operations” and changed part 300 from “Operations” to “Burial; Exhumation.”

 

§ 75-15.1-305 Disinterment

(a)       Interment of eligible decedents shall be considered to be permanent and final.

 

(b)       Disinterment and removal of remains shall be permitted only with the prior approval of the director.

 

(c)       All arrangements and all expenses in connection with a disinterment shall be the responsibility of the requesting individual or agency. These arrangements shall include compliance with the local and state health laws or rules, engagement of a funeral director to accomplish the disinterment, necessary re-casketing of the remains, rehabilitation of the old grave, and compliance with any special instruction of the director.

 

(d)       The director or a designated cemetery official shall supervise disinterments at the gravesite.

(1)       Special care and concern shall be shown for adjacent graves and markers.

(2)       Cemetery personnel shall reopen the grave down to one foot above the top of the grave liner or vault.

(i)        Cemetery personnel shall not otherwise participate in any other aspect of the disinterment operation.

(ii)       No charge shall be made for the supervision and reopening of the grave to the extent indicated above.

 

(e)       The marker of the grave being disinterred shall not be shipped to the cemetery where the remains are to be interred.

(f)        If the decedent being disinterred is to be reinterred at another location within the cemetery, the same maker shall be removed and reordered showing the change of grave location and placed at the new gravesite.

 

(g)       When a disinterment has been completed, the open grave shall be reused at the earliest practical date.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 

Commission Comment: The Commission inserted “grave” after “reopen the” in subsection (d)(2) to correct a manifest error. In subsection (f), the Commission changed “reinterret” to “reinterred” to correct a manifest error.

 

§ 75-15.1-310 Directed Exhumation

 

(a)       Federal and CNMI court orders directing exhumations shall be honored.

 

(b)       Exhumations on the basis of orders issued by out of state courts, or courts of questionable authority, shall be conducted if such orders are enforceable in the CNMI.

 

(c)       The issuing court must indicate the final disposition of the exhumed remains.

 

(d)       Exhumation activities shall be coordinated with the ordering court and carried out under the supervision of the director or a designated cemetery official.

(1)       If the remains are to be permanently removed from the cemetery, arrangements shall be made for immediate removal and the grave may be reused.

(2)       If the remains are to be reinterred in the cemetery, the same grave shall be used.

(e)       All expenses for directed exhumations shall be the responsibility of the requesting party.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 28 Com. Reg. 26305 (Oct. 30, 2006); Proposed 28 Com. Reg. 26140 (Sept. 27, 2006).

 


 

CHAPTER 75-20

SCHOLARSHIP ADVISORY BOARD

 

SUBCHAPTER 75-20.1

EDUCATIONAL ASSISTANCE PROGRAM RULES AND REGULATIONS

 


Part 001          General Provisions

§ 75-20.1-001 Purpose

§ 75-20.1-005 Definition

§ 75-20.1-010 Scholarship Advisory Board

§ 75-20.1-015 Funding

 

Part 100          Application, Eligibility, and Award

§ 75-20.1-101 Eligibility Requirements for EAP

§ 75-20.1-105 Eligibility Requirements for Merit Incentive Award

§ 75-20.1-110 Eligibility Requirements for Part-Time Students

§ 75-20.1-115 Application Deadline

§ 75-20.1-120 Satisfactory Academic Progress (SAP)

§ 75-20.1-125 Students Who Either Drop or Withdraw From Classes

§ 75-20.1-130 Repayment

§ 75-20.1-135 Duration of Award

§ 75-20.1-140 Memorandum of Agreement

§ 75-20.1-145 Fraudulent Information

§ 75-20.1-150 Appeals

 

Part 200          Miscellaneous Provisions

§ 75-20.1-201 Effective Date


 

Subchapter Authority: 3 CMC § 1316; Executive Order 94-3 § 211.

 

Subchapter History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011); Amdts Adopted 24 Com. Reg. 19942 (Dec. 27, 2002) (repealing and re-enacting the Educational Assistance Program Rules and Regulations); Amdts Proposed 24 Com. Reg. 19508 (Sept. 27, 2002); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug 18, 1999).

 

Commission Comment: 3 CMC § 1304 creates the Northern Marianas College as a nonprofit public corporation, under the general control and direction of the Board of Regents of the Northern Marianas College. See also 3 CMC § 1311. The Board of Regents is authorized to review eligibility based on established policy or criteria and to establish awards for all publicly funded financial assistance for post-secondary education of Commonwealth students within the Commonwealth. 3 CMC § 1316(d).

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 211:

 

Section 211. Scholarships.

(a)          All functions of the Northern Marianas College Board of Regents relating to student scholarships, except those donated, bequeathed, or granted to the College by parties outside the Commonwealth Government, are transferred to the Office of the Governor.

(b)          There is hereby established in the Office of the Governor a Scholarship Advisory Board consisting of nine members who shall be appointed by and serve at the pleasure of the Governor. At least two of the members shall be from Tinian, and at least two from Rota. Not more than five of the board members shall be associated with a single political party. The Board shall review applications for scholarships and make recommendations to the Governor with respect thereto. The Board shall also recommend objective standards for the award of scholarships. The provisions of [PL 8-41] shall not apply to the Board.

(c)          As used in this section, the term “scholarships” includes student grants, student loans, and other programs of student financial assistance.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

The Northern Marianas College Board of Regents first proposed a Financial Aid Policy in 1983. See 5 Com. Reg. 2458 (Oct. 20, 1983). A notice of adoption for the 1983 policy was never published. Prior to the creation of the Scholarship Advisory Board and the promulgation of the 1999 regulations, the Northern Marianas College Board of Regents administered a “Financial Aid for Off-island Students Policy” pursuant to the authority of 3 CMC § 1316(d). The history of the Financial Aid for Off-island Students Policy is as follows: Adopted 15 Com. Reg. 10718 (July 15, 1993); Proposed 15 Com. Reg. 10593 (May 15, 1993).

 

The 2012 amendments repealed and re-enacted a new version of this subchapter.

 

PL 18-6 (May 31, 2013) struck the former section 70-20.1.020, “Requirement of Attendance at NMC.”

 

PL 18-40 (Mar. 21, 2014) dissolved the Scholarship Office and replaced it with a new CNMI Scholarship Office, independent of the Office of the Governor. Section 5(c) of the Public Law provided, “The policies, rules and regulations of the Scholarship Office shall continue as policies, rules and regulations of the CNMI Scholarship Office until amended or repealed by the CNMI Scholarship Board of Directors.”

 

Part 001 -       General Provisions

 

§ 70-20.1-001 Purpose

 

The Scholarship Advisory Board hereby establishes an Educational Assistance Program (EAP) for the purpose of assisting applicants who desire to pursue post-secondary study, first at the Northern Marianas College (NMC), and then from within or outside of the Commonwealth of the Northern Mariana Islands (CNMI) through use of various locally funded grants and scholarships.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

§ 70-20.1-005 Definition

 

(a)       “Permanent Resident”: A United States citizen domiciled in the Commonwealth for two (2) consecutive years prior to enrollment in a college or university.

 

(b)       “Educational Assistance Grants”: Financial assistance awarded for the purpose of post-secondary studies.

 

(c)       “Merit Incentive Award”: An additional grant awarded to qualifying full-time and continuing undergraduate students on the basis on attainment starting with a 3.00 cumulative grade point average from a college or university (Such awards are contingent upon the availability of funds).

 

(d)       “Developmental Courses”: Courses that are below college level courses (Recipients who are taking developmental courses towards fulfillment of a full-time status are not eligible for merit incentive awards).

 

(e)       “Full-Time Status”: Full-time status for undergraduate enrollment is a semester/quarter term earning 12 or more credits, for graduates, enrollment in a semester/quarter term earning 9 or more credits or determined by the institution’s definition of semester/term. Courses that are repeated, as defined in subsection (i), are not counted towards fulfillment of a full-time status. Subsection (i) may be waived for applicants who are Certified Disabled, according to subsection (j).

 

(f)        “Part-Time Status”: Part-time status for undergraduate enrollment is a semester/quarter earning 1-11 credits. Courses that are repeated, as defined on subsection (i), are not counted towards fulfillment of a part-time status. Commencing with Fall 2003, funding for part-time applicants will be determined upon availability of funds.

 

(g)       “Correspondence School”: An educational institution offering courses (instructions, lessons, exercises, grades) through the mail.

 

(h)       “Online Courses”: Courses available electronically or through telecommunication systems.

 

(i)        “Repeat Course”: Course that a student repeats due to failing grades or retaking to earn a higher grade which was originally paid by the CNMI Scholarship Program.

 

(j)        “Certified Disability”: A person who is certified disabled by a licensed physician.

 

(k)       “Satisfactory Academic Progress (SAP)”: Coursework progress measured qualitatively (cumulative grade point average) and quantitatively (credits completed).

 

(l)        Level of education:

(1)       “Certificate”/“Diploma”: An undergraduate program less than two years.

(2)       “Associate Degree”: An undergraduate degree program less than a baccalaureate level.

(3)       “Baccalaureate Degree”: A four (4) or more year undergraduate degree program.

(4)       “Masters Degree”: A degree program beyond a baccalaureate level.

(5)       “Professional Degree”: Juris Doctorate or Medical Doctor who will directly provide health care.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

Commission Comment: The Commission placed quotation marks around terms defined. The Commission updated internal citations in this section pursuant to 1 CMC § 3806(d).

 

§ 70-20.1-010 Scholarship Advisory Board

 

The Scholarship Advisory Board (SAB) is created under Executive Order 94-3 Sec. 21 1. The Governor appoints members. The Board members serve on a voluntary basis without compensation. The duties and responsibilities of the Board are:

 

(a)       To review and submit to the Governor recommendations pertaining to scholarship and incentive awards.

 

(b)       To review appeals and submit decisions on appeals of Scholarship Administrator’s decision by students to the Scholarship Office.

 

(c)       To advise and provide guidance to the Scholarship Administrator on matters concerning Rules and Regulations, student financial assistance, and budgetary matters.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

§ 70-20.1-015 Funding

 

(a)       Educational Assistance Program funding is derived from the scholarship funds appropriated by the legislature on a fiscal year basis. The level of funding is contingent on the balance of funds available after dl statutory scholarship programs have been paid. Circumstances vary from year to year, so an EAP award for one year is no assurance of the same assistance in subsequent years. Thus, there may be variation in the amount of assistance offered to a student from one year to the next year because of changes in the availability of funds appropriated by the legislature or the number or amount of statutory scholarship awards.

 

(b)       Should the Scholarship Advisory Board establish a written policy by which it determines a student’s scholarship amount based on a student’s financial need, there is no guarantee that individual students, other than those receiving the Merit Incentive Award, will receive the same amount of financial assistance or any financial assistance. If the Scholarship Advisory Board partners with another entity, it may also delegate determination of scholarship amount to that entity. The Office shall not be liable if a disruption or change in funding or disbursement of funds disrupts the awards.

 

(c)       SAB shall use its best efforts to ensure that all Merit Incentive Awards granted during the same semester are similarly funded. In the absence of written policies, SAB shall also attempt to award similarly sized EAP scholarships to all recipients receiving the award in the same semester; however, recipients eligible under NMC’s Early Admissions Program shall only be eligible for up to 50% of the EAP award amount.

 

(d)       EAP and Merit Incentive awards will not be granted to fund religious studies leading to ministry correspondence school or advance non-health care degree programs. On-line programs will be determined on a case-by-case basis. However, on-line programs must be taken within the CNMI.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

Commission Comment: The Commission corrected the spelling of “case-by-case” in subsection (d) pursuant to 1 CMC § 3806(g).

 

Part 100 -       Application, Eligibility, and Award

 

§ 70-20.1-101 Eligibility Requirements for EAP

 

(a)       New Applicants – Undergraduate Students: To qualify for funding under the EAP, an applicant must:

(1)       Submit a completed and signed Application Form; and,

(2)       Ensure that the most recent sealed official transcript is mailed or hand-delivered to the Scholarship Office. (A transcript faxed directly from the institution’s records may be accepted as an unofficial transcript until such time the original is received, as required); and,

(3)       Provide a letter of acceptance from NMC or a transcript or proof of degree from NMC demonstrating the requirements from Section V* have been met. Students who wish to attend an institution other than NMC who have met the conditions in Section V* must provide a letter of acceptance from a recognized U.S. accredited college, university or institution as proof of admission for new students. Non-US Accredited college, university or institution must be approved by the SAB; and,

(4)       Be a permanent resident of the Commonwealth with documentation of such, (an original passport or original birth certificate and CNMI Annual tax return, drivers license, CNMI affidavit card or other documents as appropriate); and,

(5)       Have graduated from high school, Advance Development Institute, General Education Development (GED) or higher; or be admitted into the Northern Marianas College Early Admissions Program no earlier than high school junior year (To be eligible for funding for the Early Admissions Program, the student shall have a minimum 3.0 high school cumulative grade point average (CGPA) and place into English 101); and

(6)       Submit a Free Application for Federal Student Aid (FAFSA) Student Aid Report (SAR).

(7)       Note: A first-time recipient of EAP will be considered for financial assistance even if his or her GPA is below the SAP requirement. However, in order to continue in the EAP program, the recipient must achieve the cumulative GPA requirements, as defined in Section IX(b)*, at the end of the term awarded.

 

(b)       New Applicants – Graduate Students. To qualify for funding under EAP, an applicant must:

(1)       Meet all of the requirements listed in section 70-20.1-101, excluding the requirements of attendance at NMC and the requirements of Section V*.

 

(c)       Continuing Students: to continue eligibility for funding students must:

(1)       Submit a completed and signed Renewal Application Form; and

(2)       Ensure that the most recent sealed official transcript is mailed or hand-delivered to the Scholarship Office. (A transcript faxed directly from the institution’s records may be accepted as an unofficial transcript until such time the original is received, as required); and,

(3)       Provide a letter of acceptance from an eligible institution as proof of admissions for transferring students or those pursing a higher degree (and, if the student first applied for EAP in Fall 2012 or later, a transcript or proof of degree demonstrating that the conditions of Section V* have been met); and,

(4)       Maintain SAP in a course of study according to the standards established by the Scholarship Office.

 

(d)       Former EAP Recipient: A student who did not receive Financial Assistance from the Scholarship Office for a period of one year as a result of ineligibility and/or break in attendance is considered a returnee and must provide the following:

(1)       Submit a completed and signed Renewal Application Form; and

(2)       Ensure that the most recent sealed official transcript is mailed or hand-delivered to the Scholarship Office (A transcript faxed directly from the institution’s records department may be accepted as an unofficial transcript until such time the original is received, as required); and,

(3)       Provide a letter of re-acceptance from an eligible institution for those who have taken a break in enrollment, or a letter of acceptance into the institution for transferring students; and

(4)       Maintain SAP in a course of study according to the standards established by the Scholarship Office.

(5)       If the student first applied for EAP in Fall 2012 or later, the requirements of Section V* apply.

 

*So in original; see Commission Comment.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

Commission Comment: Section V, referenced in subsections (a)(3), (b)(1), (c)(3), and (d)(5), was repealed by PL 18-06 (May 31, 2013). Section IX(b), referenced in subsection (a)(7), does not exist in the original regulation. The Commission corrected the phrase “Institutions Records” to “institution’s records” in subsections (a)(2), (c)(2), and (d)(2) pursuant to 1 CMC § 3806(g). The Commission designated subsection (a)(7) pursuant to 1 CMC § 3806(a).

 

§ 70-20.1-105 Eligibility Requirements for Merit Incentive Award

 

The merit incentive award is given in addition to the EAP grant. To be considered for a merit incentive award, a recipient of the EAP grant must satisfy the following requirements:

 

(a)       Must be a full-time and continuing undergraduate student.

 

(b)       On a 4.0 scale, a student must maintain a cumulative grade point average of 3.00 to 3.49 to receive a merit incentive award up to $1,000.00 per academic year.

 

(c)       On a 4.0 scale, a student must maintain a cumulative grade point average of 3.50 or higher to receive a merit incentive award up to $2,000.00 per academic year.

 

(d)       Note: Merit incentive awards are contingent upon availability of funds. Lesser amounts may be granted. All individuals receiving the merit incentive award will receive the same amount. Students taking developmental courses in fulfillment of a full-time status are not eligible for a merit incentive award.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

Commission Comment: The Commission designated subsection (d) pursuant to 1 CMC § 3806(a).

 

§ 70-20.1-110 Eligibility Requirements for Part-Time Students

 

Undergraduate students must meet the following criteria:

 

(a)       EAP requirements for New Applicants, Continuing Students, or Returning Students; and,

 

(b)       Be employed full-time in the Private or Public Sector within the CNMI throughout his/her educational pursuit. This may be waived for applicants with a Certified Disability. Employment Verification Form must be completed and submitted each enrollment period; and,

 

(c)       Be accepted and enrolled for one to eleven credits in an accredited college or institution. Proof of enrollment must be provided.

 

(d)       Awards for part-time recipients will be prorated.

 

(e)       Note: Part-time EAP, graduate program, and merit incentive awards are contingent upon availability of funds. Eligibility awards will be determined after September 15th for fall term; February 15th for winter and spring term.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

Commission Comment: The Commission corrected the capitalization of “new applicants,” “continuing students,” “returning students,” “private or public sector,” and “certified disability” pursuant to 1 CMC § 3806(f). The Commission struck the figures “1” and “11” pursuant to 1 CMC § 3806(e). The Commission designated subsection (e) pursuant to 1 CMC § 3806(a). The Commission inserted a comma after the word “program” in subsection (e) pursuant to 1 CMC § 3806(g).

 

§ 70-20.1-115 Application Deadline

 

(a)       It is the student’s responsibility to obtain and complete forms by the established deadline in order to be considered for EAP. Complete and signed applications must be received or post-marked by: July 1st for fall term; December 15th for winter/spring term. Denial of EAP awards based on the receipt of a late application is not subject to appeal.

 

(b)       Note: If the deadline falls on a weekend or a holiday, the deadline will be the next working day.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

Commission Comment: The Commission corrected the capitalization of “fall,” “winter,” “spring,” and “term” pursuant to 1 CMC § 3806(f).

 

§ 70-20.1-120 Satisfactory Academic Progress (SAP)

 

A student is qualified to receive EAP only if both quantitative and qualitative SAP is being maintained. SAP for EAP is defined as:

 

(a)       Quantitative measure is completing the following number of non-repeat credits:

(1)       EAP Undergraduate Full-time:          Twelve (12) credits

(2)       EAP Undergraduate Part-time:          Credits awarded*

(3)       Graduate & Professional Full-time:  Nine (9) credits or as defined by the institution.

 

(b)       Qualitative measure is maintaining the following grade point average (GPA):

(1)       EAP Undergraduate:                          2.75 Cumulative GPA

(2)       Merit Incentive Awards:                    As defined in section 70-20.1-105(a), (b), & (c)

(3)       Graduate & Professional:                   As required by the institution to remain enrolled.

 

(c)       Note: First-time recipient of EAP will be considered for financial assistance even if his/her GPA is below the SAP requirement. However in order to continue in the EAP program the recipient must achieve the cumulative GPA requirement, as defined in Section IX(b)*, at the end of the term awarded.

 

* So in original. See Commission Comment.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

Commission Comment: The Commission updated the citation in subsection (b)(2) pursuant to 1 CMC § 3806(d). The Commission designated subsection (c) pursuant to 1 CMC § 3806(a). Section IX(b), cited in subsection (c), does not exist in the original regulation.

 

§ 70-20.1-125 Students Who Either Drop or Withdraw From Classes

 

(a)       An EAP recipient who either drops or withdraws from classes and fails to complete the minimum required number of credits will be suspended from the program and disqualified from further participation until he or she fulfills the requirement of the award given. A student on suspension may be reinstated upon completion of hours lacking from the last term awarded.

 

(b)       An EAP recipient who falls below the required SAP will be suspended from the program and disqualified from further participation until he or she meets the required cumulative GPA.

 

(c)       Letter grades for incomplete courses must be submitted to the Scholarship Office prior to the first day of the following instructional term. Awards will not be released until the letter grade is submitted to the Scholarship Office.

 

(d)       A recipient who received an award and is not enrolled will be required to return the funds immediately. Failure to repay/return the funds will result in immediate referral to a collection agency.

 

(e)       EAP will not fund any courses taken during the summer term.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

Commission Comment: The Commission corrected the capitalization of “letter grades,” “incomplete courses,” and “collection agency” pursuant to 1 CMC § 3806(f).

 

§ 70-20.1-130 Repayment

 

(a)       All recipients are required to return to the CNMI no later than three months after completion of their degree program. The recipient further agrees to perform Commonwealth work for a period equal to the period for which the recipient received scholarship assistance from the SAB. For each such six month period of Commonwealth work, SAB will consider the recipient to have repaid the equivalent value of the scholarship assistance the recipient accepted for one academic term.

 

(b)       A recipient who fails to complete his or her educational degree program will be required to repay the amount of scholarship awarded. The amount may either be repaid in full or in installments, as determined by the CNMI Scholarship Office.

 

(C)       Legal proceedings will be taken to recover the total amount of scholarships awarded. The recipient shall also pay all legal expenses and fees incurred by the government in the effort to recover scholarship awards.

 

(d)       No penalty shall be imposed on a recipient who obtain their baccalaureate degree and decides to enter a post-graduate degree program. The repayment or cancellation of such scholarship will be deferred until the student obtains of their post-graduate degree whether or not the student is receiving scholarship funds. However, should the student cease his/her post-graduate program, he/she must return to the CNMI within three months to commence work. Failure to return will result in the student being required to repay all scholarship awards previously received.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

Commission Comment: The Commission corrected the capitalization of “work,” “recipient,” and “degree program” pursuant to 1 CMC § 3806(f). The Commission struck the figures “3” and “6” pursuant to 1 CMC § 3806(e).

 

§ 75-20.1-135 Duration of Award

 

All programs that the Scholarship Office administers will be considered in determining the duration of the award. No EAP will be awarded once a recipient has completed a “Level of Education,” as defined in section 75-20.1-005(k)(l). EAP

grants will then only be awarded for the next level of education.

 

(a)       Undergraduate Degrees

(1)       Two and a half academic years for full-time undergraduate program leading toward an associate’s degree.

(2)       Four academic years for part-time undergraduate programs leading toward an associate’s degree.

(3)       Four and a half academic years for full-time undergraduate programs leading toward a bachelor’s degree. A maximum of five years is allowed for completion of specialized majors, as required by the Institution.

