The licensing of assisted living facilities and powers and duties of the department of health and human services.
Impact
One of the key changes proposed in this bill is the establishment of a clear licensing requirement for all assisted living facilities, which ensures that only those that are licensed by the Department of Health and Human Services can use the term 'assisted living' in their operations and advertising. Furthermore, the bill introduces a standardized annual licensing fee, aimed at generating revenue for the department to support its regulatory activities. Facilities that fail to meet compliance after being notified may face daily fines, highlighting the bill's emphasis on maintaining quality care and regulations in assisted living environments.
Repeal
Additionally, the bill proposes the repeal of certain sections of the North Dakota Century Code that previously governed assisted living facilities, resulting in a more streamlined and updated legal framework for operational guidelines. This modernization aims to reflect current best practices in care provision and the responsibilities of regulatory bodies.
Summary
Senate Bill 2088 aims to amend and re-enact certain sections of the North Dakota Century Code relating to the regulation and licensing of assisted living facilities. The bill specifically defines what constitutes an 'assisted living facility,' which must operate as a singular entity with at least five living units, offering support services for individuals seeking to maintain independence despite requiring assistance with daily activities. The definitions included within the bill also clarify what can be classified as 'individualized support services' and details regarding occupancy standards for living units in these facilities.
Support
There is an implicit support for the bill from health and safety advocates who believe that clearer regulations and oversight will boost the quality of care in assisted living facilities across North Dakota. The inclusion of individualized support services as defined in the bill aligns with contemporary expectations for care facilities to prioritize resident needs.
Contention
Notable points of contention regarding SB2088 arise mainly from the proposed penalties for non-compliance and the effects of regulatory requirements on small, independently owned facilities. While advocates argue that these measures would ensure the safety and well-being of vulnerable populations in assisted living arrangements, opponents voice concerns that such stringent regulations may drive smaller providers out of the market or inhibit the establishment of new facilities due to financial burdens associated with licensing and compliance.
The powers and duties of the department of health and human services, treatment hearing timelines, and membership of the cross-disability advisory council; to provide for a legislative management study; and to provide an expiration date.
Relating to the powers and duties of the Department of Family and Protective Services and the transfer of certain powers and duties from the Health and Human Services Commission.