(4)       Eight academic years for part-time undergraduate programs leading toward a bachelor’s degree. A maximum of ten years is allowed for completion of specialized majors, as required by the Institution.

(5)       EAP Assistance provided for Certificate and Associate’s Degree will be included when determining the duration of award for a bachelor’s degree program.

(6)       Note: Full-time first year students enrolled in developmental course, as required by the institution, may be eligible for financial assistance for a total of 12 paid credits. However, this does not exempt the recipient in completing the program within the established duration period. Duration of awards will not apply to students with certified disabilities.

 

(b)       Graduate Degrees

(1)       Two academic years for graduate level students, leading to a master’s degree or registry and licensure.

(2)       Four academic years for a Juris Doctor degree.

(3)       Six and a half academic years for an advanced degree directly providing health care (not administrative), e.g. MD, DDS, DO which generally require additional years of study, as specified in the catalog enforced at the time the student is enrolled.

(4)       Note: Commencing with academic year 2003-04, financial assistance for all levels of graduate programs will only be made* upon availability of funds.

 

(c)       Extending Duration of Award: Upon the written request of an EAP scholarship recipient who demonstrates that he or she cannot complete his or her degree during the above-stated period due to restraints put in place by the academic institution, the SAB may, upon a majority vote, choose to extend assistance for that student for a period to be determined by the Board. In determining whether to extend assistance, the Board should consider what steps the student could have taken to prevent the restraint.

 

* So in original.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

Commission Comment: The Commission updated the citation to Section II(k)(1) in the initial paragraph to section 75-20.1-005(k)(1) pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “bachelor’s,” “certificate,” “associates,” and “degree” in subsection (a)(5), “registry” and “licensure” in subsection (b)(1), and “degree” in subsection (b)(2) pursuant to 1 CMC § 3806(f). The Commission designated subsections (a)(6) and (b)(4) pursuant to 1 CMC § 3806(a).

 

§ 75-20.1-140 Memorandum of Agreement

 

When accepting an award, the recipient will receive and sign the Memorandum of Agreement outlining the applicable Terms and Conditions established by law, rules and regulations promulgated by the Scholarship Program, and as follows:

 

(a)       In recognition of the scarcity of trained manpower in the Commonwealth, each recipient of grants and/or incentives is required to return to the CNMI within three (3) months after completion of his/her degree plan or non-enrollment from school and work in the CNMI public or private sector for a period of one year for each year of financial assistance received, unless otherwise specified by law.

 

(b)       A recipient who, after a good-faith effort, is unsuccessful in finding employment in the Commonwealth within the three months after completion of his/her degree plan or non-enrollment from school may request, in writing, an extension of time to secure employment in the Commonwealth. Documentation justifying non-employment must accompany the request for a deferment.

 

(c)       Recipients who do not comply with the Memorandum of Agreement (MOA) shall repay the total amount of funds awarded The amount may be paid in full or in installments. The Scholarship Program Administrator will arrange a payment schedule after reviewing the recipient’s financial statement.

 

(d)       Legal proceedings will be taken to recover the total amount of EAP and/or incentive awarded should a recipient fail to return to the CNMI within three months or request an extension pursuant to Section XXII(b)* after receipt of his/her degree or the conclusion of his/her educational pursuit. The recipient shall pay all fees and interest charged by the collection agency, including legal expenses incurred by the government in an effort to recover EAP and/or merit incentive awards.

 

(e)       No penalty shall be imposed on a recipient who decides to return to the CNMI and find employment in the CNMI before the completion of study; the appropriate cancellation rates shall be applied. However, should the recipient return to school, the cancellation shall cease immediately and the amount owing shall be added toward the new EAP.

 

* So in original. See Commission Comment.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

Commission Comment: The Commission corrected the capitalization of “public or private sector” in subsection (a) and of “financial statement” in subsection (c) pursuant to 1 CMC § 3806(f). The Commission struck the figure “3” from subsections (c) and (d) pursuant to 1 CMC § 3806(e).

 

Subsection (d) cites to Section XXII(b) of the regulation. No such section exists.

 

§ 75-20.1-145 Fraudulent Information

 

All documents received by the Scholarship Office are subject to verification. The applicant is personally responsible for the integrity of these documents. Recipients and/or their authorized representative who submit documents that are false or tampered with in any way will result in the recipients’ immediate and permanent removal from any of the programs administered by the Scholarship Office. Documents include, but are not limited to, application, supporting documents, grade reports, transcripts, letters of reference or letters of recommendation, etc.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

§ 75-20.1-150 Appeals

 

(a)       A recipient who is denied EAP has the right to appeal a decision of the Scholarship Office.

 

(b)       Appeals must be in writing, addressed to the Chairperson of the Scholarship Advisory Board.

 

(c)       Appeals must be postmarked or hand-delivered no later than twenty-one calendar days after notification of the decision by the Scholarship Administrator. Notification of denial if mailed shall be given via certified mail, return receipt requested.

 

(d)       Appeals to the Scholarship Advisory Board shall be heard and decided pursuant to applicable CNMI law, including, but not limited to, the CNMI Administrative Procedure Act, 1 CMC § 9101 et seq.

 

(e)       All decisions by the Scholarship Advisory Board on appeals are final regarding the administrative review process.

 

(f)        Denials based on late submission of an application or due to a repeated course are not subject to the appeal process.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 

Commission Comment: The Commission struck the figure “21” from subsection (c) pursuant to 1 CMC § 3806(e). The Commission removed the period after the word “et” in subsection (d) pursuant to 1 CMC § 3806(g).

 

Part 200 -       Miscellaneous Provisions

 

§ 75-20.1-201 Effective Date

 

These rules and regulations shall take effect upon adoption by the SAB and publication in the

Commonwealth Register.

 

History: Adopted 34 Com. Reg. 32406 (Apr. 29, 2012); Proposed 34 Com. Reg. 32315 (Feb. 29, 2012); Emergency 33 Com. Reg. 32116 (Dec. 29, 2011).

 


 

SUBCHAPTER 75-20.2

HONOR SCHOLARSHIP PROGRAM FOR POST SECONDARY EDUCATION RULES AND REGULATIONS

 


Part 001          General Provisions

§ 75-20.2-001 Purpose

§ 75-20.2-005 Definitions for Implementing Public Law 14-37

 

Part 100          Scholarship Application and Award

§ 75-20.2-101 Application

§ 75-20.2-105 Selection Criteria

§ 75-20.2-110 Scholarship Award

§ 75-20.2-115 Scholarship Maintenance and Conditions

§ 75-20.2-120 Probation and Termination

§ 75-20.2-125 Transfer or Change of Field of Study

§ 75-20.2-130 Repayment

§ 75-20.2-135 Fraudulent Information

§ 75-20.2-140 Appeals

 

Part 200          Miscellaneous Provisions

§ 75-20.2-201 Effective Date


 

Subchapter Authority: 3 CMC §§ 1341-1343; Executive Order 94-3 § 211.

 

Subchapter History: Adopted 34 Com. Reg. 33116 (Nov. 29, 2012); Proposed 34 Com. Reg. 32750 (Aug. 29, 2012); Emergency 34 Com. Reg. 32483 (July 29, 2012); Amdts Adopted 33 Com. Reg. 31395 (Feb. 24, 2011); Amdts Proposed 33 Com. Reg. 31265 (Jan. 24, 2011); Amdts Adopted 27 Com. Reg. 24522 (May 18, 2005); Amdts Proposed 27 Com. Reg. 24109 (Mar. 17, 2005); Amdts Emergency and Proposed 26 Com. Reg. 23084 (Nov. 30, 2004) (effective for 120 days from Oct. 27, 2004);* Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

*A notice of permanent adoption for the November 2004 amendments was never published.

 

Commission Comment: 3 CMC § 1304 creates the Northern Marianas College as a nonprofit public corporation, under the general control and direction of the Board of Regents of the Northern Marianas College. See also 3 CMC § 1311. The Board of Regents is authorized to review eligibility based on established policy or criteria and to establish awards for all publicly funded financial assistance for post-secondary education of Commonwealth students within the Commonwealth. 3 CMC § 1316(d).

 

PL 7-32 (effective June 20, 1991), the “Postsecondary Education Scholarship Act of 1990,” codified as amended at 3 CMC §§ 1341-1343, created annual scholarships for CNMI high school graduates to attend accredited colleges or universities in the Commonwealth or the United States. See 3 CMC § 1342.

 

PL 14-37 (effective Oct. 22, 2004), the “CNMI Honor Scholarship Act of 2004,” repealed and reenacted 3 CMC §§ 1341 and 1342. See PL 14-37 § 3. The act continues the original scholarship program with clarifications as to who is eligible for the awards. 3 CMC § 1343 authorizes the Northern Marianas College Board of Regents to administer the provisions of the act and promulgate necessary regulations.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 211:

 

Section 211. Scholarships.

 

(a)          All functions of the Northern Marianas College Board of Regents relating to student scholarships, except those donated, bequeathed, or granted to the College by parties outside the Commonwealth Government, are transferred to the Office of the Governor.

 

(b)          There is hereby established in the Office of the Governor a Scholarship Advisory Board consisting of nine members who shall be appointed by and serve at the pleasure of the Governor. At least two of the members shall be from Tinian, and at least two from Rota. Not more than five of the board members shall be associated with a single political party. The Board shall review applications for scholarships and make recommendations to the Governor with respect thereto. The Board shall also recommend objective standards for the award of scholarships. The provisions of [PL 8-41] shall not apply to the Board.

 

(c)          As used in this section, the term “scholarships” includes student grants, student loans, and other programs of student financial assistance. The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

The May 2005 amendments repealed and re-promulgated this subchapter in its entirety.

 

On February 20, 2009, the Commonwealth Supreme Court ruled that the regulations in this chapter failed to implement the statutorily-mandated criteria set forth in 3 CMC § 1342(b), and issued the following order:

 

The scholarship board shall promptly:

(1)          Promulgate rules and regulations consistent with the statutory language of 3 CMC § 1342, which requires the scholarship board to weigh the applicants’ respective grade point averages, SAT or ACT scores, extra-curricular activities, the difficulty of the high school coursework, and at least two letters of recommendation in selecting scholarship recipients. In promulgating the rules and regulations, the scholarship board must assign a percentage value to all the statutorily-mandated criteria set forth in Section 1342(b). Additionally, the regulations must adequately set forth the methodology for ensuring that the scholarship board uniformly evaluates the difficulty of the applicants’ coursework; and

(2)          Reevaluate the entire set of applications for the 2006 honor scholarships, and award the scholarships based on the statutorily-mandated criteria set forth in 3 CMC § 1342(b).

 

Calvo v. Northern Mariana Islands Scholarship Advisory Board, 2009 MP 2 ¶ 31.

 

The 2011 amendments repealed and re-promulgated this subchapter. The 2012 amendments also repealed and re-promulgated this subchapter.

 

PL 18-40 (Mar. 21, 2014) dissolved the Scholarship Office and replaced it with a new CNMI Scholarship Office, independent of the Office of the Governor. Section 5(c) of the Public Law provided, “The policies, rules and regulations of the Scholarship Office shall continue as policies, rules and regulations of the CNMI Scholarship Office until amended or repealed by the CNMI Scholarship Board of Directors.”

 

Part 001 -       General Provisions

 

§ 75-20.2-001 Purpose

 

These regulations implement the provisions of the CNMI Honor Scholarship Act, 3 CMC § 1342. They repeal and replace the Honor Scholarship Program For Post Secondary Education Rules and Regulations, NMIAC § 75-20.2. They are promulgated pursuant to, and in accordance, with the Supreme Court Order in Calvo v. Northern Mariana Islands Scholarship Advisory Board, 2009 MP 2.

 

History: Adopted 34 Com. Reg. 33116 (Nov. 29, 2012); Proposed 34 Com. Reg. 32750 (Aug. 29, 2012).

 

§ 75-20.2-005 Definitions for Implementing Public Law 14-37

 

(a)       “Cumulative Grade Point Average”: The Grade Point Average for all terms combined. The recipient must have a 3.00 cumulative GPA on a 4.00 scale at the end of each school year.

 

(b)       “Full-Time Status”: Twelve (12) credits per enrollment period. Courses that are repeated will not be counted as fulfillment of a student’s full-time enrollment status.

 

(c)       “Probation”: A condition placed on a student who failed to comply with the statutory

requirement or in any of the Rules and Regulations promulgated by the Scholarship Advisory Board.

 

(d)       “Termination”: Discontinued from the program.

 

(e)       “SAT”: Scholastic Achievement Test.

 

(f)        “ACT”: American College Testing.

 

History: Adopted 34 Com. Reg. 33116 (Nov. 29, 2012); Proposed 34 Com. Reg. 32750 (Aug. 29, 2012).

 

Commission Comment: The Commission corrected the spelling of “full-time” in subsection (b), corrected the spelling of “Regulations” in subsection (c), and inserted periods at the ends of subsections (e) and (f) pursuant to 1 CMC § 3806(g). The Commission inserted quotation marks around terms defined.

 

Part 100 -       Scholarship Application and Award

 

§ 75-20.2-101 Application

 

(a)       All Applications and required documents must be received by the CNMI Scholarship Advisory Board, Office of the Governor, on or before June 30th of the year for which the scholarship is to be commenced. Note: If the Deadline falls on a weekend or a holiday, deadline will be on the next working day.

 

(b)       The required documents include, but are not limited to:

(1)       an official high school transcript, inclusive of the last quarter’s 12th grade*;

(2)       a letter of acceptance from an accredited college or university;

(3)       proof of compliance with statutory requirements, as demonstrated by, but not limited to*

(4)       Scholastic Achievement Test (SAT) and/or American College Testing (ACT), two letters of recommendation, a description of extra-curricular activities, and proof of citizenship and residency such as a U.S. passport, parents’ CNMI tax forms, CNMI voter registration, or other similar documents deemed acceptable or appropriate to the Scholarship Advisory Board.

 

(c)       At the beginning of each academic year on-going recipients must submit all the required

documents to maintain their scholarship.

 

* So in original.

 

History: Adopted 34 Com. Reg. 33116 (Nov. 29, 2012); Proposed 34 Com. Reg. 32750 (Aug. 29, 2012).

 

Commission Comment: The Commission corrected the spelling of “extra-curricular” in subsection (b)(4) pursuant to 1 CMC § 3806(g).

 

§ 75-20.2-105 Selection Criteria

 

(a)       The Scholarship Advisory Board shall meet after July 15th for the purpose of selecting

the scholarship recipients.

 

(b)       The Scholarship Advisory Board shall review and evaluate the applications of applicants using the criteria established by law and those imposed by the NMI Supreme Court.

(1)       Applicants must be a U.S. citizen or a U.S. national.

(2)       Applicants must be newly high school graduates who have attained a combination of highest cumulative grade point average and highest SAT and/or ACT score. In addition, applicants’ extra-curricular activities, difficulty of courses taken, and at least two letters of recommendation will be used in the selection process.

Process of Ranking Scholarship:

(i)        80% of the rank will be determined by the applicants’ cumulative grade point average and difficulty of courses. The Scholarship Advisory Board (“SAB”) has determined that the public/private education system in the NMI is valid in that all high schools in the NMI are accredited. Moreover, all high schools in the NMI allow their students to take Advanced Placement (AP) or honor courses. These courses allow students who wish to take more difficult courses to be rewarded via a higher Cumulative Grade Point Average. This is so because all schools in the NMI give students who take AP or honors courses grades on a five point scale instead of the traditional 4 point scale. The SAB rejects the process of norming GPAs because this would fail to distinguish students who took AP or honors courses and those students who did not. The board has studied the problem and believes this is the best way to incorporate the difficult of a student’s coursework. Students will be ranked according their cumulative grade point average from highest to lowest with the highest-ranking student receiving a “one.”

(ii)       14% of the rank will be determined by the single highest total SAT or ACT score that the applicant received on a given testing day. Scores may not be combined. ACT scores will be converted to an equivalent SAT score. Students will be ranked according to their highest total SAT (or converted ACT) score from highest to lowest with the highest-ranking student receiving a “one.”

(iii)      3% of the rank shall be determined by the student's extra-curricular activities. Prior to the SAB meeting, the student's extra-curricular activities will be separated from any identification markers. The individual Board members will then judge the extra-curricular activities on a scale of “one,” “two,” or “three.” Outstanding extra-curricular activities shall receive a “one,” average activities shall receive a “two” and subaverage activities shall receive a “three.” Each Board member voting shall make their own decision based on years of service and the nature thereof. Compensated extra-curricular activities shall not be considered. Upon each member awarding the total activities a “one,” “two,” or “three,” the high and low score shall be discarded and the average of all scores shall be determined. All averages shall be rounded to the nearest whole number. Thus, a 2.3 is a 2 and a 1.9 is a 2. (Extra-curricular activities must be certified by the coordinate* of the event.)

(iv)      3% of the rank shall be determined by the student's letters of recommendation. Prior to the SAB meeting, the student’s letters of recommendation will be separated from any identification markers. The individual Board members will then judge the letters of recommendation on a scale of “one,” “two,” or “three.” Outstanding recommendations shall receive a “one,” average recommendations shall receive a “two” and subaverage recommendations shall receive a “three.” Each Board member voting shall make their own decision based on the nature of the letter. The author of the letter shall not be considered. Upon each member awarding the letters a “one,” “two,” or “three,” the high and low score shall be discarded and the average of all scores shall be determined. All averages shall be rounded to the nearest whole number. Thus, a 2.3 is a 2 and a 1.9 is a 2.

(v)       Once applicants have a rank for their grade point average, SAT/ACT score, extra-curricular activities, and letters of recommendation, the rankings will be multiplied by the appropriate percentage and totaled. The applicants with the ranking closest to one will receive the awards in order until all the available scholarships under the program are provided.

(vi)      The following example shows how the ranking process works.

 

Student

CGPA (rank)

80% GPA Score

SAT/ACT (rank)

14% SAT/ACT Score

Extra Curric.

3% Extra Curric. Score

LOR (rank)

3% LOR Score

Total

Place

A

4.25 (1)

.8

1275 (6)

.84

2

.06

3

.09

1.79

1

F

4.15 (2)

1.6

1400 (3)

.42

2

.06

2

.06

2.14

2

E

4.1 (3)

2.4

1000 (8)

1.12

3

.09

2

.06

3.67

4

G

4.06 (4)

3.2

1600 (1)

.14

2

.06

1

.03

3.43

3

I

4.01 (5)

4

1500 (2)

.28

2

.06

2

.06

4.4

5

C

4 (6)

4.8

1325 (4)

.56

1

.03

2

.06

5.48

6

B

4 (6)

4.8

1300 (5)

.70

2

.06

2

.06

5.62

7

H

3.99 (7)

5.6

1325 (4)

.56

2

.06

2

.06

6.28

8

D

3.75 (8)

6.4

1250 (7)

.98

2

.06

1

.03

7.47

9

 

Under this example, if eight scholarships were available, the individuals ranked first through eighth will receive awards. In other words, only applicant D would not receive an award.

(vii)     For the purpose of a tiebreaker, the SAB shall use the highest Cumulative Grade Point Average. Thus, for the students who are tied, the one(s) with the highest CGPA wins the award(s).

(3)       Applicants graduating within the CNMI must have attended school within the CNMI for a minimum total of six years. Within the six years requirement, applicants must have attended the CNMI* - two years immediately preceding the date of the award.

(4)       In addition to the subsection (b)(1) and (b)(2) requirement, applicants graduating from a high school within the United States of America or its territories as one of the top students, scholastically are eligible to apply, provided that the applicant has attained the highest scholastic achievement with a 4.0 or higher cumulative grade point average and whose parent(s) are bona fide CNMI resident(s) at the time of application and have been so for a minimum period of eight years prior to the date of application.

 

* So in original.

 

History: Adopted 34 Com. Reg. 33116 (Nov. 29, 2012); Proposed 34 Com. Reg. 32750 (Aug. 29, 2012).

 

Commission Comment: The Commission corrected the capitalization of “national” in subsection (b)(1) and “author” in subsection (b)(2)(iv) pursuant to 1 CMC § 3806(f). The Commission inserted a comma after the word “taken” in subsection (b)(2), corrected the word “GPA’s” to “GPAs” in subsection (b)(2)(i), corrected the placement of the apostrophe in the word “student’s” in subsection (b)(2)(i), corrected the slash after the word “score” to a period in subsection (b)(2)(ii), converted the brackets to parentheses and placed the word in parentheses in sentence format in subsection (b)(2)(iii), and corrected the spelling of “bona fide” in subsection (b)(4) pursuant to 1 CMC § 3806(g). The Commission struck the figures “6” and “2” in subsection (b)(3) and “8” in subsection (b)(4) pursuant to 1 CMC § 3806(e). The Commission changed the phrase “3.2.1 and 3.2.2 requirement” in subsection (b)(4) to “subsection (b)(1) and (b)(2) requirement” pursuant to 1 CMC § 3806(c).

 

§ 75-20.2-110 Scholarship Award

 

(a)       Either the actual cost of the scholarship benefits as established by P.L. 14-37 or the amount of fifteen thousand dollars which ever* is less, will be awarded to each recipient for each academic year. Awards will be decreased by any amount the recipient receives from other grants or scholarships.

 

(b)       The award will pay for costs directly related to the student’s educational needs, including but not limited to tuition, textbooks, school supplies, and housing allowance, provided that the amount allocated for room and board shall not exceed $5,000.00 or 50% of the institution’s estimated room and board expense, whichever is less.

 

(c)       The award per term will be prorated.

 

(d)       If a recipient either dropped out of school or is terminated by the school, all scholarship privileges will be terminated immediately and the recipient will be required to remit the whole amount of moneys provided through this scholarship fund to the CNMI government.

 

(e)       Scholarship may not be used to cover for expenses not included in the institution’s definition for cost of attendance.

 

(f)        If an applicant declines an award or receives scholarship funds from other sources that equal the full amount of applicants’ cost of attendance, the applicant will not be provided an award under this program. The applicant’s award will instead be provided to the next eligible applicant by rank.

 

* So in original.

 

History: Adopted 34 Com. Reg. 33116 (Nov. 29, 2012); Proposed 34 Com. Reg. 32750 (Aug. 29, 2012).

 

Commission Comment: The Commission corrected the capitalization of “fifteen thousand” and struck the figure “$15,000” in subsection (a) pursuant to 1 CMC § 3806(e) and (f). The Commission corrected the spelling of the word “scholarships” in subsection (a) pursuant to 1 CMC § 3806(g). The Commission corrected the phrase “Institutions Definition for Cost of Attendance” in subsection (e) to “institution’s definition for cost of attendance” pursuant to 1 CMC § 3806(f) and (g).

 

§ 75-20.2-115 Scholarship Maintenance and Conditions

 

(a)       The recipient graduating from high-school selected for the scholarship may continue to receive scholarship but no more than five academic years, as long as he/she maintains the required cumulative GPA of 3.00 on a 4.00 scale at the end of each school year.

 

(b)       The recipient must submit a certified copy of the institution’s cost of attendance each academic year. If the recipient fails to submit the institution’s cost of attendance all scholarship privileges will be deferred until the Scholarship Advisory Board receives such document.

 

(c)       The recipient must enroll and maintain a full-time status each enrollment period.

 

(d)       At the end of each enrollment period, the recipient must provide the Scholarship Advisory Board with a copy of his/her grade report for the enrollment period ending. At the end of each academic year, the student must provide the Scholarship Advisory Board with an official sealed transcript. If the recipient fails to submit the official transcript or the grade report, all scholarship privileges will be deferred until the Scholarship Advisory Board receives such document(s).

 

(e)       The recipient must sign and have notarized a Memorandum of Agreement approved by the Scholarship Advisory Board for each academic year in order to receive scholarship benefits. This Memorandum of Agreement shall set forth the terms and conditions pursuant to which scholarship benefits will be granted to the recipient. Each Agreement must be notarized and returned to the Scholarship Advisory Board before the recipient will receive any scholarship benefits.

 

(d)       A recipient who is enrolled in a two-year institution must have prior approval from the Scholarship Advisory Board prior to enrolling in any two-year institution for a third academic year.

 

(e)       All scholarship recipients must declare their field of study before the beginning of their second year in college. The Scholarship Advisory Board will hold awards until this information is received in writing, via fax, or email or via an appropriate mail service to the following address:

 

Scholarship Advisory Board

Office of the Governor

Caller Box 10007

Saipan, MP 96950

 

Facsimile: 670-664-4759

Email Address: cnmisab@cnmischolarship.com

 

(f)        All scholarship recipients must advise the Scholarship Advisory Board of both their school and CNMI address each time there is a change.

 

(g)       A recipient is not eligible for same or lower level of education.

 

History: Adopted 34 Com. Reg. 33116 (Nov. 29, 2012); Proposed 34 Com. Reg. 32750 (Aug. 29, 2012).

 

Commission Comment: The Commission struck the figures “5” in subsection (a) and “3rd” in subsection (d) pursuant to 1 CMC § 3806(e). The Commission corrected the phrase “Institutions’ Cost of Attendance” in subsection (b) to “institution’s cost of attendance” pursuant to 1 CMC § 3806(f) and (g).

 

§ 75-20.2-120 Probation and Termination

 

(a)       The recipient must maintain a full-time status and have a GPA of 3.00 on a 4.0 scale cumulatively at the end of each academic year. If the recipient fails to maintain a required GPA, or if the number of credit hours drops below that of full-time status at the end of an enrollment period or the student fails to comply with the statutory requirements or the terms of the Memorandum of Agreement, the student will be placed on probation for the following academic year.

 

(b)       Scholarship benefits will be awarded during the probation period. However, the student must make up the credits lacking while also maintaining a full-time (12 credits) status. By the end of the probationary enrollment period the student must be able to meet the minimum GPA requirement and be in compliance with the statutory requirements and the terms of the students’* Memorandum of Agreement.

 

(c)       If the student does not meet the required GPA requirements or does not complete the credits lacking in addition to maintaining full-time status or is not in compliance with the statutory requirements or the terms of the Memorandum of Agreement during the probationary enrollment period, the scholarship benefits will terminate immediately, and the recipient will not be allowed any future participation in the program.

 

* So in original.

 

History: Adopted 34 Com. Reg. 33116 (Nov. 29, 2012); Proposed 34 Com. Reg. 32750 (Aug. 29, 2012).

 

Commission Comment: The Commission corrected the spelling of “full-time” in subsection (a) and “make up” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 75-20.2-125 Transfer or Change of Field of Study

 

Permission must first be obtained from the Scholarship Administrator if a recipient wants to transfer to another institution or change his/her field of study. A request shall be in writing and, if the request is to another institution, an acceptance letter from the institution to which a student is transferring must be submitted with the request for an approval of transfer.

 

History: Adopted 34 Com. Reg. 33116 (Nov. 29, 2012); Proposed 34 Com. Reg. 32750 (Aug. 29, 2012).

 

§ 75-20.2-130 Repayment

 

(a)       All recipients of such scholarship are required to return to the CNMI no later than three months after completion of their degree program.

 

(b)       Recipients, who fail to complete his/her educational degree program, will be required to repay the amount of scholarship awarded. The amount may either be repaid in full or in installments as determined by the Scholarship Advisory Board and the recipient.

 

(c)       Legal proceedings will be taken to recover the total amount of scholarships awarded in order to enforce the requirements provided in subsections (a) and (b). The recipient shall also pay all legal expenses and fees incurred by the government in the effort to recover scholarship awards.

 

(d)       No penalty shall be imposed on a recipient who obtain their baccalaureate degree and decides to enter a post-graduate degree program. The repayment or cancellation of such scholarship will be deferred until the student obtains their post-graduate degree whether or not the student is receiving scholarship funds. However, should the student cease his/her post-graduate program, he/she must return to the CNMI within three months to commence work. Failure to return will result in the student being required to repay all scholarship awards previously received.

 

History: Adopted 34 Com. Reg. 33116 (Nov. 29, 2012); Proposed 34 Com. Reg. 32750 (Aug. 29, 2012).

 

Commission Comment: The Commission struck the figure “3” in subsections (a) and (d) pursuant to 1 CMC § 3806(e). The Commission changed the phrase “§ 8.1 and 8.2 above” in subsection (c) to “subsections (a) and (b)” pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of “degree program” in subsection (d) pursuant to 1 CMC § 3806(f).

 

§ 75-20.2-135 Fraudulent Information

 

All documents received by the Scholarship Advisory Board are subject to verification from the Institution and sources from which it came. The applicant and his or her family or authorized representatives are individually responsible for the integrity of such documents. Recipients and the authorized representative who submit documents that are false or tampered in any way(s) will result in the recipient immediate and permanent removal from any Scholarship program administered by Scholarship Advisory Board. Documents include but are not limited to application, supporting documents, grade reports, transcript, etc.

 

§ 75-20.2-140 Appeals

 

(a)       A recipient who is denied P.L. 14-37* has the right to appeal to the Scholarship Advisory Board.

 

(b)       The appeal must be in writing addressed to the Chairperson of the Scholarship Advisory Board.

 

(c)       The appeal must be postmarked or hand-delivered no later than twenty-one calendar days after notification of the decision by the Scholarship Administrator. If notification is via mail it shall be given via a certified mail, return receipt requested.

 

(d)       The appeal to the Scholarship Advisory Board shall be heard and decided pursuant to applicable CNMI law, including, but not limited to, the CNMI Administrative Procedure Act, 1 CMC Section 9101 et seq.

 

(e)       All decisions by Scholarship Advisory Board on appeals are final regarding the administrative review process.

 

History: Adopted 34 Com. Reg. 33116 (Nov. 29, 2012); Proposed 34 Com. Reg. 32750 (Aug. 29, 2012).

 

Commission Comment: The Commission struck the figure “21” in subsection (c) pursuant to 1 CMC § 3806(e). The Commission removed the period after the word “et” in subsection (d) pursuant to 1 CMC § 3806(g).

 

Part 200 -       Miscellaneous Provisions

 

§ 75-20.2-201 Effective Date

 

These Rules and Regulations shall take effect as soon as possible.

 

History: Adopted 34 Com. Reg. 33116 (Nov. 29, 2012); Proposed 34 Com. Reg. 32750 (Aug. 29, 2012).

 

Commission Comment: The Commission corrected the spelling of “effective” in the section title pursuant to 1 CMC § 3806(g). The Commission corrected “Regulation” to “Regulations” pursuant to 1 CMC § 3806(g).

 

 


 

SUBCHAPTER 75-20.3

 

POST SECONDARY TEACHER EDUCATIONSCHOLARSHIP PROGRAM RULES AND REGULATIONS

 


Part 001          General Provisions

§ 75-20.3-001 Purpose

§ 75-20.3-005 Definitions for Implementing Public Law 10-58 as Amended by Public Law 11-34

 

Part 100          Application, Eligibility and Award

§ 75-20.3-101 Application Procedure

§ 75-20.3-105 Eligibility

§ 75-20.3-110 Duration of Eligibility

§ 75-20.3-115 Persons Eligible

§ 75-20.3-120 Minimum Scholastic Achievement

§ 75-20.3-125 Amount and Distribution of Awards

 

Part 200          Probation, Termination, Repayment and Appeals

§ 75-20.3-201 Probation and Termination

§ 75-20.3-205 Repayment

§ 75-20.3-210 Fraudulent Information

§ 75-20.3-215 Appeals

 

Part 300          Miscellaneous Provisions

§ 75-20.3-301 Effective and Expiration Dates


 

Subchapter Authority: 3 CMC §§ 1601-1603; Executive Order 94-3 § 211.

 

Subchapter History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

Commission Comment: PL 10-58 (effective May 15, 1997), codified as amended at 3 CMC §§ 1601-1603, creates a post secondary teacher education scholarship program to award college scholarships to students who are pursuing a professional degree in teaching and meet the requirements of the act. See 3 CMC § 1601. 3 CMC § 1602 authorizes the Scholarship Office to administer the provisions of the act and promulgate necessary regulations.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 211:

 

Section 211. Scholarships.

 

(a)          All functions of the Northern Marianas College Board of Regents relating to student scholarships, except those donated, bequeathed, or granted to the College by parties outside the Commonwealth Government, are transferred to the Office of the Governor.

 

(b)          There is hereby established in the Office of the Governor a Scholarship Advisory Board consisting of nine members who shall be appointed by and serve at the pleasure of the Governor. At least two of the members shall be from Tinian, and at least two from Rota. Not more than five of the board members shall be associated with a single political party. The Board shall review applications for scholarships and make recommendations to the Governor with respect thereto. The Board shall also recommend objective standards for the award of scholarships. The provisions of [PL 8-41] shall not apply to the Board.

 

(c)          As used in this section, the term “scholarships” includes student grants, student loans, and other programs of student financial assistance.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001. The staff of the Scholarship Advisory Board within the Office of the Governor is known as the Scholarship Office.

 

PL 15-109 (Nov. 9, 2007) repealed and re-enacted 3 CMC §§ 1601-1603 and added new sections 1604-1606. To the extent the new portions of 3 CMC §§ 1601-1606 conflict with these regulations, the regulations are superseded.

 

PL 18-40 (Mar. 21, 2014) dissolved the Scholarship Office and replaced it with a new CNMI Scholarship Office, independent of the Office of the Governor. Section 5(c) of the Public Law provided, “The policies, rules and regulations of the Scholarship Office shall continue as policies, rules and regulations of the CNMI Scholarship Office until amended or repealed by the CNMI Scholarship Board of Directors.”

 

Part 001 -       General Provisions

 

§ 75-20.3-001 Purpose

 

The rules and regulations in this subchapter are to implement Public Law 10-58, as amended by Public Law 11-34, a law to establish a Post Secondary Teacher Education Program (PSTEP).

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

Commission Comment: The 2004 amendments republished the regulations in this subchapter in their entirety.

 

§ 75-20.3-005 Definitions for Implementing Public Law 10-58 as Amended by Public Law 11-34

 

(a)       Cumulative Grade Point Average (GPA): The grade point average for all terms combined.

 

(b)       Full-time Status: A recipients full-time status is defined by the institution that he or she is attending. Courses that are repeated are not counted towards maintaining a full-time status.

 

(c)       Probation: A condition placed on a student who fails to comply with the statutory requirement or any of the rules and regulation promulgated by the Scholarship Office.

 

(d)       Termination: Discontinued from the program.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

Commission Comment: The 2004 amendments amended subsection (b). The Commission corrected the spelling of the word “recipient’s” in subsection (b) pursuant to 1 CMC § 3806(g).

 

Part 100 -       Application, Eligibility and Award

 

§ 75-20.3-101 Application Procedure

 

(a)       Applications must be received or postmarked on or before July 1st for fall semester/quarter or December 15th for winter/spring quarter/semester for which the scholarship is to award. NOTE: If the deadline falls on a weekend or a holiday, deadline will be the next working day.

 

(b)       The required documents to be submitted with the application include but are not limited to:

(1)       An official sealed transcript from the institution;

(2)       A letter of acceptance from an accredited college or university;

(3)       A certification letter from the institution stating the institution’s education program accreditation status and accrediting agency;

(4)       Certification letter stating acceptance into an accredited teacher training program and student class status; and

(5)       Proof of compliance with statutory requirements as demonstrated by, but not limited to, documents such as a U.S. passport, parent’s tax forms, or other similar documents deemed acceptable or appropriate by the Scholarship Office.

 

(c)       Once accepted, recipients must continue to submit the appropriate information and documentation necessary to maintain their scholarship as required by the Scholarship Office.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

Commission Comment: In subsection (b), the Commission inserted several semi-colons to ensure consistent punctuation. In subsection (b)(3), the Commission changed “institutions” to “institution’s” to correct a manifest error.

 

§ 75-20.3-105 Eligibility

 

In addition to meeting all statutory requirements an applicant must meet the following criteria to be eligible:

 

(a)       A scholarship awarded to undergraduate students enrolled in an accredited teacher-training program will commence at the beginning of the students’* junior year in college/university.

 

(b)       For the purpose of the rules and regulations in this subchapter, students are defined as PSTEP recipients who either meet the criteria of subsection (a) above, have obtained their undergraduate, baccalaureate degree and their teacher education certificate or similar teaching credentials and immediately after completion of their baccalaureate program pursue a masters degree in education. A PSTEP scholarship award will be granted to one seeking an advanced degree in education only for a period, which is provided by law.

 

(c)       The recipient must sign and have notarized a memorandum of agreement approved by the Scholarship Advisory Board for each academic year in order to receive scholarship benefits. This memorandum of agreement shall set forth the terms and conditions pursuant to which scholarship benefits will be awarded to the recipient. Each memorandum of agreement must be notarized and returned to the Scholarship Office before the recipient will receive any scholarship benefits.

 

* So in original.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

Commission Comment: PL 15-109 (Nov. 9, 2007), codified at 3 CMC § 1601, revised the eligibility requirements for the scholarship. To the extent this section conflicts with 3 CMC § 1601, it is superseded.

 

§ 75-20.3-110 Duration of Eligibility

 

Unless otherwise provided by law, applicants are allowed to benefit from the PSTEP program for a period of up to four years. The Scholarship Administrator will determine when the applicant will be eligible based on § 75-20.3-105 of the rules and regulations in this subchapter. Students graduating from the program should be qualified to be classroom teachers. Thus, the 4-year scholarship period allowed by law may also include teacher certification programs and/or other internship necessary to acquire the highest standard of credential and certification to be a professional teacher.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

Commission Comment: The Commission inserted “a” before “professional teacher” to correct a manifest error.

 

§ 75-20.3-115 Persons Eligible

 

(a)       Initial eligibility for the PSTEP program shall be as provided by law.

 

(b)       Persons on educational or government administrative leave with or without pay are eligible to receive benefits under this program.

 

History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

§ 75-20.3-120 Minimum Scholastic Achievement

 

Undergraduate recipients who initially qualify under this program must, as provided by law, remain and continue as a full time student without interruption or break during the 4-year period in order to continue benefitting from the program. A transfer or change of college or university may be allowed provided that the transfer is completed without interruption of a session or semester.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

Commission Comment: The Commission corrected the spelling of “benefitting.”

 

§ 75-20.3-125 Amount and Distribution of Awards

 

Changes in the annual appropriation level funding this program and/or the number of participants in the program will determine the level of awards to each participant in the PSTEP. All awards will be consistent with the provisions of applicable CNMI law. Recipients will be advised of the changes in award levels necessitated by either an increase or decrease in funding and/or an increase or decrease in the number of participants in the PSTEP.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

Part 200 -       Probation, Termination, Repayment and Appeals

 

§ 75-20.3-201 Probation and Termination

 

(a)       The recipient must maintain a full-time status and have a cumulative GPA of 2.5 on a 4.0 scale to continue in the PSTEP program. If the recipient fails to maintain the required cumulative GPA of 2.5 on a 4.0 scale or if the number of credit hours drop below that of a full-time student, fails to comply with the statutory requirement and all terms and condition of the memorandum of agreement the student will be placed on probation for one following enrollment period.*

 

*So in original.

 

(b)(1)  Scholarship benefits will be awarded during probationary period. However, in order to continue in the scholarship program the student must make-up the credits lacking while also maintaining the full-time (12 credits) status and by the end of the probationary enrollment period must meet the minimum cumulative GPA and be in compliance with the statutory requirement and the memorandum of agreement.

(2)       If the student does not meet the required cumulative GPA or does not complete the credits lacking with the full-time status or is not in compliance with the statutory requirement and the memorandum of agreement during the probationary enrollment period, the scholarship benefit will be terminated immediately, and the recipient will not be allowed any further participation in the PSTEP.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

Commission Comment: The original paragraphs of subsection (b) were not designated. The Commission designated subsections (b)(1) and (b)(2). In subsection (a), the Commission changed “credits hours” to “credit hours” to correct a manifest error.

 

§ 75-20.3-205 Repayment

 

(a)       All recipients of such scholarship are required to return to the CNMI no later than three months after completion of their degree program.

 

(b)       Recipient, who fails to complete his/her educational degree program, will be required to repay the amount of scholarship awarded. The amount may either be repaid in full or in installments as determined by the Scholarship Office and the Board.

 

(c)       Legal proceedings will be taken to recover the total amount of scholarships awarded in order to enforce the requirements provided in subsections (a) and (b) above. The recipient shall also pay all legal expenses and fees incurred by the government in the effort to recover scholarship awards.

 

(d)       No penalty shall be imposed on a recipient who obtains his or her baccalaureate degree and decides to enter a post-graduate teacher training program. The repayment or cancellation of such scholarship will be deferred until the student obtains of their postgraduate degree whether or not the student is receiving PSTEP scholarship funds. However, should the student cease his/her post-graduate program, he/she must return to the CNMI within three months to commence work. Failure to return will result in the student being required to repay all scholarship awards previously received.

 

Modified, 1 CMC § 3806(c), (e), (f), (g).

 

History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

Commission Comment: In subsections (d), the Commission changed “a recipient who obtain their” to “a recipient who obtains his or her.”

 

PL 16-15 (Sept. 5, 2008), codified at 3 CMC §§ 1343-1344, provides for forbearance of collection of financial assistance debts under certain circumstances. To the extent that this section conflicts with PL 16-15, it is superseded.

 

§ 75-20.3-210 Fraudulent Information

 

All documents received by the Scholarship Office are subject to verification from the institution and sources from which it came. The applicant and his or her family or authorized representative are individually responsible for the integrity of these documents. Recipients and the authorized representative who submit documents that are false or tampered with in any way will result in the recipients’ immediate and permanent removal from any the scholarship program administered by the Scholarship Office. Documents include but are not limited to application, supporting documents, grade reports, transcript, etc.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

Commission Comment: The Commission changed “but not limited to” to “but are not limited to” to correct a manifest error.

 

§ 75-20.3-215 Appeals

 

(a)       A recipient who is denied PSTEP funds has the right to appeal to the Scholarship Advisory Board.

 

(b)       Recipient may appeal a decision by the Scholarship Administrator. The appeal must be in writing addressed to the Chairperson of the Scholarship Advisory Board.

 

(c)       The appeal must be postmarked or hand-delivered no later than twenty-one calendar days after notification of the decision by the Scholarship Administrator. If notification is via mail it shall be given via a certified mail, return receipt requested.

 

(d)       The appeal to the Scholarship Advisory Board shall be heard and decided pursuant to applicable CNMI law, including, but not limited to, the CNMI Administrative Procedure Act, 1 CMC §§ 9101, et seq.

 

(e)       All decisions by Scholarship Advisory Board on appeals are final regarding the administrative review process.

 

Modified, 1 CMC § 3806(e), (g).

 

History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

Commission Comment: In subsection (d), the Commission changed “seg” to “seq” to correct a manifest error.

 

Part 300 -       Miscellaneous Provisions

 

§ 75-20.3-301 Effective and Expiration Dates

 

Public Law 10-58 was signed into law May 15, 1997. The implementation of the program commenced on August 1997, (fall semester 1997). As provided by § 4 of Public Law 11-34, the program will expire six years and three months from September 4, 1998. Therefore, unless this program is renewed or extended by the legislature, scholarship funds for those enrolled in the PSTEP may not be available on or after December 4, 2004. Funding for the PSTEP is part of the scholarship budget appropriated by the Legislature on an annual basis. The PSTEP program will continue only if subsequently funded by the CNMI Legislature after December 4, 2004.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 26 Com. Reg. 22349 (Apr. 23, 2004); Amdts Proposed 26 Com. Reg. 21877 (Feb. 23, 2004); Adopted 23 Com. Reg. 18389 (Sept. 24, 2001); Emergency and Proposed 23 Com. Reg. 18183 (July 20, 2001) (effective for 120 days from July 13, 2001); Emergency and Proposed 21 Com. Reg. 16871 (Aug. 23, 1999) (effective for 120 days from Aug. 18, 1999).

 

Commission Comment: PL 15-109 (Nov. 9, 2007) reauthorized the program through November 9, 2012.


 

CHAPTER 75-30

CERTIFICATE OF NEED REGULATIONS

 

Chapter Authority: 1 CMC § 2074; 3 CMC §§ 2421-2429 (repealed).

 

Chapter History: Adopted 12 Com. Reg. 7225 (Aug. 15, 1990) (repealing CHPDA regulations promulgated in June 1983); Public Notice 12 Com. Reg. 7148 (June 15, 1990) (extending the public comment period for the proposed Certificate of Need Regulations); Proposed 12 Com. Reg. 7058 (May 15, 1990); Emergency 12 Com. Reg. 7022 (May 15, 1990) (effective for 120 days from Apr. 25, 1990); Adopted 6 Com. Reg. 2548 (Jan. 14, 1984); Proposed 5 Com. Reg. 2208 (June 30, 1983).

 

Commission Comment: PL 3-49 (effective Feb. 24, 1983), the “Commonwealth Health Planning Act of 1983,” codified at 1 CMC §§ 2071-2077, creates the Commonwealth Health Planning & Development Agency (“CHPDA”) within the Office of the Governor. See 1 CMC § 2071. Section 2072(g) authorizes the CHPDA to administer a certificate of need program in compliance with the Commonwealth Health Care Certificate of Need Act, PL 5-56, formerly codified at 3 CMC §§ 2421-2429.

 

The CHPDA adopted Certificate of Need Regulations in January 1984. In August 1990, the Office of the Governor repealed the 1984 CHPDA Certificate of Need Regulations and promulgated new Certificate of Need Regulations.

 

PL 7-48 § 5 (effective Dec. 18, 1991) repealed former 3 CMC §§ 2421-2429 and, therefore, repealed the authority for the certificate of need program. See title 3, division 2, chapter 4, article 2 of the Commonwealth Code. The Certificate of Need Regulations have not been repealed, however they are superseded by statute.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 205:

 

Section 205. Health Planning and Coordination.

 

The Health Planning and Development Agency and the Health Coordinat[ing] Council are allocated to the Department of Public Health for purposes of administration and coordination.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

[Superceded by PL 7-48.]


 

CHAPTER 75-40

SPECIAL INDUSTRY COMMITTEES RULES AND

REGULATIONS

 


Part 001          General Provisions [Reserved]

 

Part 100          Procedures for Special Industry Committees

§ 75-40-101    Biennial Economic Report

§ 75-40-105    Public Hearings

§ 75-40-110    Committee Report to the Legislature

§ 75-40-115    Compensation of Committee Members

§ 75-40-120    Quorum


 

Chapter Authority: 4 CMC §§ 9601-9603.

 

Chapter History: Adopted 21 Com. Reg. 16853 (July 23, 1999); Proposed 21 Com. Reg. 16765 (May 19, 1999).

 

Commission Comment: PL 11-22 (effective July 10, 1998), codified as amended at 4 CMC §§ 9601-9603, directs the Governor to appoint special industry committees to recommend minimum wages to be paid to employees in the Commonwealth or in particular industries in the Commonwealth. See 4 CMC § 9602(a).

 

Part 001 -       General Provisions

 

[Reserved.]

 

Part 100 -       Procedures for Special Industry Committees

 

§ 75-40-101    Biennial Economic Report

 

Every two years, the Governor shall direct the preparation of an economic report containing such data as can be assembled pertinent to the committee(s) determination of an appropriate minimum wage rate consistent with the purposes of PL 11-22 [4 CMC §§ 9601-9603]. The Governor shall, and the Administrator of the Wage and Hour Division, U.S. Department of Labor may, submit to the committee(s) from time to time economic and statistical data pertinent to the matters to be considered by the committee(s). Copies of the economic report will be promptly provided to the committee(s). The committee may conduct further investigation, gather additional pertinent data, and hold any hearings it may deem necessary or helpful to gather further information and public comment. The Governor shall furnish the committee with necessary staff to complete the required economic report and to advise the committee(s) on issues of law.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 21 Com. Reg. 16853 (July 23, 1999); Proposed 21 Com. Reg. 16765 (May 19, 1999).

 

§ 75-40-105    Public Hearings

 

(a)       The committee(s) may hold public hearings and take testimony, oral and written, to gather additional information and public comment to assist in making its recommendation to the Legislature.

 

(b)       The public notice for such a hearing shall give reasonable notice of:

(1)       The time and place of the commencement of the hearing of such witnesses and receiving of such evidence as may be necessary or appropriate to enable the committee to perform its duties under PL 11-22 [4 CMC §§ 9601-9603];

(2)       The general nature of the proceedings and the subjects and issues involved; and

(3)       That all members of the public will have an opportunity at the hearing to present oral and written testimony, as well as any data or information for the committee’s consideration.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 21 Com. Reg. 16853 (July 23, 1999); Proposed 21 Com. Reg. 16765 (May 19, 1999).

 

Commission Comment: The Commission inserted the period at the end of subsection (b)(3).

 

§ 75-40-110    Committee Report to the Legislature

 

Following receipt of economic report required in § 75-40-101 of the regulations in this chapter, and the conduct of any public hearings the committee(s) holds, the committee shall prepare a written report to the Legislature including its recommendation for minimum wage rates, as provided by statute. If the committee is unable to reach agreement on its recommendation as provided by the statute, the committee shall report to the Legislature on its findings, activities, the different recommendations considered by the committee, and the number of votes for the different recommendations.

 

Modified, 1 CMC § 3806(c), (d), (f).

 

History: Adopted 21 Com. Reg. 16853 (July 23, 1999); Proposed 21 Com. Reg. 16765 (May 19, 1999).

 

§ 75-40-115    Compensation of Committee Members

 

The members of the committee(s) shall serve without salary, but shall be entitled to compensation pursuant to 1 CMC § 8247.

 

History: Adopted 21 Com. Reg. 16853 (July 23, 1999); Proposed 21 Com. Reg. 16765 (May 19, 1999).

 

§ 75-40-120    Quorum

 

The quorum of the committee shall be as provided by statute, provided that members may participate by telephone or teleconference rather than in person.

 

History: Adopted 21 Com. Reg. 16853 (July 23, 1999); Proposed 21 Com. Reg. 16765 (May 19, 1999).

 

Commission Comment: The July 1999 notice of adoption added this section.


 

CHAPTER 75-50

MEDICAL REFERRAL PROGRAM RULES AND REGULATIONS

 


Part 001          General Provisions

§ 75-50-001    Introduction

§ 75-50-005    Medical Referral Services Office

§ 75-50-010    Medical Referral Services

 

Part 100          Medical Referral Committee

§ 75-50-101    Composition

§ 75-50-105    Chairperson

§ 75-50-110    Case Review

§ 75-50-115    Final Decisions

§ 75-50-120    Review of Emergency Medical Referral Cases

§ 75-50-125    Modifications to Rules and Regulations

§ 75-50-130    Approval of Reports

 

Part 200          Program Eligibility

§ 75-50-201    Introduction

§ 75-50-205    Medical Criteria

§ 75-50-210    Residency Criteria

§ 75-50-215    Persons Ineligible to Participate in the Program

 

Part 300          Medical Referral Services Covered Benefits

§ 75-50-301    Introduction

§ 75-50-305    Medical Costs

§ 75-50-310    Ancillary Costs

§ 75-50-315    Transportation Costs

§ 75-50-320    Patient Escorts

§ 75-50-325    Maintenance Costs

 

Part 400          Procedures for Medical Referral

§ 75-50-401    Non-Emergency Referral Cases

§ 75-50-405    Emergency Referral Procedures

§ 75-50-410    Approval for Medical Referral

§ 75-50-415    Denial of a Presented Referral Case

 

Part 500          Emergency Transfers from Rota

§ 75-50-501    Emergency Evacuation

§ 75-50-505    Authority to Transfer

§ 75-50-510    Responsibility for Payment of Medical Care

 

Part 600          Follow-up; Exclusions; Emergencies

§ 75-50-601    Follow-up Medical Appointments

§ 75-50-605    Medical Referral Program Exclusions

§ 75-50-610    Humanitarian and Emergency Provisions

 

Part 700          Referral Fees

§ 75-50-701    Payment of Medical Referral Costs

§ 75-50-705    Assignment of Rights

§ 75-50-710    Utilization Review

§ 75-50-715    Lifetime Limit

 

Part 800          Limited Government Liability

§ 75-50-801    Statutory Exemption

§ 75-50-805    Medical Referral Program Not Responsible for Unauthorized Services

 

Part 900          Miscellaneous Provisions

§ 75-50-901    Penalties for Violations of Rules and Regulations

§ 75-50-905    Severability

 

Appendix A    Referral Health Care Facilities


 

Subchapter Authority: 1 CMC § 2605; 3 CMC § 2824(v); E.O. 2013-9 (May 2, 2013).

 

Subchapter History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Amdts Adopted 32 Com. Reg. 30092 (Apr. 19, 2010)*; Amdts Proposed 32 Com. Reg. 30062 (Feb. 19, 2010)*; Amdts Adopted 29 Com. Reg. 26511 (Apr 16, 2007); Amdts Proposed 28 Com. Reg. 26211 (Oct. 30, 2006); Amdts Emergency and Proposed 28 Com. Reg. 26308 (Nov. 30, 2006) (effective for 120 days from November 13, 2006);* Amdts Emergency and Proposed 27 Com. Reg. 25187 (Nov. 25, 2005) (effective for 120 days from November 23, 2005);* Amdts Emergency and Proposed 27 Com. Reg. 24705 (Aug. 22, 2005) (effective for 120 days from Aug. 19, 2005);* Amdts Adopted 27 Com. Reg. 24681 (July 20, 2005); Amdts Emergency and Proposed 27 Com. Reg. 24099 (Mar. 17, 2005) (effective for 120 days from March 14, 2005); Amdts Emergency and Proposed 26 Com. Reg. 22836 (Sept. 24, 2004) (effective for 120 days from Sept. 21, 2004);* Amdts Adopted 26 Com. Reg. 22867 (July 26, 2004); Amdts Emergency and Proposed 26 Com. Reg. 22500 (May 24, 2004) (effective for 120 days from Apr. 27, 2004); Amdts Adopted 26 Com. Reg. 21894 (Feb. 23, 2004); Amdts Emergency and Proposed 26 Com. Reg. 21531 (Jan. 22, 2004) (effective for 120 days from Jan. 14, 2004); Amdts Adopted 24 Com. Reg. 19032 (Feb. 28, 2002); Amdts Proposed 23 Com. Reg. 18351 (Sept. 24, 2001); Amdts Adopted 22 Com. Reg. 17349 (July 20, 2000); Amdts Proposed 22 Com. Reg. 17229 (May 19, 2000); Amdts Adopted 20 Com. Reg. 15958 (June 15, 1998); Amdts Emergency and Proposed 20 Com. Reg. 15851 (Feb. 15, 1998) (effective for 120 days from Feb. 13, 1998); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

*As of August 31, 2007, a notice of permanent adoption had not been published.

 

*As of December 2005, notices of permanent adoption had not been published.

 

*The February 2010 Notice of Proposed Regulations contained only a summary of the proposals to amend the regulations. It did not contain any actual amendments. See 32 Com. Reg. 30062 (Feb. 19, 2010). Despite this, a Notice of Adoption for these non-existent amendments was published in April of 2010. See 32 Com. Reg. 30092.

 

Commission Comment: PL 1-8, tit. 1, ch. 12, codified as amended at 1 CMC §§ 2601-2633, created the Department of Public Health and Environmental Services within the Commonwealth government. See 1 CMC § 2601. 1 CMC § 2605 directs the Department to adopt rules and regulations regarding those matters over which it has jurisdiction.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 105:

 

Section 105. Department of Public Health.

 

The Department of Public Health and Environmental Services is re-designated the Department of Public Health.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001.

 

Public Law 16-51 (effective Jan. 15, 2010), the “Commonwealth Healthcare Corporation Act of 2008,” codified at 3 CMC § 2801 et seq., established the Commonwealth Healthcare Corporation, which assumed the duties of the Department of Public Health as of January 15, 2011.

 

PL 16-51 transferred the Medical Referral Program from the Department of Public Health to the Commonwealth Healthcare Corporation. Executive Order No. 2013-09 (effective May 2, 2013) transferred the Medical Referral Program from the Commonwealth Healthcare Corporation to the Office of the Governor. See 35 Com. Reg. 33542. Section 1.1 of the 2013 amended regulations (codified at section 75-50-005) specified that these new regulations were to be codified at subchapter 140-10.7. However, because this office is now under the supervision of the Office of the Governor, the Commission has moved these regulations to Chapter 75-50.

 

The March 2016 amendments completely superseded all prior rules and regulations including emergency rules and regulations of the Medical Referral Program. The Commission numbered and renumbered sections and subsections throughout this chapter pursuant to 1 CMC § 3806(a) and rearranged sections to fit harmoniously within this Code pursuant to 1 CMC § 3806(b). The Commission changed capitalization throughout the chapter for the purpose of conformity pursuant to 1 CMC § 3806(f).

 

Part 001 -       General Provisions

 

§ 75-50-001    Introduction

 

The criteria and procedures established in these rules and regulations for patient medical referrals are designed to provide residents of the CNMI with a means of receiving medical care and treatment not available in the Commonwealth for conditions that are life threatening, constitute a debilitating illness or an acute neurological problem, or may lead to the permanent loss of vision or other function. By sending approved patients established referral health care facilities, they may obtain extended and/or advanced medical care and procedures unavailable in the CNMI. In establishing a Medical Referral Program, it is incumbent upon the CNMI government to manage the program’s operations to ensure that health care benefits afforded to residents of the CNMI are provided in a cost-efficient and equitable manner. It is therefore an objective of these rules and regulations to contain the costs of medical referrals by excluding unnecessary referrals, minimizing inappropriate lengths of stay at referral health care facilities, and establishing cost-sharing mechanisms with patients. The procedures set forth below are essential to the successful operation of a cost-effective health care program.

 

Modified, 1 CMC § 3806(a), (b), (f).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission corrected the capitalization of the words “rules and regulations,” “government,” and “program” pursuant to 1 CMC § 3806(f).

 

In March 2016, the Commission created the part title.

 

§ 75-50-005    Medical Referral Services Office

 

There is hereby established a Medical Referral Services Office (“Medical Referral Services” or “MRS”) within the executive branch of the Commonwealth government, which shall facilitate the referral of patients to recognized referral health care facilities outside the CNMI for extended medical care as set forth in these rules and regulations. A list of recognized “referral health care facilities,” as referenced throughout these rules and regulations is included as Appendix A hereto. Other medical facilities may be only considered if a patient is referred to such facilities by a recognized facility or if they specialize in medical care of an approved patient condition. Financial assistance for medical care outside the CNMI, and related costs, shall be available as provided in these rules and regulations to the extent that funds for the program are appropriated by the CNMI legislature. If in any fiscal year, appropriated funding for Medical Referral Services is exhausted prior to the end of the fiscal year, Medical Referral Services shall cease operations until additional funding is appropriated or reprogrammed for its operations by the current administration.

 

Modified, 1 CMC § 3806(a), (b), (d), (f).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The 2011 amendments added subsection (a). The Commission inserted a comma after the word “reenacted” in subsection (a) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the words “rules and regulations” and “legislature” in subsection (b) pursuant to 1 CMC § 3806(f).

 

In March 2016, the Commission substituted “Attachment I” with “Appendix A” pursuant to 1 CMC § 3806(d).

 

§ 75-50-010    Medical Referral Services

 

Medical Referral Services shall be headed by a Medical Referral Services Director/Administrator appointed by the governor. The duties and responsibilities of Medical Referral Services shall include the following:

 

(a)       Assisting patients’ primary care physicians to ensure that all necessary non-medical documentation is included with patients’ petitions for medical referral prior to cases being submitted to the Medical Referral Committee for review.

 

(b)       Making all arrangements for patient medical referral including verifying that sufficient funds exist to cover any medical referral costs chargeable to Medical Referral Services, scheduling doctor appointments, and arranging for air and ground transportation and accommodations.

 

(c)       Communicating with other CNMI or non-CNMI offices to verify and confirm arrangements for patient arrival at, and/or departure from, the city where the patient’s referral health care facility is located and obtaining continuous updates on the medical status of referral patients.

 

(d)       Maintaining records of: the names of patients petitioning for medical referral; the patients’ diagnoses; approved and denied medical referral petitions; the names of any escorts accompanying patients; the names of referral health care facility physicians to whom patients are sent; the treatment to be provided to patients and the costs associated with medical referrals.

 

(e)       Maintaining additional patient records, including the following: the number of cases considered for medical referral within each fiscal year; the number of cases approved and disapproved; the medical justification for referrals; the medical justification for denied cases and alternatives offered to the patients; the status of patients sent on medical referral; a financial analysis depicting cost based on the medical treatment provided to patients; a summary of the type of cases approved for medical referral and of the treatment and care provided at referral health care facilities.

 

(f)        Reviewing medical bills from referral health care facility providers, verifying the validity of medical bills and approving payment of medical bills that are the financial responsibility of Medical Referral Services.

 

(g)       Preparing Medical Referral Services’ annual budget for submission to the Office of the Governor.

 

(h)       Performing other duties and responsibilities as assigned by the governor.

 

Modified, 1 CMC § 3806(a), (b), (f).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission corrected the phrase “Services budget” in subsection (h) to “Services’ budget” pursuant to 1 CMC § 3806(g).

 

Part 100 -       Medical Referral Committee

 

§ 75-50-101    Composition

 

There is hereby established a Medical Referral Committee, which shall be composed of six voting members who are physicians licensed by the CNMI Medical Profession Licensing Board. The voting members will be appointed by the CEO of the Commonwealth Health Corporation for a two year term. Any voting member appointed to fill a vacancy will serve for the remainder of the two year term of the voting member he or she is replacing. A minimum of four of the voting members shall be physicians clinically privileged at the Commonwealth Health Center (CHC). The other voting members may be appointed from private clinics. A representative from the following CHC divisions or units and other government agencies shall serve on the Medical Referral Committee, but shall not vote: Social Services; Utilization Review; Medical Referral Services; Medicaid Office and Vocational Rehabilitation Services. Such non-voting members will be appointed by, and serve at the pleasure of, the heads of their respective units. The governor or his designee shall also serve as an ex-officio non-voting member of the Committee. Three voting members must be present to establish a quorum and conduct official business.

 

Modified, 1 CMC § 3806(a), (e), (f).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: In March 2016, the Commission struck the figures “(6)”, “(4)”, and “(3)” as mere repetitions of written words pursuant to 1 CMC § 3806(e).

 

§ 75-50-105    Chairperson

 

At the beginning of each fiscal year or as required should the position become vacant, the Medical Referral Committee shall elect a Chairperson from amongst its voting members clinically privileged at CHC. The Chairperson shall serve for a one-year term and may serve multiple successive terms. In the event there is a vacancy in the position, the voting members shall elect a new Chairperson to serve the remainder of the former Chairperson’s one year term. In the event the Chairperson is unable to attend a meeting, any other voting member may fulfill the Chairperson’s duties for that particular meeting with the agreement of a majority of voting members who are present at the meeting. The Chairperson shall schedule regular meetings of the Medical Referral Committee and advise each voting and non-voting member of the date and time of the meeting at least one week prior to its scheduled date. The Chairperson shall also call emergency Medical Referral Committee meetings whenever he or she believes doing so is necessary, or upon the request of a majority of the voting members of the Committee or the governor or governor’s designee. The Chairperson shall be responsible for presiding over all meetings of the Medical Referral Committee and shall rule on all matters of procedure. A procedural decision by the Chairperson may be overruled by a majority of the voting members of the Committee (including the Chairperson himself or herself).

 

Modified, 1 CMC § 3806(a), (f), (g).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: In March 2016, the Commission inserted a close parenthesis in the final sentence pursuant to 1 CMC § 3806(g).

 

§ 75-50-110    Case Review

 

It shall be the sole responsibility of the Medical Referral Committee to screen and evaluate petitions for medical referral, including requests for additional patient treatment not initially authorized and requests from referral health care facility physicians to refer the patient to a second referral health care facility. After a complete case evaluation, the Medical Referral Committee will determine whether a referral for medical care is warranted. In the event the Medical Referral Committee approves a referral, it shall issue a Medical Treatment Authorization Form, containing the patient’s diagnosis and listing what professional medical services will be authorized for the patient’s referral.

 

Modified, 1 CMC § 3806(a).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

§ 75-50-115    Final Decisions

 

Decisions of the Medical Referral Committee shall be final, except as provided in § 75-50-415. This is to ensure that medical referral decisions are only based on patients’ medical conditions.

 

Modified, 1 CMC § 3806(a), (c), (d).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: In March 2016, the Commission changed the reference number “Section 6.4 of these Rules and Regulations” to “§ 75-50-415” to agree with the renumbered section pursuant to 1 CMC § 3806(c) and (d).

 

§ 75-50-120    Review of Emergency Medical Referral Cases

 

All medical referral cases approved on an emergency basis pursuant to § 75-50-405 shall be reviewed by the Medical Referral Committee at the next regular meeting for assessment of whether the referral was justified. Any referral found to be unjustified by the Medical Referral Committee shall be treated as an unauthorized medical referral and an official notice of the Committee’s decision must be sent to the referring physician. Under such circumstances, the emergency approving authority of the approving MRC voting members may be suspended for up to three months at the discretion of the Committee.

 

Modified, 1 CMC § 3806(a), (c), (d), (e).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: In March 2016, the Commission changed the reference number “Section 6.2 of these Rules and Regulations” to “§ 75-50-405” to agree with the renumbered section pursuant to 1 CMC § 3806(c) and (d). The Commission struck the figure “(3)” as a mere repetition of written words pursuant to 1 CMC § 3806(e).

 

§ 75-50-125    Modifications to Rules and Regulations

 

Prior to the end of each fiscal year, or sooner if circumstances dictate, the Medical Referral Committee shall submit a list of recommended changes to the Medical Referral Services rules and regulations, if any, to the governor.

 

Modified, 1 CMC § 3806(a), (f), (g).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission struck “These” in the section title pursuant to 1 CMC § 3806(g).

 

§ 75-50-130    Approval of Reports

 

The Medical Referral Committee shall approve all written and financial reports relating to Medical Referral Services before they are submitted to the governor or the Commonwealth Legislature, when practical.

 

Modified, 1 CMC § 3806(a).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Part 200 -       Program Eligibility

 

§ 75-50-201    Introduction

 

For a patient to be eligible for consideration for medical referral through Medical Referral Services each of the following criteria set forth in §§ 75-50-205 and 75-50-210 must be satisfied.

 

Modified, 1 CMC § 3806(a), (b), (c), (d), (g).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: In March 2016, the Commission created the section title and changed the final colon to a period pursuant to 1 CMC § 3806(g). The Commission changed the reference numbers “Sections 4.1 and 4.2” to “§§ 75-50-205 and 75-50-210” to agree with the renumbered sections pursuant to 1 CMC § 3806(c) and (d).

 

§ 75-50-205    Medical Criteria

 

(a)       The patient has a medical condition or conditions that cannot be adequately be treated in the Commonwealth and require that the patient be transferred to a tertiary or other hospital in order to receive a higher level of care. Such conditions include, but are not limited to: acute urgent cardiac conditions, oncology evaluation and treatment, difficulties in access for hemodialysis or peritoneal dialysis including fistula malfunction or acute neurological emergencies, urgent/emergency urological conditions, and urgent pediatric conditions.

 

(b)       The patient must be evaluated by a CNMI licensed physician, who is their primary care provider. Medical specialists visiting the CNMI to provide limited term health care services may not initiate, but may recommend, a medical referral through the patient’s primary care physician.

 

(c)       After a thorough diagnosis of the patient’s case and whether the full utilization of the resources available within the CNMI, including consideration of forthcoming visits by medical specialists, would provide adequate care for the patient, the primary care physician must determine that the health care services required to satisfactorily treat the patient’s illness or condition cannot adequately be provided within the CNMI.

 

(d)       The patient’s illness or condition including diagnosis and prognosis must substantiate the need for medical referral. The primary care physician must be prepared to demonstrate to the Medical Referral Committee that medical referral would be likely to significantly benefit the patient’s health outcome.

 

Modified, 1 CMC § 3806(a).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The 2013 amendments added subsection (a) and re-designated the remaining paragraphs. The Commission inserted a comma after the word “conditions” in subsection (a) pursuant to 1 CMC § 3806(g).

 

In March 2016, the Commission numbered the leading paragraph as subsection (a), and renumbered subsections (a)–(c) to subsections (b)–(d) pursuant to 1 CMC § 3806(a).

 

§ 75-50-210    Residency Criteria

 

(a)       The patient must be a United States citizen or a green card holder residing in the CNMI, the immediate relative of a U.S. citizen, or another individual who has established legal permanent residence in the CNMI as defined by federal immigration law, including, but not limited to, United States nationals.

 

(b)       For purposes of these rules and regulations, “residence” shall mean “the place where a person maintains an abode with the intention of remaining permanently or for an indefinite period of time legally.” It shall be the responsibility of the patient or the patient’s representative to demonstrate residence in the CNMI to the satisfaction of the Medical Referral Services staff. In determining the residence of a patient, the Medical Referral Services staff shall consider the patient’s overall situation in the CNMI, including the following, if applicable:

(1)       Proof of the patient’s citizenship and immigration status (e.g., birth certificate, passport, green card, permanent residence card, marriage or adoption certificate, social security card);

(2)       the patient’s country of origin and the number of days the patient spends in the CNMI each year;

(3)       the patient’s CNMI employment history;

(4)       whether the patient is enrolled in a CNMI school, college, or other educational institution;

(5)       whether the patient possesses a valid CNMI driver’s license;

(6)       whether the patient is a registered voter in the CNMI;

(7)       whether the patient has public utilities billings under his or            her name in the CNMI;

(8)       whether the patient has a CNMI postal address;

(9)       whether the patient has made tax filings in the CNMI;

(10)     the patient’s enrollment in CNMI assistance programs such           as Medicaid, WIC, food stamps, or Low Income Housing Energy Assistance; and

(11)     any other documents indicative of permanent residence in the CNMI.

 

Modified, 1 CMC § 3806(a), (f), (g).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Amdts Emergency and Proposed 27 Com. Reg. 24705 (Aug. 22, 2005) (effective for 120 days from Aug. 19, 2005); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission inserted semicolons at the ends of subsections (b)(5) and (b)(6) and a period at the end of subsection (b)(10) pursuant to 1 CMC § 3806(g).

 

In March 2016, the Commission renumbered subsections (b)(i)–(xi) to subsections (b)(1)–(11) respectively pursuant to 1 CMC § 3806(a). The Commission changed the colon after “e.g.” in subsection (b)(1) to a comma pursuant to 1 CMC § 3806(g).

 

§ 75-50-215    Persons Ineligible for Participation in the Program

 

The following categories of persons are ineligible for participation in the Medical Referral Program:

 

(a)       Common-law spouses of United States citizens;

 

(b)       United States citizens who are not permanent residents of the CNMI;

 

(c)       CNMI residents studying abroad;

 

(d)       CNMI residents living abroad or in another area of the United States;

 

(e)       CNMI residents who are traveling abroad;

 

(f)        residents of the CNMI and/or their dependents who exercise their right to obtain medical care outside the CNMI government health  care system and obtain medical care which has not been previously authorized by the Medical Referral Committee; and

 

(g)       persons who have entered the CNMI or are present in the CNMI in violation of United States immigration laws.

 

Modified, 1 CMC § 3806(a), (f), (g).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Amdts Emergency and Proposed 27 Com. Reg. 24705 (Aug. 22, 2005) (effective for 120 days from Aug. 19, 2005); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission struck the colon in the section title pursuant to 1 CMC § 3806(g).

 

Part 300 -       The Medical Referral Program Covered Benefits

 

§ 75-50-301    Introduction

 

Subject to the payment guidelines set forth in part 700 of this chapter, Medical Referral Services provides the following medical, ancillary, transportation, escort, and maintenance benefits for patients authorized for medical referral.

 

Modified, 1 CMC § 3806(a), (c), (d), (g).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: In March 2016, the Commission created the section title and changed the final colon to a period pursuant to 1 CMC § 3806(g). The Commission changed the reference number “Section 11 of these Rules and Regulations” to “part 700 of this chapter” to agree with the renumbered sections pursuant to 1 CMC § 3806(c) and (d).

 

§ 75-50-305    Medical Costs

 

(a)       Inpatient Medical Care. Inpatient medical care at a referral healthcare facility for the following health care services:

(1)       necessary admission to special units such as intensive care coronary care;

(2)       necessary admissions to the operating room and recovery room;

(3)       anesthesia services;

(4)       x-rays, radiology services, and other such investigatory services;

(5)       radiation, chemo, physical, occupational, and speech therapy;

(6)       normal blood transfusions;

(7)       laboratory tests;

(8)       regular nursing care services;

(9)       prescribed rehabilitative therapy;

(10)     medical supplies such as casts, surgical dressings, and splints;

(11)     drugs furnished by the health care facility during the hospital stay;

(12)     use of appliances and/or equipment such as wheelchairs;

(13)     A semiprivate room (2 to 4 beds to a room) or a non-private room (more than 4 beds to a room);

(14)     all hospital meals, including those which require special preparation for particular diets.

 

(b)       Outpatient Care. Outpatient medical care at a referral health care facility for the following health care services:

(1)       services in an emergency room or outpatient clinic, including ambulatory and surgical procedures;

(2)       normal blood transfusions furnished to the patient on an out-patient basis;

(3)       laboratory tests;

(4)       x-rays, radiology services, and other such investigatory services;

(5)       radiation, chemo, physical, occupational, and speech therapy;

(6)       medical supplies such as casts, surgical dressings, and splints;

(7)       drugs and biological products which cannot be self-administered.

 

(c)       Professional Fees. Fees for professional health care services specifically authorized by the Medical Referral Committee in the Medical Treatment Authorization Form. Professional fees for health care services beyond those approved by the Medical Referral Committee, or for health care services of medical specialists not related to the original diagnosis in the Medical Treatment Authorization Form are not covered by Medical Referral Services unless authorized by the Director after consultation with at least two voting members of the Medical Referral Committee, or authorized by at least two voting members of the Medical Referral Committee independently of the Director, prior to the rendering of such additional health care services in non-emergency situations.

 

Modified, 1 CMC § 3806(a), (g).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission inserted a comma after the word “services” in subsection (b)(4), converted a comma in subsection (b)(7) to a period, and corrected the spelling of the word “fees” in subsection (c) pursuant to 1 CMC § 3806(g). The Commission inserted commas after the words “occupational” in subsection (a)(5), “dressings” in subsection (a)(10), “services” in subsection (b)(4), and “occupational” in subsection (b)(5).

 

In March 2016, the Commission renumbered subsections (a)(i)–(xiv) to subsections (a)(1)–(14) and subsections (b)(i)–(vii) to (b)(1)–(7) pursuant to 1 CMC § 3806(a). The Commission struck the period in the section title and inserted a comma after “radiology services” in subsection (b)(4) pursuant to 1 CMC § 3806(g).

 

§ 75-50-310    Ancillary Costs

 

(a)       Prescribed Drugs. Drugs prescribed for the cure, mitigation, or prevention of disease, or for health maintenance, if:

(1)       prescribed in writing by a licensed referral health care facility physician, or other referral health care facility licensed practitioner authorized to prescribe drugs under state, territorial, or relevant national law;

(2)       dispensed by a licensed pharmacist or licensed practitioner authorized to dispense drugs who records and maintains the patient’s written prescription in the pharmacy’s records; and

(3)       they cannot be dispensed without a prescription (i.e., over-the-counter drugs are excluded).

 

(b)       Durable medical equipment provided by the referral health care facility that is essential for the management of the patient’s condition during transfer back to the CNMI. Examples of durable medical equipment covered by this subsection include portable oxygen equipment, cardiac monitoring equipment, and mechanical ventilators. Such durable medical equipment provided to patients under Medical Referral Services shall become the property of Medical Referral Services and must be turned over by the patient after it is no longer needed. Patients who fail to give Medical Referral Services any durable medical equipment provided to them by the referral health care facility after they are no longer required, shall be charged the replacement cost of the equipment.

 

Modified, 1 CMC § 3806(a).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission inserted a comma after the word “equipment” in subsection (b) pursuant to 1 CMC § 3806(g).

 

In March 2016, the Commission renumbered subsections (a)(i)–(iii) to subsections (a)(1)–(3) pursuant to 1 CMC § 3806(a).

 

§ 75-50-315    Transportation Costs

 

(a) Air Transportation.

(1) Medical Referral Services assists with the least expensive round trip air transportation available on regular commercial airlines (considering the patient’s medical condition for travel) to the referral recognized health care facility as follows:

(i)        if a patient has an individual income over $50,000 per annum or the patient’s joint household income exceeds $75,000, the patient must pay 100% of the air transportation cost;

(ii)       if a patient has an individual income between $25,000–$50,000 per annum or the patient’s joint household income is between $37,500–$62,500, the patient pays 50% and MRS pays 50% of the air transportation cost;

(iii)      if a patient individually earns below $25,000 per annum or the patient’s family unit is falls under the indigent level, MRS pays 100% of the air transportation cost.

 

(b)       Medical Referral Services shall only be responsible for air transportation up to the actual cost or the equivalent cost for a medical referral to the State of Hawaii, whichever is lower.

 

(c)       Air transportation costs for Medicare and Pediatric Medicaid patients are covered up to the costs of transportation to the States of Washington, Oregon, and California.

 

(d)       Ambulance Transportation. The cost of medically necessary ambulance transportation for medical referral patient from the Commonwealth Health Center to Saipan International Airport, from the designated international airport near where the referral health care facility is located to the referral health care facility, transportation to other health care facilities for special treatment not available at the designated health care facility, and transportation as otherwise approved by the Medical Referral Committee.

 

Modified, 1 CMC § 3806(a), (g).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The paragraphs of subsection (a) were undesignated in the original regulation. The Commission designated them as subsections (a)(1) and (a)(2) pursuant to 1 CMC § 3806(a). The Commission corrected the capitalization of the words at the beginning of subsections (a)(1)(i) through (a)(1)(iii) pursuant to 1 CMC § 3806(f). The Commission corrected a semicolon at the end of subsection (a)(1)(iii) to a period pursuant to 1 CMC § 3806(g).

 

In March 2016, the Commission renumbered subsections (a)(i)–(iii) to subsections (a)(1)(i)–(iii); numbered the unnumbered paragraphs following subsection (a)(iii) as subsections (b) and (c); and renumbered subsection (b) to subsection (d) pursuant to 1 CMC § 3806(a). The Commission changed “$37,50” in subsection (a)(1)(ii) to “$37,500” and changed a semicolon to a comma in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 75-50-320    Patient Escorts

 

Medical personnel and/or one family member or close friend to serve as a patient escort in the following situations, as authorized by the Medical Referral Committee:

 

(a)       The Medical Referral Committee, in consultation with the patient’s primary care physician, shall determine whether it is necessary for a physician escort, registered nurse escort, respiratory therapist escort or a combination of such escorts (including multiple escorts of the same type), to accompany the patient to the referral health care facility to ensure adequate medical care while in transit. The following guidelines shall be considered by the Medical Referral Committee in deciding whether a medical escort is needed:

(1)       Physician Escorts. A physician escort should accompany a medical referral patient whenever there is a high likelihood that the patient’s medical condition could change during the transport and it may be necessary for the physician to make a diagnosis, stabilize the patient, and/or provide acute treatment for the patient.

(2)       Nurse Escorts. Any medical referral that has been approved by the Medical Referral Committee and that requires a nurse escort must utilize a registered nurse who holds a current Advanced Cardiac Life Support (ACLS) certification. Patients requiring medical referrals and a nurse escort are in a medically compromised state and must be escorted by nurses capable of handling their medical needs as apparent at the time of transport. These medical needs may include the insertion of an intravenous line, the addition of medication to an intravenous line, and the administration of narcotics. Per CHC’s position descriptions, only registered nurses can perform the aforementioned functions. ACLS certification is required so that, in the event of an emergency, the nurse escort can provide care to any patient experiencing cardiac arrest.

(3)       Respiratory Therapist Escort. A respiratory therapist escort should accompany a medical referral patient whenever the patient will require respiratory therapist services (e.g., a patient in respiratory failure who requires a ventilator or other breathing assistance), and the patient is stable and his or her medical condition is unlikely to change.

(4)       The Director of Medical Affairs, in consultation with the patient’s primary care physician and the appropriate nurse and/or respiratory therapist supervisor(s), shall decide which members of the Commonwealth Health Center medical staff, nursing staff, and/or respiratory therapist staff shall accompany the patient. In those cases where a physician, nurse, and/or respiratory therapist escort accompany the patient, it will be such escort’s responsibility to:

(i)        assist and attend to the patient during the flight;

(ii)       ensure that the patient’s medical documents are turned over to the appropriate personnel from the referral health care facility; and

(iii)      ensure that all medical instruments, pillows, sheets, and other hospital supplies used during the medical transport are accounted for and returned to CHC and/or MRS

(5)       Transportation Fees for Physician, Nurse, and Respiratory Therapist Escorts. In addition to the cost of airline tickets, physician, nurse, and/or respiratory therapist escorts accompanying the patient on the medical referral shall each be entitled to receive a lump sum transport fee, in lieu of a per diem allotment, for the first 24 hours of travel, based on the location to which the patient is being medically referred. The transport fee, which is intended to cover payment for any hotel accommodations and food required by the physician, nurse and/or respiratory therapist escorts during the transport, shall be based on the following schedule:

(i)        Guam              $175.00

(ii)       Philippines      $200.00

(iii)      Hawaii            $250.00

(iv)      Japan               $275.00

Same fees if originating from above destinations to CNMI.

(6) If, because of unavailability of seats on the airline, the physician, nurse and/or respiratory therapist escorts are unable to return to the CNMI within a 24 hour period, they shall then be entitled to receive the standard government per diem allotment for any portion of a day following the first 24 hours of travel.

 

(b)       Family or Friend Escorts.

(1)       Medical Referral Services will pay the least expensive round trip air transportation available on regular commercial airlines for a family or friend escort as described in this section if the patient or intended escort has an annual income of less than $70,000. Such assistance will be used for: the family or friend escort to reach the patient’s designated destination for the purpose of meeting and accompanying the patient; medically necessary ambulance transportation in which the family or friend escort accompanies the patient; and/or accommodations for one family or friend escort. A family or friend escort may be a family member or close friend of the patient, as provided by these rules and regulations. Unless specifically determined by the Medical Referral Committee to be unnecessary considering the limited resources available for other patients, the Medical Referral Committee must approve for each non-active medical referral patient a medically, physically and mentally fit family or friend escort for the patient in such cases where the patient is unable to travel independently because of:

(i)        physical disability, frailty, status as a minor, or age;

(ii)       psychiatric disability or mental deficiency;

(iii)      full or partial blindness or deafness;

(iv)      potential or actual language barriers;

(v)       fecal or urinary incontinence requiring assistance for the patient to use the toilet;

(vi)      the patient’s inability to feed himself or herself or to perform other activities required for daily living; or

(vii)     a strong possibility that the patient will die at the referral health care facility as a result of the severity of the illness or condition;

(viii)    admittance as an inpatient who will be undergoing major surgery involving general anesthesia.

(2)       It is the prime responsibility of the family or friend escort to assist, monitor and represent the patient at all times, if patient is medically or mentally incapable of making sound and proper judgments. A family or friend escort shall not accept or be burdened with other responsibilities for the duration of the patient’s referral, but may request to be relieved of service if a new escort may be put into place. Non-compliant or relieved family or friend escorts will be replaced at the patient’s expense (the patient will pay for the replacement’s airfare). The non-compliant or relieved family or friend escort must pay for all expenses for their return to the CNMI. Family or friend escorts must agree and acknowledge the above responsibilities that apply for the duration of the referred patient’s medical treatment and care.

(3)       Active medical referral patients are not eligible to a family or friend escort unless declared medically (physically and mentally) fit by a licensed physician and approved by the Medical Referral Committee. Patients are not entitled to financial assistance for a family or friend escort if the patient’s or intended escort’s income was more than $70,000 in the twelve months immediately preceding the date of approval for medical referral.

 

Modified, 1 CMC § 3806(a), (e), (f), (g).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Amdts Adopted 24 Com. Reg. 19032 (Feb. 28, 2002); Amdts Proposed 23 Com. Reg. 18351 (Sept. 24, 2001); Amdts Adopted 22 Com. Reg. 17349 (July 20, 2000); Amdts Proposed 22 Com. Reg. 17229 (May 19, 2000); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The 2000 amendments added new subsection (a)(5). The 2002 amendments added a new subsection (b)(1)(vii) and amended the opening paragraph of subsection (b)(1). The 2013 amendments amended subsection (b) and added subsections (c) and (d).

 

The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The original paragraphs of subsection (b)(2) were undesignated. The Commission designated them as subsections (b)(2)(i) and (b)(2)(ii) pursuant to 1 CMC § 3806(a). The Commission inserted commas after the words “nurse” in subsections (a) and (a)(5), “staff” in subsection (a)(4), and “physically” in subsection (b)(2)(i) and an apostrophe into the word “patient’s” in subsection (b)(2)(i)(e) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the words “one hundred” in subsection (b)(1) and the words at the beginning of subsections (b)(2)(i)(A) through (b)(2)(i)(E) and (b)(2)(i)(A) through (b)(2)(i)(B) pursuant to 1 CMC § 3806(f). The Commission corrected the punctuation at the ends of subsections (b)(2)(i)(A) through (b)(2)(i)(E) and (b)(2)(i)(A) through (b)(2)(i)(B) pursuant to 1 CMC § 3806(g). The Commission struck the figures “100%” from subsection (b)(1) and “12” from subsection (d) pursuant to 1 CMC § 3806(e).

 

In March 2016, the Commission renumbered this section, numbered its unnumbered paragraphs, and renumbered its subsections pursuant to 1 CMC § 3806(a). The Commission changed “ * ” in subsections (a)(5)(i)–(iv) to “ † ” pursuant to 1 CMC 3806(g). The Commission struck the figure “(12)” in subsection (b)(3) as a mere repetition of written words pursuant to 1 CMC § 3806(e).

 

§ 75-50-325    Maintenance Costs

 

(a)       Accommodations, ground transportation, and subsistence allowance as follows, if eligible (not to exceed the equivalent value of such referral costs to the State of Hawaii or actual costs, whichever is less);

(1)       In-Patient Referrals. Room and board for in-patients provided through the referral health care facility.

(2)       Out-Patient Referrals. Out-patients on medical referral shall receive reasonable accommodations not to exceed the contracted rate for the State of Hawaii. Out-patients shall also be provided ground transportation not to exceed $10.00 per day of each medical appointment, where there is no actual city public transportation and ground transportation is not provided by the CNMI government, as well as a subsistence allowance not to exceed $30.00 per day depending on medical facility location.

(3)       Patient Escorts. Authorized family or friend escorts shall receive reasonable accommodations at Medical Referral Services’ expense. The family or friend escort shall share a room with the medical referral patient. The family or friend escort will be provided daily ground transportation allowance not to exceed $10.00 per day depending on actual distance to the medical facility, if their room accommodation location is outside the medical facility, and only if no city public transport is available and no ground transportation is provided by the CNMI government. The family or friend escort will additionally receive a subsistence allowance not to exceed $30.00 per day depending on medical facility location.

 

(b)       Right To Refuse Government Room and Board. Medical referral patients and authorized family or friend escorts have the right to refuse accommodations arranged by Medical Referral Services. However, if a patient and/or family or friend escort make independent arrangements for accommodations, Medical Referral Services shall not be liable for any expenses incurred with respect to such accommodations.

 

Modified, 1 CMC § 3806(a), (f).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016);Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Amdts Adopted 29 Com. Reg. 26511 (Apr 16, 2007); Amdts Proposed 28 Com. Reg. 26210 (Oct. 30, 2006); Amdts Emergency and Proposed 28 Com. Reg. 26308 (Nov. 30, 2006) (effective for 120 days from November 13, 2006); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: On September 21, 2004, the Department of Public Health promulgated emergency and proposed amendments that added a new section 5.6 regarding airfare benefits. See 26 Com. Reg. 22836 (Sept. 24, 2004) (effective for 120 days from Sept. 21, 2004). As of December 2004, a notice of permanent adoption had not been published.

 

On August 22, 2005, the Department of Public Health promulgated emergency and proposed amendments that added a new section 5.6, entitled “Repayable Financial Assistance in the Form of an Accommodations Allowance for an Immediate Relative of a Patient with Catastrophic Illness.” See 27 Com. Reg. 24705 (Aug. 22, 2005) (effective for 120 days from Aug. 19, 2005). As of December 2005, a notice of adoption had not been published. If adopted, this section will be codified at § 75-50- 330.

 

In November 2006, emergency amendments were promulgated for subsection (a)(1) that removed the twenty dollars per day subsistence allowance from subsections (a)(1)(ii) and (a)(1)(iii). These amendments were effective for 120 days from November 13, 2006. As of August 2007, a notice of permanent adoption had not been published for the November 2006 amendments. In April 2007, subsection (a)(2) was repealed.

 

In March 2016, the Commission renumbered subsections (a)(i)–(iii) to subsections (a)(1)–(3) pursuant to 1 CMC § 3806(a)

 

Part 400 -       Procedures for Medical Referral

 

§ 75-50-401    Non-Emergency Referral Cases

 

The procedures for all non-emergency patient cases that may be appropriate for medical referral shall be as follows:

 

(a)       Physician Assessment. Once the patient’s primary care physician has made a thorough evaluation of the patient’s illness and/or medical condition and determined that the patient satisfies the medical criteria for medical referral as provided in § 75-50-205, the primary care physician shall discuss the patient’s case with the chairperson of the applicable CHC medical department (or, if the primary care physician is the chairperson, then with another physician in the applicable medical department) to obtain a second opinion on whether the patient’s case is appropriate for a petition for medical referral. If both physicians agree that the patient’s case should be forwarded to the Medical Referral Committee, the primary care physician shall contact the appropriate physician specialist at a referral health care facility to discuss the patient’s case and to assess the appropriateness of the treatment available at such facility.

 

(b)       Medical Referral Documentation. If, after a complete assessment of the patient’s case as specified above in subsection (a), the primary care physician determines that the patient’s case is appropriate for a petition for medical referral, the primary care physician shall confirm with the Medical Referral Services staff that the patient satisfies the eligibility criteria for medical referral set forth in § 75-50-210. If the patient is found to be eligible, the primary care physician shall obtain and attach any relevant laboratory and/or radiology reports, and complete the required forms below and other applicable requirement listed on the medical referral checklist attached to the referral package:

(1)       Patient Referral Records

(2)       Air Travel Medical Form (must be signed by patient)

(3)       Patient’s History and Referral Note

 

(c)       The primary care physician shall make sure all forms listed above are properly completed with all required signatures, notes are transcribed and signed, other supporting reports, insurance, and patient contact information, films and test results are attached before submitting to Medical Referral Services. Medical Referral Services will return any improperly filled or incomplete referral packages to the referring physician for correction and/or proper completion. No action can be taken until a properly completed application package is submitted.

 

(d)       Case Presentation. The primary care physician shall present the patient’s case to the Medical Referral Committee at the next regular Committee meeting. It shall be the responsibility of the primary care physician to present the prepared documentation, describe the patient’s illness or medical condition, explain why medical referral is appropriate, and answer any questions raised by the Medical Referral Committee. The Committee may elect not to review any scheduled cases without the referring physician being present.

 

(e)       Medical Referral Committee Determination. The Medical Referral Committee shall consider the primary care physician’s presentation, review the documentation, assess whether the patient’s condition can be adequately treated with the resources available within the Commonwealth and decide whether medical referral of the patient is warranted. The decision of the Medical Referral Committee shall be final, except as provided in § 75-50-415. The Director shall promptly advise the primary care physician of the Medical Referral Committee’s decision. The Director shall subsequently send written notice of the Committee’s decision to the primary care physician for discussion with the patient.

 

(f)        Medical Referral Arrangements. If medical referral is approved, the primary care physician shall provide the Medical Referral Services staff with the time frame and method for transferring the patient to the referral health care facility. Medical Referral Services, in coordination with other relevant entities, shall make all medical, travel, and accommodation arrangements in the city where the referral health care facility is located. The patient must have a confirmed appointment with a physician at the referral healthcare facility prior to departing the Commonwealth. Self-arranged referrals by approved medical referral patients in accordance with the Committee’s approved conditions are eligible for reimbursement of standard referral benefits upon submission of all original supporting documents to Medical Referral Services.

 

(g)       Execution of Medical Referral Authorization Documentation. If the patient’s case is approved for medical referral, two voting members of the Medical Referral Committee must sign a Patient Referral Record. After all arrangements are completed and confirmed, a Medical Treatment Authorization Form must be completed, signed by the case worker, and forwarded for approval by the Director before the patient departs. Review by the Director is limited to compliance with procedures and policies.

 

(h)       Documents To Be Prepared by Patient. Prior to the patient’s departure from the Commonwealth, the Medical Referral Services staff shall require the patient, or patient’s representative, to complete or sign the following forms, if applicable:

(1)       Release(s) of Liability

(2)       Medical Treatment Authorization

(3)       Promissory Note

(4)       Subrogation of Claims Form (see § 75-50-701)

(5)       Power of Attorney (when appropriate)

(6)       Affidavit by Recipient of Assistance

(7)       Indigent Medical Assistance Application

(8)       Authorization for Release of Medical Records

(9)       Indigent Eligibility Certification

 

Modified, 1 CMC § 3806(a), (c), (f).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The original paragraphs of subsection (b) were not designated. The Commission designated subsections (b)(1) and (b)(2).

 

The Commission inserted the final periods in subsections (a)(1)(iv) and (g)(5). The Commission inserted a comma after the word “worker” in subsection (f) pursuant to 1 CMC § 3806(g).

 

In March 2016, the Commission renumbered this section, numbered its unnumbered paragraphs, and renumbered its subsections pursuant to 1 CMC § 3806(a). The Commission changed the reference numbers “Section 4.1 of these Rules and Regulations” in subsection (a) to “§ 75-50-205”; “Section 6.1.a” in subsection (b) to “subsection (a)”; “Section 4.2 of these Rules and Regulations” in subsection (b) to “§ 75-50-210”; “Section 6.4” in subsection (e) to “§ 75-50-415”; and “Section 11.1” in subsection (h)(4) to “§ 75-50-701” to agree with renumbered sections and subsections pursuant to 1 CMC § 3806(c).

 

§ 75-50-405    Emergency Referral Procedures

 

In cases where a primary care physician determines that a patient is in a critical or otherwise urgently life-threatening medical condition and must receive emergency medical care that cannot be adequately provided in the Commonwealth, thereby justifying immediate evacuation of the patient to an off-island referral health care facility, the following procedures shall be followed:

 

(a)       Expedited Approval. The patient’s primary care physician, after consultation and obtaining the approval of two of the voting Medical Referral Committee members, may refer the patient without the case being reviewed by the full Committee. One of the two approving Medical Referral Committee members must notify Medical Referral Services of the emergency situation to allow MRS to coordinate the referral with the patient’s primary care physician and other necessary parties.

 

(b)       Notice to Referral Health Care Facility. The primary care physician shall contact the appropriate physician specialist or another available physician at the referral health care facility to report the imminent patient referral and to discuss the clinical details of the patient’s case. When required, the primary physician must also coordinate with Medical Referral Services staff to obtain administrative approval by the referral health care facility.

 

(c)       Medical Referral Documentation. The primary care physician shall complete and sign all required forms and attach all necessary supporting documents such as films, lab reports, and other items as set forth in § 75-50-401(b). If the patient is unable to sign where a patient’s signature is required, a legal representative may sign for the patient. If the patient has no legal representative, the primary care physician may sign for the patient. Any signature other than the patient’s requires the following to be written next to the signature: the printed name of the person signing; a notation of the signer’s relationship to the patient; and a description of the basis for the signer’s authority to sign on the patient’s behalf.

 

(d)       Medical Referral Arrangements. Medical Referral Services staff shall immediately contact a commercial airline or a travel agency to make the referral patient’s travel arrangements. Copies of the Medical Referral Services travel request and travel authorization shall be delivered to the commercial airline or travel agency as soon as possible. Medical Referral Services staff shall send a travel advisory to the medical referral services coordinator or representatives and official providers in the city where the referral health care facility is located. This document shall include the following: the patient’s name, sex, age, diagnosis, flight number, estimated time of arrival, and whether an ambulance, stretcher, and/or other supportive devices will be required upon arrival. The names of any physician, nurse, or respiratory therapist and/or family or friend escorts must also be included on the travel advisory.

 

(e)       Funding Approval. Travel authorizations for patient emergency medical referral during non-working hours shall be executed by the MRS Director the next business day following the emergency medical referral.

 

(f)        Medical Evacuation. If an emergency medical referral is necessary and commercial airline transportation is unavailable, the Medical Referral Services Director or his or her designee may exercise discretion on contacting any of the United States Armed and/or Uniformed Services on the Territory of Guam or the State of Hawaii to seek their assistance in evacuating the patient. However, before contacting any of the Armed or Uniformed Services, the Medical Referral Director or designee must ensure that:

(1)       the medical case involves an immediate life-threatening situation; and

(2)       there will be no commercial flight available for transport in the time period specified by the primary care physician for medical referral.

 

(g) Once the Medical Referral Services Director or his or her designee contacts one of the components of the Uniformed Services requesting assistance on a medical referral case, the primary care physician must be available to provide the appropriate officers and other members of the Uniformed Services contacted with the details of the medical case and the requirements for the evacuation. The Medical Referral Services Director or designee shall, if warranted, advise the governor on the details of the emergency medical evacuation case at the earliest reasonable time.

 

Modified, 1 CMC § 3806(a), (c), (f).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The original paragraphs of subsection (f) were not designated. The Commission designated subsections (f)(1) through (f)(3).

 

In March 2016, the Commission renumbered subsections (f)(i)–(ii) to subsections (f)(1)–(2), and numbered the last paragraph as subsection (g) pursuant to 1 CMC § 3806(a). The Commission changed the reference number “Section 6.1(b)” in subsection (c) to “§ 75-50-401(b)” to agree with renumbered sections pursuant to 1 CMC § 3806(c). The Commission struck “that” in subsection (f)(2) as a mere repetition of written words pursuant to 1 CMC § 3806(e).

 

§ 75-50-410    Approval for All Medical Referrals

 

All medical referrals to health care facilities outside the CNMI must receive prior approval from the Medical Referral Committee. An otherwise eligible person who is already receiving medical care at a Medical Referral Services approved facility/provider will not be disqualified from prospective or future medical referral benefits simply because he or she does not return to Saipan first. Instead, the Medical Referral Committee will evaluate a patient’s request as to prospective or future benefits only. Benefits will not be paid retroactively, i.e. for periods of time prior to application and Medical Referral Committee approval. No other eligibility or Medical Referral Services requirements are affected by this section. Prospective or future limited accommodation benefits may be authorized for self-referred patients who otherwise would be eligible for assistance by Medical Referral Services. The medical care to be delivered must meet all other medical referral standards, including, but not limited to, the requirement that the medical care needed cannot be provided in the CNMI. A patient already on medical referral at a referral health facility may not be transferred to a second referral health care facility without the express authorization of the Medical Referral Committee, except in cases of emergency. In all cases, the attending physician at the approved referral center/provider must communicate directly with the patient’s CNMI primary care physician.

 

Modified, 1 CMC § 3806(a), (d).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Amdts Adopted 26 Com. Reg. 22867 (July 26, 2004); Amdts Emergency and Proposed 26 Com. Reg. 22500 (May 24, 2004) (effective for 120 days from Apr. 27, 2004); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: In March 2016, the Commission substituted “this provision of the regulations” in the fourth sentence with “this section” pursuant to 1 CMC § 3806(d).

 

§ 75-50-415    Denial of a Presented Referral Case

 

If a patient’s medical referral petition is denied by the Medical Referral Committee, the Medical Referral Director shall inform the primary care physician of the Committee’s decision in writing. If the referring physician is not satisfied with the Committee’s decision, he or she may submit the patient’s case for reconsideration at the next Committee meeting, provided additional facts are added for discussion.

 

Modified, 1 CMC § 3806(a), (d).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); History: Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Part 500 -       Emergency Transfers from Rota

 

§ 75-50-501    Emergency Evacuation

 

Notwithstanding § 75-50-410, and because of Rota’s proximity to the Territory of Guam, Rota’s resident physician, after consultation with CHC Emergency Department, may request that medical emergency patients from Rota be evacuated directly to a Guam referral health care facility after getting the approval of one voting member of the Medical Referral Committee. Such approval shall be determined by whether the required medical services can be provided at the Commonwealth Health Center. The Rota resident physician must coordinate with a receiving physician at the referral facility regarding the patient’s clinical information. The Rota resident physician must also fax or email completed required referral documents to the Medical Referral Services Saipan office. The approving Medical Referral Committee member must notify a member of the Medical Referral Services staff or the Director of the emergency situation, so that they may coordinate the referral with the counterpart to MRS on Guam and the Rota resident physician.

 

Modified, 1 CMC § 3806(a), (c), (d), (e).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d).

 

In March 2016, the Commission substituted “Section 6.3 of these Rules and Regulations” in with “§ 75-50-410” pursuant to 1 CMC § 3806(c) and (d). The Commission struck the figure “(1)” as a mere repetition of written words pursuant to 1 CMC § 3806(e).

 

§ 75-50-505    Authority to Transfer

 

Aside from the Rota resident physician, only a CNMI licensed physician, or in the absence of a CNMI licensed physician, another licensed medical professional authorized by the Resident Director of the Rota Health Center can make medical transfer decisions after consultation with the CHC Emergency Department. No other individual, regardless of office or title, may authorize the transfer of a patient from Rota.

 

Modified, 1 CMC § 3806(a).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

§ 75-50-510    Responsibility for Payment of Medical Care

 

Residents of Rota, Tinian, Saipan, and the Northern Islands are equally responsible for the payment of medical bills they incur for medical services rendered to them. All medical bills incurred while a patient is at a referred emergency facility on Guam that are not covered by health care financial support or a third-party payer, are the financial responsibility of the patient.

 

Modified, 1 CMC § 3806(a).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Part 600 -       Follow-up; Exclusions; Emergencies

 

§ 75-50-601    Follow-up Medical Appointments

 

(a)       Medical referral patients are not automatically entitled to a follow-up medical appointment at a referral health care facility. Patient petitions for follow-up appointments shall be treated in the same manner as initial petitions for medical referral, and shall be subject to the same standards and procedures as initial medical referrals.

 

(b)       Patients may be allowed one follow up after medical procedures or completion of treatment upon the Committee’s review and approval of new petition with updated medical information.

 

Modified, 1 CMC § 3806(a).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: In March 2016, the Commission numbered the paragraphs pursuant to 1 CMC § 3806(a).

 

§ 75-50-605    Medical Referral Program Exclusions

 

The following charges shall be excluded from coverage under the Medical Referral Program, and shall be the financial responsibility of the patient, unless the Committee confirms the medical condition of the patient is severe and life threatening:

 

(a)       Any charges related to medical treatment or care that could have been adequately provided at the Commonwealth Health Center.

 

(b)       Any charges for occupational diseases or injury that are covered by worker’s compensation benefits.

 

(c)       Any charges incurred at a Veterans Administration facility.

 

(d)       Any charges related to health care services provided by a government-funded public health program.

 

(e)       Any charges incurred for personal comfort items or medically unnecessary upgrades, including telephone, radios, private housing accommodations, movie and car rentals, hospital room or amenities upgrades, and special order meals.

 

(f)        Any charges related to nursing home-type care provided by an institution not qualified as a hospital under federal, state, or territorial law.

 

(g)       Any charges related to cosmetic surgery, except as required for repair of catastrophic injury or congenital malformation.

 

(h)       All medical charges related to organ or bone marrow transplant surgery (with or without stem cells). MRS may only assist with maintenance costs in such circumstances if block rooms and ground transportation are available at the referred location.

 

(i)        Orthopedic procedures including bone extension or other elective procedures. Exceptions may be made at the Medical Referral Committee’s discretion.

 

(j)        Dermatology, rheumatology, and endocrinology evaluation and consultation. Exceptions may be made at the Medical Referral Committee’s discretion.

 

(k)       Any charges relating to a patient obtaining a second opinion on a recommended treatment or procedure.

 

(l)        Any charges relating to medical treatment rendered for investigatory or experimental purposes, or medical treatment for which there is no established benefit to the patient’s health.

 

(m)      Any charges for medical care not authorized by the Medical Referral Committee or charges for medical care provided by a facility or provider other than a recognized referral health care facility or recognized provider.

 

(n)       Any charges related to tertiary, palliative care or services that may be identified by the Medical Referral Committee as so expensive as to impact the overall financial integrity of Medical Referral Services.

 

(o)       Any charges in excess of the lifetime limit specified in § 75-50-715.

 

(p)       Any charges for treatment for persons who refused treatment during a prior referral for the same medical diagnosis. Exceptions may be made at the Medical Referral Committee’s discretion.

 

Modified, 1 CMC § 3806(a), (b), (c).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission corrected the capitalization of the words “rheumatology” and “endocrinology” in subsection (j) pursuant to 1 CMC § 3806(f). The Commission inserted a comma after the word “extension” in subsection (i) and a period at the end of subsection (i) pursuant to 1 CMC § 3806(g).

 

In March 2016, the Commission substituted “Section 11.4” in subsection (o) with “§ 75-50-715” pursuant to 1 CMC § 3806(c).

 

§ 75-50-610    Humanitarian and Emergency Provisions

 

In the event a person who would be ineligible for medical referral pursuant to § 75-50-210 is found by his or her primary care physician to require an emergency medical referral, the Medical Referral Committee may authorize Medical Referral Services to assist with the arrangements for medical care to be provided outside the CNMI. However, such patient (or responsible party) shall be required to pay a flat fee of $250.00 for logistical or other related costs incurred by Medical Referral Services, plus $25.00 per hour if emergency medical evacuation is required.

 

Modified, 1 CMC § 3806(a), (c), (d), (f).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission substituted “Section 2.2 of these Rules and Regulations” with “§ 75-50-210” pursuant to 1 CMC § 3806(c) and (d).

 

Part 700 -       Referral Fees

 

§ 75-50-701    Payment of Medical Referral Costs

 

(a)       Medical Referral Services is the payer of last resort. Prior to departing the CNMI, every patient approved for medical referral or their representative shall provide the Medical Referral Services staff with proof of any and all health care financial support and/or third-party payers, such as a health insurance identification card, Medicaid identification card, or Medicare claim card, that are responsible for providing financial coverage for the costs associated with the patient’s medical referral. Medical referral patients, or their representative, shall also execute a subrogation of claims form prior to their departure from the CNMI, authorizing Medical Referral Services, through the Office of the Attorney General, to pursue any legal claims on behalf of the patient against third parties who may be liable for payment of medical referral costs.

 

(b)       Medical Referral Services shall presume that the following entities or individuals are responsible for the following costs associated with the patient’s medical referral:

(1)       Recipients of Benefits from Medicaid, Medicare Vocational Rehabilitation or Other Government Assistance Programs: 100% of the program costs for medical, ancillary, transportation, escort, and maintenance costs incurred in connection with a patient’s medical referral shall be paid by the appropriate federal and/or CNMI government program(s). Any amount not covered by the government program(s) or another third party payer shall be the patient’s financial responsibility, except as provided in subsection (b)(6).

(2)       Health Care Insurance: 100% of policy limit coverage for medical, ancillary, transportation, escort, and maintenance costs incurred in connection with a patient’s medical referral pursuant to the terms and conditions of the patient’s health care insurance policy shall be paid by the insurance company (including HMOs and PPOs). If a patient’s health care insurance policy does not cover air transportation costs to a referral health care facility and maintenance costs, Medical Referral Services shall pay these costs as provided in §§ 75-50-315 and 75-50-320. However, in cases where an insurance company prefers to make independent arrangements for its members’ medical referral, Medical Referral Services shall only be responsible for air transportation and maintenance costs up to the equivalent level of such costs for a medical referral to the State of Hawaii. Any amount not covered by the patient’s health care insurance policy or another third-party payer shall be the patient’s financial responsibility, except as provided in subsection (b)(6).

(3)       Nonresident Worker Health Medical Coverage: The patient, employer on record, or other responsible party shall be 100% responsible for all expenses incurred in connection with the patient’s medical referral. Medical Referral Services will assist only with coordination and logistical support at a flat fee of $250.00 plus $25.00 per hour if emergency medical evacuation is required.

(4)       Third Party Acts Against a Patient: Medical Referral Services, with the assistance of the medical referral patient, shall use its best efforts to collect the costs incurred in connection with the patient’s medical referral from any or all of the following:

(i)        any third-party found guilty of a physical crime against the patient which resulted in the patient’s need for medical referral;

(ii)       any third-party tortfeasor whose actions injured the patient and resulted in the patient’s need for medical referral; and/or

(iii)      such third-parties’ insurance companies.

(5)       No Responsible Third-Party Payer: In the absence of a responsible third-party payer, 100% of the medical, ancillary and escort costs incurred in connection with the patient’s medical referral shall be the patient’s financial responsibility, or, if the patient is a minor, then the financial responsibility of a chargeable adult, except as provided in subsection (b)(6). Medical Referral Services will pay air transportation costs to a referral health care facility and maintenance costs, as provided in §§ 75-50-315 and 75-50-320.

(6)       Exceptions for Indigent Patients. Medical Referral Services shall pay the applicable percentage of the medical referral costs for which an indigent patient is personally liable whenever the patient is able to establish to the satisfaction of the Medical Referral Services staff that he or she falls within the indigent standards set forth below:

(i)        Medical Referral Services shall pay 100% of the medical and ancillary costs, transportation, official escort and maintenance costs associated with the medical referral of those patients whose family household gross income from all sources falls within the following levels:

 

Family Size

Maximum Annual Income1

1

$18,021

2

$24,378

3

$30,736

4

$37,093

5

$43,451

6

$49,808

7

$56,165

8

$62,523

 

For family units of more than 8 members, add $4,780 for each additional member.

[1]Maximum annual income levels are based on 133% and 150% respectively of the 2015 Poverty Level Guidelines for the State of Hawaii as measured by the Consumer Price Index, and are the levels published in the Federal Register on January 26, 2012 (volume 77, number 17) by the Secretary of the United States Department of Health & Human Services, Centers for Medicaid and Medicare Services, pursuant to the Omnibus Budget Reconciliation Act (OBRA) of 1981, §§ 652, 673(2).

(ii)       Medical Referral Services shall pay 75% of patients’ medical and ancillary costs, and 100% of transportation costs, including those of an official escort, as well as maintenance costs associated with the medical referral, for patients whose family gross income from all sources falls within the following levels:

 

Family Size

Maximum Annual Income1

1

$20,325

2

$27,495

3

$34,665

4

$41,835

5

$49,005

6

$56,175

7

$63,345

8

$70,515

 

For family units of more than 8 members, add $5,592 for each additional member.

[1]Maximum annual income levels are based on 133% and 150% respectively of the 2015 Poverty Level Guidelines for the State of Hawaii as measured by the Consumer Price Index, and are the levels published in the Federal Register on January 26, 2012 (volume 77, number 17) by the Secretary of the United States Department of Health & Human Services, Centers for Medicaid and Medicare Services, pursuant to the Omnibus Budget Reconciliation Act (OBRA) of 1981, §§ 652, 673(2).

 

(c)       Any amount not covered by the Medical Referral Program shall be the financial responsibility of the patient or the responsible party for a minor patient.

 

(d)       The patient or patient’s representative shall have the burden of providing the Medical Referral Services staff with verifiable documentation regarding the patient and the patient’s family unit (such as filed family income tax returns, wage and salary forms for employed family members, and applications for family enrollment in public assistance programs) that establish that the patient and the patient’s family unit fall within the indigent levels set forth above, and that the patient is thus eligible for financial assistance through Medical Referral Services. The Medical Referral Services staff shall include the documentation provided by the patient to establish indigent eligibility in the patient’s medical referral file. Medical Referral Services shall be prepared to demonstrate to the governor, upon request, that the patient satisfactorily established that he or she was indigent and required financial support to pay the medical referral cost. In doing so, no information beyond the patient and patient’s family unit’s financial information shall be shared outside Medical Referral Services. While the governor may review the case, the decision on the patient’s indigent status may not be changed by the governor or at the governor’s direction upon such review.

 

Modified, 1 CMC § 3806(a), (b), (c), (d), (f), (g).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

The Commission also designated subsections (b)(6)(iii) and (iv). The Commission converted the comma after the word “costs” in the first paragraph to a period pursuant to 1 CMC § 3806(g). The Commission corrected the spelling of the words “patient’s,” “HMOs” and “PPOs” in subsection (b) pursuant to 1 CMC § 3806(g). The Commission inserted a comma after the word “ancillary” in subsection (e) pursuant to 1 CMC § 3806(g). The Commission corrected the spelling of the word “patient’s” in subsection (f)(4) pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the words “state” in subsections (a) and (b) and the words at the beginning of subsection (d)(1) through (d)(3) pursuant to 1 CMC § 3806(f). The Commission inserted commas after the words “Oregon” in subsection (a) and “record” in subsection (c) pursuant to 1 CMC § 3806(g).

 

In March 2016, the Commission renumbered this section, numbered its unnumbered paragraphs, and renumbered its subsections pursuant to 1 CMC § 3806(a). The Commission rearranged the unnumbered paragraph and footnotes to fit harmoniously within this Code pursuant to 1 CMC § 3806(b). The Commission changed the reference numbers “Section 11.1.f” in subsections (b)(1), (b)(2), and (b)(5) to “subsection (b)(6)” and “Sections 5.3 and 5.5 of these Rules and Regulations” in subsections (b)(2) and (b)(5) to “§§ 75-50-315 and 75-50-320” to agree with the renumbered sections and subsections pursuant to 1 CMC § 3806(c) and (d). The Commission changed “ * ” in subsections (b)(6)(i)–(ii) to “ † ” pursuant to 1 CMC 3806(g).

 

§ 75-50-705    Assignment of Rights

 

Every patient approved for medical referral must assign any and all rights he or she may have to health care financial support or other third-party payments to Medical Referral Services up to the entire costs of the medical referral, and shall use his or her best efforts to secure such financial assistance for the entire medical referral cost. If, at any time, a medical referral patient receives a direct reimbursement from an insurance company or other third-party payer for medical bills arising from an authorized medical referral, such patient shall immediately endorse such payment to Medical Referral Services for deposit in the Medical Referral Services account.

 

Modified, 1 CMC § 3806(a).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

§ 75-50-710    Utilization Review

 

(a)       All medical bills incurred by a patient at the referral health care facility shall be subject to utilization review by the appropriate Medical Referral Services staff or contracted personnel. In those cases where a patient is referred to a referral health care facility in the State of Hawaii, it shall be the primary responsibility of the utilization review personnel employed by Medical Referral Services to review the medical treatment and care provided to the patient, and to audit the medical bills prior to their payment by Medical Referral Services. If, during a utilization review, it is determined that:

(1)       a patient is receiving, or has received, health care services that are             unnecessary or unauthorized by the Medical Referral Committee;

(2)       the patient’s stay in the hospital has been unnecessarily extended;

(3)       irregularities or inconsistencies exist in the patient’s medical bills;           and/or

(4)       there are other factors regarding patient care which may compromise the financial integrity or managed health care policy of   Medical Referral Services, such personnel performing the utilization review shall immediately notify the Director of Medical Referral Services in writing of the situation.

 

(b)       The Medical Referral Services Director shall promptly notify the referral health care facility in writing about the conclusions reached in the utilization review report regarding the specific charges for unauthorized or inappropriate services and advise the facility that Medical Referral Services will not be responsible for such charges. In the event of an emergency that requires additional medical services after a patient has been referred, emergency referral procedures must be followed, although approval may be sought retrospectively (also using emergency referral procedures) if the patient is in clear danger of death if immediate action is not taken.

 

Modified, 1 CMC § 3806(a).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission corrected the capitalization of the word “state” in subsection (a) pursuant to 1 CMC § 3806(f).

 

In March 2016, the Commission numbered the leading paragraph as subsection (a); renumbered subsections (a)–(d) to subsections (a)(1)–(4); and numbered the final paragraph as subsection (b) pursuant to 1 CMC § 3806(a).

 

§ 75-50-715    Lifetime Limit

 

Medical Referral Services shall pay medical expenses incurred for medical referral up to a lifetime limit of eighty thousand dollars per eligible patient. Transportation and maintenance costs for the referral patient and their escort(s) shall not be included in the calculation of a patient’s lifetime limit. Any medical expense in excess of the lifetime limit shall be the patient’s full responsibility. Medical Referral Services shall only assist with applicable air transportation and maintenance costs for future referrals of patients who have reached or exceeded the lifetime limit. Any medical estimate or expense shall solely be the patient’s responsibility. MRS must verify patients’ abilities to pay estimated medical expenses prior to the issuance of a Medical Treatment Authorization Form and travel authorization.

 

Modified, 1 CMC § 3806(a), (e).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission struck the figure “$50,000” and corrected the capitalization of the phrase “fifty thousand dollars” pursuant to 1 CMC § 3806(e) and (f).

 

In March 2016, the Commission struck the figure “($80,000)” as a mere repetition of written words pursuant to 1 CMC § 3806(e).

 

Part 800 -       Limited Government Liability

 

§ 75-50-801    Statutory Exemption

 

As provided in 7 CMC § 2204(d), the CNMI Government shall not be liable for any claim arising from the Medical Referral Committee’s denial of, or failure to make, a medical referral to a medical facility outside the CNMI.

 

Modified, 1 CMC § 3806(a), (d).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission corrected the spelling of the word “Committee’s” pursuant to 1 CMC § 3806(g).

 

The Commission substituted “Section 2204(d) of Title 7 of the Commonwealth Code” with “7 CMC § 2204(d)” pursuant to 1 CMC § 3806(d).

 

§ 75-50-805    Medical Referral Services Not Responsible for Unauthorized Services

 

Medical Referral Services shall not be responsible for the medical, ancillary, transportation, escort, or maintenance costs incurred by a patient whose off-island medical care was not authorized by the Medical Referral Committee. Similarly, Medical Referral Services shall not be responsible for the cost of medical or health care services rendered to a patient at a health care facility or by a health care provider not recognized by the Medical Referral Committee.

 

Modified, 1 CMC § 3806(a).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Part 900 -       Miscellaneous Provisions

 

§ 75-50-901    Penalties for Violations of These Rules and Regulations

 

Any person found by Medical Referral Services to have violated these rules and regulations shall be liable for either:

 

(a)       a civil penalty of up to $1,000; or

 

(b)       the costs incurred by Medical Referral Services as a           result of the violation, whichever is greater;

 

and court costs and attorneys’ fees incurred by the CNMI government in collecting such penalty or incurred costs, for each violation. Such determination shall be made by the director. In the event the person who is the subject of such a finding wishes to appeal, he or she shall be entitled to an administrative hearing conducted by Medical Referral Services. Furthermore, where such violations appear to constitute a crime, the matter may be referred to the Attorney General’s Office and/or the United States Attorney’s Office for possible prosecution.

 

Modified, 1 CMC § 3806(a), (f).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The Commission changed “$1,000.00” in subsection (a) to “$1,000” pursuant to 1 CMC § 3806(g).

 

§ 75-50-905    Severability

 

If any provision of this chapter or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this chapter, or the application of their provisions to persons or circumstances other than those to which they are held invalid, shall not be affected thereby.

 

Modified, 1 CMC § 3806(a), (d).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: In March 2016, the Commission substituted “these Rules and Regulations” with “this chapter” pursuant to 1 CMC § 3806(d).


 

 

Appendix A

Referral Health Care Facilities

 

For purposes of this chapter, the following health care facilities, and those health care providers and ancillary care providers associated with these facilities, shall be considered to be recognized referral health care facilities for medical referral patients from the CNMI:

 

TERRITORY OF GUAM

Cancer Center of Guam

Dr. Byungsoo Kim

Dr. Raymond M. Taniguchi

Dr. Young Chang

Dr. David Parks

Dr. Pierre Pang

Dr. Ruben Arafiles

ENT and Neurology Clinic

FHP Health Center

Good Samaritan Clinic

Guam Memorial Hospital

Guam Pacific Medical Clinic

Guam Seventh Day Adventist Clinic

Guam Eye Clinic

Guam Orthopedic Associates

Guam Public Medical Clinic

Guam Radiology Consultants

Guam Pacific Medical Group

Guam Regional Medical City

Guam Surgicenter

Guam Surgical Group

Hafa Adai Specialist Group

Health Partners

IHP

Island Eye Center

Island Surgical Center

Island Cancer Center

Latte Stone Cancer Center

Naval Hospital Guam

Pacific Cardiology Consultants

Pacific Medical Group

Pacific Hand Surgery

Pacific Surgical Arts

Pacific Urology Consultants

St. Lucy’s Eye Clinic

U.S. Renal Care

 

 

STATE OF CALIFORNIA

Anaheim Memorial Hospital

California Pacific Medical Center

Children’s Hospital of LA.

Good Samaritan Hospital, LA

Rady Children’s Hospital (San Diego)

UCSD

UCSF

UCLA

 

STATE OF HAWAII

Cancer Institute of Maui

Cancer Center of Hawaii

Castle Medical Center

DSI Renal Clinic

Kahi Mohala Center (Mental Health)

KapioIani Children/Women Hospital (PIMS)

Kaukini Medical Center

Liberty Dialysis Center

Pali Momi Medical Center (PIMS)

Pacific Cardiology

Queens Medical Center

Renal Treatment Center

Rehabilitation Hospital of the Pacific

Shriners Hospitals for Children -- Honolulu

Straub Clinic and Hospital (PIMS)

St. Francis Hospital

Tripler Army Medical Center

Waikiki Health Center

 

REPUBLIC OF THE PHILIPPINES

Asian Hospital and Medical Center

Makati Medical Center

The Medical City Hospital

Philippine General Hospital

St. Luke’s Medical Center (both)

 

STATE OF TEXAS

The Brown Schools of Central Texas

(San Marcos Treatment Center,

Health Care Rehabilitation Center, etc.)

 MD Anderson Cancer Center

 

JAPAN

Aichi Children’s Hospital

Fukushima Memorial Hospital

Nagoya City University Hospital

 

Modified, 1 CMC § 3806(a), (f).

 

History: Amdts Adopted 38 Com. Reg. 37902 (Mar. 29, 2016); Amdts Proposed 38 Com. Reg. 37567 (Feb. 28, 2016); Amdts Adopted 35 Com. Reg. 34128 (Aug. 28, 2013) (repealing and re-enacting this subchapter); Amdts Proposed 35 Com. Reg. 33549 (June 28, 2013); Amdts Adopted 33 Com. Reg. 31503 (Apr. 21, 2011) (repealing and re-enacting this subchapter); Amdts Proposed 33 Com. Reg. 31291 (Jan. 24, 2011); Emergency 33 Com. Reg. 31225 (Jan. 24, 2011); Amdts Emergency and Proposed 27 Com. Reg. 25187 (Nov. 25, 2005) (effective for 120 days from November 23, 2005); Amdts Adopted 27 Com. Reg. 24681 (July 20, 2005); Amdts Emergency and Proposed 27 Com. Reg. 24099 (Mar. 17, 2005) (effective for 120 days from March 14, 2005); Amdts Adopted 26 Com. Reg. 21894 (Feb. 23, 2004); Amdts Emergency and Proposed 26 Com. Reg. 21531 (Jan. 22, 2004) (effective for 120 days from Jan. 14, 2004); Amdts Adopted 20 Com. Reg. 15958 (June 15, 1998); Amdts Emergency and Proposed 20 Com. Reg. 15851 (Feb. 15, 1998) (effective for 120 days from Feb. 13, 1998); Adopted 18 Com. Reg. 14218 (July 15, 1996); Proposed 18 Com. Reg. 14039 (Apr. 15, 1996).

 

Commission Comment: The November 2005 Emergency and Proposed amendments proposed to add two new facilities located in the state of California. As of December 2005, a notice of permanent adoption had not been published.

 

In March 2016, the Commission numbered the Attachment I as Appendix A pursuant to 1 CMC § 3806(a). The Commission created the title to Appendix A. The Commission substituted “these Rules and Regulations” with “this chapter” pursuant to 1 CMC § 3806(d).

CHAPTER 75-60

COUNCIL ON DEVELOPMENTAL DISABILITIES

 

SUBCHAPTER 75-60.1

COMMONWEALTH RESPITE SERVICES PROGRAM
ADMINISTRATIVE RULES AND REGULATIONS

 


Part 001          General Provisions

§ 75-60.1-001 Authority

§ 75-60.1-005 Purpose

§ 75-60.1-010 Community Respite Services Program

§ 75-60.1-015 Definitions

 

Part 100          Clients

§ 75-60.1-101 Persons Eligible for Respite Care

§ 75-60.1-105 Income Guideline for Qualification

§ 75-60.1-110 Payment for Respite Care

§ 75-60.1-115 Priority

§ 75-60.1-120 Respite Care Settings

§ 75-60.1-125 Clients with Diverse Families

 

Part 200          Providers

§ 75-60.1-201 Types of Providers

§ 75-60.1-205 Provider Qualifications

§ 75-60.1-210 Recruiting Providers

§ 75-60.1-215 Hiring and Retaining Providers

§ 75-60.1-220 Volunteer Providers

§ 75-60.1-225 Provider Relationship with Client Prohibited

 

Part 300          Family Caregivers

§ 75-60.1-301 Family Caregiver Defined

§ 75-60.1-305 Family Caregiver Involvement

 

Part 400          Respite Service Administration

§ 75-60.1-401 Administration

§ 75-60.1-405 Plan for Respite Care Services

§ 75-60.1-410 Covered Services

§ 75-60.1-415 Services Not Covered

§ 75-60.1-420 Needs Assessment and Evaluation for Respite Care

§ 75-60.1-425 Limit on Number of Service Hours

§ 75-60.1-430 Supervision

§ 75-60.1-435 Training

§ 75-60.1-440 Discontinuance of Services

§ 75-60.1-445 Payment Sources to Assist Families

§ 75-60.1-450 Community Resources

§ 75-60.1-455 Community Collaboration

§ 75-60.1-460 Access to Program

§ 75-60.1-465 Data Collection of Participants for Program Improvement and Distribution of Information


 

Subchapter Authority: 1 CMC § 2051-2053; 1 CMC § 2097; 3 CMC §§ 2432, 2435.

 

Subchapter History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Commission Comment: 1 CMC §§ 2051-2053 create an Office of the Governor within the Commonwealth government, charged with the duties provided by law.

 

1 CMC § 2097 allocates the Council on Developmental Disabilities to the Office of the Governor. Prior to the August 3, 2000 enactment of this section, the Council was allocated to the Department of Public Health. Executive Order 94-3, § 305(b).

 

3 CMC § 2432 orders the Council on Developmental Disabilities to establish the Commonwealth Respite Services Program to “develop and encourage statewide coordination of respite services and to work with community-based private nonprofit or for-profit agencies, public agencies, and interested citizen groups in the establishment of community lifespan respite services programs.” 3 CMC § 2435 gives the Council or its designee authority to adopt regulations for the adoption and administration of the Commonwealth Respite Services Program.

 

The Commission renumbered the sections of the July 2014 regulations to comply with standard NMIAC formatting pursuant to 1 CMC § 3806(a).

 

Part 001 -       General Provisions

 

§ 75-60.1-001 Authority

 

Under and by virtue of the authority vested in the CNMI Council on Developmental Disabilities (“Council”) pursuant to 3 CMC § 2435 and Section 6 of Public Law 14-36, the Council hereby promulgates the rules and regulations in this chapter.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

§ 75-60.1-005 Purpose

 

The Council promulgates the rules and regulations in this chapter to effectively administer the Commonwealth Respite Service Program (“CRSP”) pursuant to Public Law 14-36 in its role as an advisory body to the CBO.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Commission Comment: The Commission removed an extra period at the end of this section pursuant to 1 CMC § 3806(g).

 

§ 75-60.1-010 Community Respite Services Program

 

The Council shall be responsible for the development of the CRSP in order to provide the CBO guidance in the regulation, management, and supervision of respite care. It shall collaborate with other government agencies, for profit and non-profit organizations, in further developing the CRSP in order to meet the community’s needs.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Commission Comment: The Commission inserted a comma after the word “management” pursuant to 1 CMC § 3806(g).

 

§ 75-60.1-015 Definitions

 

Applicability. The words and terms as used in this chapter shall have the meanings indicated and shall include the plural unless the context clearly indicates otherwise. The definitions herein provided shall supplement the public laws referenced in § 75-60.1-001.

 

(a)       “Activities of daily living” means the tasks performed routinely by a person to maintain physical functioning and personal care, including transferring, moving about, dressing, grooming, toileting, and eating.

 

(b)       “Caregiver” means an individual providing ongoing care to one who is unable to care for him or herself.

 

(c)       “CBO” means the community based organization who shall be responsible for regulating, managing, and supervising the delivery of respite care services to the community.

 

(d)       “Client” means a dependent person at risk of being institutionalized and presently unable to live independently.

 

(e)       “CNMI respite care state plan” means the development of and the administration of a comprehensive and coordinated respite care services for qualified clients in the CNMI, in accordance with all the requirements of Public Law 14-36.

 

(f)        “Community respite services program” (CRSP) means a program that:

(1)       is operated by a community based private non-profit or for-profit agency or a public agency that provides respite services;

(2)       receives funding through the Commonwealth Respite Services Program established under Section 3 of this Act*;

(3)       serves an area in one or more of the three senatorial districts;

(4)       acts as a single local source for respite services information and referral; and

(5)       facilitates access to local respite services.

 

(g)       “Council” means the CNMI Council on Developmental Disabilities.

 

(h)       “Eligible recipients” means the primary caregivers of target dependents. The determination of eligibility for services is based on the needs of the family, with special attention given to the needs of the individual receiving care and the primary caregiver.

 

(i)        “Economic resources” means the client’s own resources together with other types of assistance, financial or otherwise, which are available to a client and would help maintain the client in the client’s own home.

 

(j)        “Federal Poverty Income Guidelines” or “FPIG” means the financial amount set annually by the U.S. Department of Health and Human Services (“HHS”) in the Federal Register in order to simplify the poverty thresholds to be used in administrative setting such as to determine financial eligibility for certain federal programs.

 

(k)       “Gross income” means any benefit which is received by the client as a result of current or past labor or services (before deductions), business activities which generates recurring income, or as a contribution from persons, organizations, or assistance agencies such as wages and salary.

 

(l)        “Health status” means the client’s medical condition based on a diagnosis of the client’s existing illnesses or disabilities, the medical care and medications needed in response to the diagnosis, and an assessment of the client’s ability to perform daily tasks.

 

(m)      “Home” means the client’s residence which may not include a nursing facility, hospital, assisted living facility, penal institution, detention center, school, intermediate care facility for persons with mental retardation, or an institution that treats individuals who have mental diseases.

 

(n)       “Home environment” means the client’s dwelling unit, building, or house and its furnishings and the neighborhood in which the client resides.

 

(o)       “Non-categorical care” means care without regard to age, income, ethnicity, race, nationality, special need or situation, or other status of the individual receiving care.

 

(p)       “Needs assessment and evaluation” means a procedure for evaluating a client for respite care.

 

(q)       “Paid provider” means an individual or agency who meets the requirements to be a provider and who will provide services for a fee.

 

(r)        “Personal adjustment” means the indicators of an individual’s mood, judgment, and memory which are essential to remaining independent.

 

(s)        “Primary caregiver” means an individual who provides a client with continuous at-home care at no cost.

 

(t)        “Provider” means an individual or agency selected by a family or caregiver to provide respite services to an individual with special needs.

 

(u)       “Respite care” means temporary relief for primary caregivers to prevent individual and family breakdown, institutionalization of the person being cared for, or abuse by the primary caregiver as a result of stress from giving continuous support and care to a dependent person.

 

(v)       “Respite services” include but are not limited to:

(1)       Recruiting and screening of paid and unpaid respite care providers;

(2)       Identifying local training resources and organizing training opportunities for respite care providers;

(3)       Matching families and caregivers with providers and other types of respite care;

(4)       Providing vouchers, payment, subsidies, loans, grants, and linking families and caregivers with payment resources;

(5)       Identifying, coordinating, and developing community resources for respite services;

(6)       Quality assurance and evaluation;

(7)       Assisting families and caregivers to identify respite care needs and resources;

(8)       Assisting with the development of existing or needed facilities for respite care services.

 

(w)      “Social resources” means support or assistance available to a client from family, friends, neighbors, community organizations such as churches, civic groups, or senior centers, or other agencies providing services to residents of the community.

 

(x)       “Target dependents” means children with developmental disabilities residing at home, or adults with developmental disabilities who reside with aging parents, children, and older individuals who are medically fragile, have developmental disabilities, dementia, and other conditions and who reside at home of primary caregiver such as adult children, grandchildren, or other care-giving relative.

 

(y)       “Unpaid provider” means an individual or agency who meets the requirements to be a provider and who will provide services without a fee.

 

* So in original.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Commission Comment: The Commission substituted section numbers pursuant to 1 CMC § 3806(d). The Commission corrected the capitalization of the words “community based organization” in subsection (c), “respite care state plan” in subsection (e), “income” in subsection (k), “provider” in subsections (q) and (y), and the words at the beginning of subsections (f)(1) through (f)(5) and (v)(1) through (v)(9) pursuant to 1 CMC § 3806(f). The Commission inserted a comma after the word “managing” in subsection (c) and corrected periods to semicolons at the ends of subsections (v)(1) through (v)(8) pursuant to 1 CMC § 3806(g).

 

Part 100 -       Clients

 

§ 75-60.1-101 Persons Eligible for Respite Care

 

Depending on availability of funds, a client may be eligible for respite care when the following criteria are met:

 

(a)       The client’s needs assessment and evaluation plan indicates a need for respite care; OR

 

(b)       Income: The client has a monthly gross income below the FPIG for a family of the same size; AND

 

(c)       Residency: The client must be living in the CNMI with the intention of making the CNMI his/her home permanently. Acceptable documentation includes, but is not limited to, utility payment receipts, house rental/mortgage receipts, etc.; AND

 

(d)       Citizenship: Only the citizenship and immigration status of the client is required for eligibility purposes. The client must be a U.S. citizen or a qualified alien, as defined in Personal Responsibility Work Opportunity Act (PRWORA), to be eligible for respite care services. Acceptable documentation includes, but is not limited to, birth certificate or passport; AND

 

(e)       The individual has a primary caregiver.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “a” in the initial paragraph and “gross” in subsection (b) pursuant to 1 CMC § 3806(f). The Commission corrected the spelling of the word “criteria” in the initial paragraph pursuant to 1 CMC § 3806(g).

 

§ 75-60.1-105 Income Guideline for Qualification

 

(a)       In order to qualify for respite care, an applicant, primary care provider, family member, or authorized person may fill out an application for the potential client. The CBO shall use the FPIG for a family of the same size as the guideline for qualification. However, an applicant who is a recipient of any CNMI or federal assistance program automatically qualifies for respite care. The client’s monthly gross income shall be used to determine an applicant’s eligibility.

 

(b)       Exclusions from Gross Income. Excluded from the computation of gross income are the following:

(1)       Money received from the sale of property such as stocks, bonds, a house, or a car unless the person was engaged in the business of selling the property, in which case, the net proceeds would be counted as self employed income;

(2)       Withdrawals of bank deposits;

(3)       Loans;

(4)       Gifts, including in-kind gifts such as free room and board, when the gift is not a form of compensation in lieu of wages or salary;

(5)       Monies received in the form of a nonrecurring lump sum payment including, but not limited to, the following:

(i)        Income tax refunds, rebates, credits;

(ii)       Retroactive lump sum Social Security, SSI, or unemployment compensation benefits;

(iii)      Retroactive annual adjustment payments in the Department of Veterans Affairs’ (VA) disability pensions;

(iv)      Lump sum inheritance or insurance payments;

(6)       Refunds of security deposits on rental property or utilities;

(7)       Earnings of minor children who are members of the household and are students at least half-time shall be excluded even during temporary interruptions in school attendance due to semester or vacation breaks, provided the minors’ enrollment will resume following the break;

(8)       Capital gains;

(9)       Loans, grants, and scholarships obtained and used under conditions that prohibit use for current living expenses;

(10)     Any grant or loan to any undergraduate student for educational purposes made or insured under any program administered by the United States Secretary of Education;

(11)     Home produce utilized for home consumption;

(12)     The value of coupon allotment under the Food Stamp Act of 1977, as amended;

(13)     The value of USDA donated or surplus foods;

(14)     The value of supplemental food assistance under the Child Nutrition Act of 1966 (42 U.S.C. §§ 1771-1789) and the special food service program for children under the National School Lunch Act, as amended;

(15)     Benefits received from the special supplemental food program for women, infants, and children (WIC) (Pub. L. No. 92-443);

(16)     Allowances and payments to participants in programs, other than on-the-job training, under the Work Investment Act (WIA) of 1998 (20 U.S.C. § 9201);

(17)     The earned income of individuals participating in on-the-job training program under the Job Training Partnership Act (JTPA) of 1982 (25 U.S.C. § 640d-640d-28) who are between 18 and 19 years of age and under the parental control of another household member;

(18)     Earned income tax credit (EITC) payments received either as a lump sum or recurring payments under section 3507 of the Internal Revenue Code of 1986;

(19)     Financial assistance provided by a program funded in whole or in part under title IV of the Higher Education Act in accordance with Pub. L. No. 99-498;

(20)     Payments or allowances under any federal or local laws for the purpose of energy assistance;

(21)     Assistance payments received as a result of a declared federal major disaster or emergency form the Federal Emergency Management Agency (FEMA), and other comparable disaster assistance provided by any state or local government agency, and disaster assistance organizations;

(22)     Payments made from the Agent Orange Settlement Fund or any other fund established in connection with settling liability claims concerning the chemical Agent Orange (Pub. L. No. 101-201);

(23)     Reimbursements from the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4636);

(24)     Payments received under the Radiation Exposure Compensation Act (Pub. L. No. 101-426) to compensate individuals for injuries or deaths resulting from the exposure to radiation from nuclear testing or uranium mining;

(25)     Payments to individuals participating in the Senior Community Service Employment Program (SCSEP) funded under title V of the Older American Act of 1965 (Pub. L. No. 100-175);

(26)     Payments to volunteers derived from the volunteer’s participation in the following program authorized by the Domestic Volunteer Service Act of 1973 (42 U.S.C. §§ 5011, 4951-4958):

(i)        Foster grandparent program;

(ii)       Senior companion program; and

(iii)      Volunteers in service to America (VISTA) and AmeriCorps program.

(27)     Military re-enlistment bonus;

(28)     Any other payments made in accordance with territory and federal laws that preclude the payments from being counted as income.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Commission Comment: The initial paragraph was undesignated in the July 2014 regulation. The Commission designated it as subsection (a) pursuant to 1 CMC § 3806(a). The Commission corrected the capitalization of the words “gross income” in subsection (a), “Social Security” in subsection (b)(5)(ii), and “Federal Emergency Management Agency” in subsection (b)(21) pursuant to 1 CMC § 3806(f). The Commission inserted a comma after the word “member” in subsection (a), corrected punctuation at the ends of subsections (b)(8), (b)(12), and (b)(19), and corrected the reference to the Department of Veterans Affairs in subsection (b)(5)(iii) pursuant to 1 CMC § 3806(g).

 

§ 75-60.1-110 Payment for Respite Care

 

(a)       Method of computing respite care payment

(1)       The Council shall establish the hourly rate to be paid for respite care.

(2)       The respite care provider shall provide verification of the number of hours of respite care provided to the client, certified by the client or the client’s primary care provider to the CBO.

(3)       The CBO will compute the monthly projected cost of the respite care based on:

(i)        Hours of respite care provided;

(ii)       The client or the family’s share of the cost of respite care in accordance with the sliding fee scale as set forth in the current state plan.

(4)       The projected respite care payment rate shall be calculated by:

(i)        The hours of respite care provided to the client;

(ii)       The respite care amount to be paid each month of eligibility shall be the respite care hourly rate, times the number of hours of respite care provided, minus the co-payment amount, if any (hourly rate x respite care hours provided - co-payment amount = payment to respite care provider).

(5)       Eligibility for respite care subsidized payment shall be suspended for any month the total monthly income exceeds the income criteria for the size of the family as adopted by the Council.

 

(b)       Respite Care Payments

(1)       The payment rate shall be established by the current state plan.

(2)       Respite care payments shall be an expense that is reimbursed to the respite care provider.

(3)       The client or primary care provider’s co-payment shall be established by the current sliding fee scale as set forth in the current state plan.

(4)       The CBO shall issue a payment invoice and an attendance form to respite care providers who must then secure the client or their primary care provider’s signature to be submitted for a reimbursable payment for respite care services rendered the previous month. The attendance form must show the number of hours the client is in the care of the service provider. Failure to submit a completed and signed payment invoice and/or an attendance form shall result in no payment.

(5)       A completed and signed payment invoice and/or attendance form must be received by the CBO within the first three working days of the month. Invoices received after the third working day of the month will be considered late and will not be processed until the following month.

(6)       The client or the primary care provider shall pay their portion of the respite care cost.

(7)       All clients or primary care providers will pay their co-payments directly to the CNMI Treasury.

(8)       The client or primary care provider shall be responsible for any respite care costs in excess of the maximum respite care rates as set forth in the current state plan.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Commission Comment: The Commission corrected the capitalization of the words “sliding fee scale” in subsections (a)(3)(ii) and (b)(3), “state plan” in subsections (b)(1) and (b)(3), and “payment invoice” in subsection (b)(4) pursuant to 1 CMC § 3806(f). The Commission struck the figure “3rd” from subsection (b)(5) pursuant to 1 CMC § 3806(e).

 

§ 75-60.1-115 Priority

 

(a)       Priority for Services. Priority for respite care services is determined in the following order:

(1)       Clients or primary care providers who are classified as no to very low income or below the FPIG level.

(2)       Clients or primary care providers who are classified as no to very low income or below the FPIG level with special needs children.

(3)       Clients or primary care providers who are homeless.

 

(b)       Priority of Applications.

(1)       If requests for respite care services cannot be honored because of the unavailability of services, applicants whose demonstrated need includes immediate danger of leaving their home or family shall be the first to receive respite care services regardless of the date of application.

(2)       All other eligible applicants for respite care who cannot receive service because of its unavailability shall be placed on a waiting list in order of date of application for services. A change in an applicant’s condition may warrant a change in priority.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

§ 75-60.1-120 Respite Care Settings

 

Respite care services may be provided in the following settings:

 

(a)       In the client’s home as long as the primary caregiver lives in the client’s home;

 

(b)       In the primary caregiver’s home;

 

(c)       In the respite care provider’s home; or

 

(d)       With prior approval from the CBO, in another type of community setting such as child or adult day care.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

§ 75-60.1-125 Clients with Diverse Families

 

Family diversity is reflected in each family’s unique characteristics such as race, ethnicity, language, family composition, socio-economic status, and religious beliefs. It is important that respite programs and providers respect these characteristics.

 

(a)       Each family’s cultural, racial, and linguistic identities are acknowledged, respected, and supported.

 

(b)       Each family’s spiritual beliefs are acknowledged and respected.

 

(c)       Diversity in family composition is acknowledged and supported in the provision of respite services (e.g. grandfamilies; foster and adoptive families; single parent families; lesbian, gay, bisexual, and transgender families (LGBT).

 

(d)       Every effort is made to incorporate the family’s cultural and linguistic needs into respite services.

 

Source: National Respite Guidelines, October 2011

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Commission Comment: The Commission inserted commas after the words “respected” in subsection (a) and “bisexual” in subsection (c) pursuant to 1 CMC § 3806(g).

 

Part 200 -       Providers

 

§ 75-60.1-201 Types of Providers

 

(a)       Paid providers are those who will provide services for a fee to be paid by the CBO.

 

(b)       Unpaid providers are those who provide services whose fees will be paid by someone other than the CBO.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

§ 75-60.1-205 Provider Qualifications

 

The CBO shall screen potential provider applicants as follows:

 

(a)       Conduct provider interviews, contact references, and require criminal background checks;

 

(b)       Assess provider knowledge about human development and developmentally appropriate activities;

 

(c)       Ensure that providers have work or volunteer experience working with the population they are serving (i.e., family caregivers, children with disabilities, adults with dementia, families in crisis);

 

(d)       Ensure that providers are physically and emotionally able to provide the care (e.g., by assessing work/volunteer experience, asking specific open-ended interview questions, and checking work and character references).

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Commission Comment: The Commission corrected the capitalization at the beginnings and the punctuation at the ends of subsections (a) through (d) pursuant to 1 CMC § 3806(f) and (g).

 

§ 75-60.1-210 Recruiting Providers

 

(a)       The CBO shall collaborate with other agencies, local or federal, for profit or non-profit organizations to recruit and screen providers. If providers have been screened by an organization other than the CBO, the providers must, at a minimum, have been qualified with established criteria by the other organization.

 

(b)       Recruitment campaigns for providers are carefully planned to encourage potential providers to respond to the need for respite.

 

(c)       Family caregivers are encouraged to identify their own respite providers whenever appropriate from formal or informal supports.

 

(d)       Efforts will be made to recruit respite providers from various ethnic, racial, linguistic, and cultural groups, as well as from socially diverse families (e.g., grandfamilies; foster and adoptive families; single parent families; lesbian, gay, bisexual, and transgender families (LGBT)) in order to provide a diverse workforce.

 

(e)       The CBO shall recruit providers who can effectively address specific family and care recipient needs (e.g., fluent in family’s first language, trained to work with individuals with dementia).

 

(f)        The CBO shall recruit respite providers representing both male and female role models for children and youth.

 

(g)       The CBO shall recruit respite providers who live in areas easily accessible to families needing services, or plan to address resulting transportation issues if this is not possible.

 

Source: National Respite Guidelines, October 2011

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Commission Comment: The Commission inserted a comma after the word “bisexual” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 75-60.1-215 Hiring and Retaining Providers

 

(a)       The CBO will develop job descriptions for all paid and volunteer respite positions, including the knowledge and skills needed to perform the designated job.

 

(b)       The CBO will require that respite providers and volunteers submit a job application, provide references, and participate in an interview.

 

(c)       The CBO will conduct criminal background checks.

 

(d)       The CBO will provide to all respite providers a contract outlining provider and/or volunteer roles and responsibilities.

 

(e)       Once hired, respite providers and volunteers will be given a general program orientation and participate in pertinent training activities.

 

(f)        The CBO will provide ongoing support and supervision, including evaluating and providing feedback on the performance of each provider and volunteer.

 

Source: National Respite Guidelines, October 2011

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

§ 75-60.1-220 Volunteer Providers

 

(a)       The CBO will use volunteers to provide a number of roles including clerical, fund raising, grounds improvements, direct services, and any other role if qualified.

 

(b)       The CBO will dedicate administrative staff time to careful recruitment, training, retention, and supervision of volunteers.

 

(c)       Volunteers are recruited from the general community targeting potential volunteers through entities such as senior organizations, colleges and universities, corporate volunteer programs, service organizations, and faith based communities.

 

(d)       The CBO shall coordinate with any institution of higher learning, such as the Northern Marianas College (“NMC”), or trade institute to encourage a volunteer program to be implemented for classroom credit for all student volunteers. If possible, the CBO shall encourage NMC to implement an internship and/or apprentice program for NMC students.

 

(e)       If volunteers are providing direct services, the CBO will plan for a comprehensive orientation, training, ongoing support and supervision, as well as specific volunteer job roles.

 

(f)        Volunteers are carefully matched with respite program needs. For example, more complex medical needs among children or adults with disabilities, or older care recipients with later stages dementia, may require more highly trained or more closely supervised volunteers to provide respite.

 

(g)       The CBO will plan for ways they can recognize volunteers for the services they perform (e.g., recognition events, participation in staff training).

 

Source: National Respite Guidelines, October 2011

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Commission Comment: The Commission inserted commas after the words “services” in subsection (a) and “retention” in subsection (b) and struck a superfluous apostrophe in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 75-60.1-225 Provider Relationship with Client Prohibited

 

A client’s spouse, parent, or child may not be a respite care provider. Another family member may be a provider if the family member is neither living with the client nor receiving compensation as the client’s caregiver.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Part 300 -       Family Caregivers

 

§ 75-60.1-301 Family Caregiver Defined

 

Family caregivers are those persons, whether related to the client or not, who provide care to the client.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

§ 75-60.1-305 Family Caregiver Involvement

 

(a)       Family caregiver involvement encompasses the inclusion of family caregivers in all aspects of quality, accessible respite service delivery. It is important to clearly define family roles so that they can be effectively involved in activities such as surveying caregiver needs, planning respite services, and program evaluation. However, no information deemed confidential by local or federal law shall be disseminated about clients.

 

(b)       The CBO shall provide information about respite services and options to physicians, health care, social work, disability, and aging service providers to facilitate family caregivers having access to respite early in the caregiving experience.

 

(c)       The CBO shall assist family caregivers in identifying their particular need(s) for services through timely, volunteer caregiver assessments or through informal discussion to ensure that they gain the greatest benefits from respite.

 

(d)       Family caregivers are involved in service design and implementation.

 

(e)       The CBO shall solicit family caregiver input regarding service delivery on an ongoing basis (e.g., needs assessments, service satisfaction surveys, advisory boards).

 

(f)        The CBO and family caregivers shall work together to clearly define family roles and responsibilities within the services being provided.

 

(g)       The CBO shall develop respite care services so that they are family-centered (take into consideration the needs of all family members).

 

(h)       The CBO shall build on the strengths and resources of families.

 

(i)        The CBO shall plan respite care services so that it can be available early in the caregiving experience and in a frequently and therapeutically sufficient dosage to positively affect the family caregiver’s health and well-being.

 

(j)        Family caregivers receive appropriate emotional support and reassurance about having their loved one in care.

 

(k)       Family caregiver preferences for service entry, location, hours, activities and delivery, are respected and accommodated, as appropriate.

 

(l)        Families have access to their loved ones while they are in care.

 

(m)      Family caregivers are encouraged to value their respite time and engage in respite activities that will maximize their benefits and outcomes.

 

Source: National Respite Guidelines, October 2011

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Commission Comment: The initial paragraph in the July 2014 regulation was undesignated. The Commission designated it as subsection (a) pursuant to 1 CMC § 3806(a).

 

Part 400 -       Respite Service Administration

 

§ 75-60.1-401 Administration

 

The CBO shall administer the respite program with the advice and supervision of the Council. These rules and regulations shall be construed liberally in order for the CBO to provide respite care services.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

Commission Comment: The Commission corrected the spelling of the word “advice” pursuant to 1 CMC § 3806(g).

 

§ 75-60.1-405 Plan for Respite Care Services

 

The CBO in cooperation with the client, the primary caregiver, and the respite care provider shall develop a plan for respite care services. The plan shall be based on the client’s needs assessment and evaluation. The CBO shall retain a copy of the plan in the client’s file. The plan shall be reviewed every six months. The plan shall contain the following information;

 

(a)       The total number of respite care hours approved in each quarter;

 

(b)       The scheduled use of hours;

 

(c)       A description of the approved tasks or duties of the respite care provider; and

 

(d)       The cost-sharing amount determined by the sliding fee scale as adopted by the Council.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

§ 75-60.1-410 Covered Services

 

Covered services may include any of the following:

 

(1)       Companionship;

 

(2)       Involvement in the client’s activities of daily living;

 

(3)       Recreational activities;

 

(4)       Meal preparation;

 

(5)       Transportation;

 

(6)       Light housekeeping and personal hygiene tasks only when care is required over several days and as long as the services are essential to the client’s health and comfort in the home; and

 

(7)       Additional tasks or duties specified in the client’s plan for respite care service.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

§ 75-60.1-415 Services Not Covered

 

Services which are not covered under respite care includes skilled nursing services, however the administration of prescribed and over the counter medications shall be followed according to the client’s primary medical provider.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

§ 75-60.1-420 Needs Assessment and Evaluation for Respite Care

 

The CEO shall assess the respite care service needs of the client with the goal of improving or stabilizing the client’s condition thereby lessening or eliminating the client’s dependence on the respite care services. The CEO shall reassess the client’s condition and the continued need for services at least once every six months. In determining continuing need, the CEO shall consider the client’s ability to complete tasks and whether other resources are available to provide the needed services. The needs assessment and evaluation shall also consider information provided by the client in the following areas:

 

(a)       Social resources;

 

(b)       Home environment;

 

(c)       Health status;

 

(d)       Activities of daily living;

 

(e)       Personal adjustment; and

 

(f)        Economic resources.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

§ 75-60.1-425 Limit on Number of Service Hours

 

An individual qualifying for services under this chapter may not receive more than 210 hours of respite care services a quarter.

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

§ 75-60.1-430 Supervision

 

Supervision is a means of overseeing one’s work, offering guidance and verbal and emotional support to those who are providing care either on a paid or volunteer basis. Such teaching and debriefing opportunities enhance the quality of the care being provided.

 

(a)       All respite providers, whether paid or volunteer, receive ongoing supervision and support.

 

(b)       An administrative staff person is assigned the duty of maintaining consistent and ongoing contact with respite providers to answer questions, listen to their concerns, and share in the joys of providing respite services.

 

(c)       Regular staff meetings and in-service training are available to all respite providers.

 

(d)       In case of emergencies while an individual is in care, respite providers have access to an administrative staff person at all times.

 

(e)       Whether performing their work in the company of co-workers or in the isolation of their home or the family’s home, respite providers have access to peer support to share concerns and receive support.

 

(f)        Respite providers and respite programs exceed state licensing requirements, as needed, in determining the ratio of caregivers to providers. Some individuals in care, especially young children or the elderly with dementia, frequently have additional needs for assistance and supervision. Respite providers can more readily respond to those needs if they have only a few individuals in their care.

 

(g)       Respite programs determine the provider/care recipient ratio by assessing the individualized needs of each care recipient. In practice this will mean that some care will be appropriately provided in small groups, and, in some instances, care will be provided on an individual basis.

 

(8)       Documentation and reporting procedures are in place to reflect the respite provider service location if it is different from the immediate supervisor’s location.

 

Source: National Respite Guidelines, October 2011

 

History: Adopted 36 Com. Reg. 35135 (July 28, 2014); Proposed 36 Com. Reg. 35011 (May 28, 2014).

 

§ 75-60.1-435 Training

 

Once respite programs and volunteers have been recruited and hired, it is essential that they receive pre-service training as well as regular in-service training on topics relevant to their work. Training activities can be designed to include an initial orientation, group training, individualized training on specific care recipients’ needs, and periodic in-service training to enhance provider skills. Ideally, more than one method of training is offered to address various provider learning styles and needs.

 

(a)       Family caregivers and adult care recipients are involved in determining training content and in supervising or assisting in the training of providers, as appropriate. Training can involve formal group presentations, as well as direct training of respite providers by family caregivers and/or adult care recipients in the home.

 

(b)       Respite providers and volunteers receive training which not only enhances their skills, but also lets them know they are a valued member of a respite team, worthy of receiving information to improve the quality of their work.

 

(c)       Respite providers and volunteers receive training prior to providing care. Training is individualized to meet the needs of providers. In some situations, providers may already possess the requisite skills and background. In general, the following topics are included in training for providers. Additional topics may need to be added in specific circumstances:

(1)       Overview of respite services and importance of respite as a valued service;

(2)       Overview of family caregiving issues, including but not limited to the positive and negative physical, emotional and familial consequences of caregiving;

(3)       Caregiver stress and resultant outcomes;

(4)       Confidentiality;