25.0620.03001
Title.04000
Adopted by the Senate Human Services
Committee
Sixty-ninth
March 24, 2025
Legislative Assembly
of North Dakota
Introduced by
Representatives D. Anderson, Vollmer
Senator Thomas
A BILL for an Act to create and enact two new sections to chapter 50-11 of the North Dakota
Century Code, relating to substitute caregiver and respite care provider requirements in foster
homes for adults and the permitted use of an electronic monitoring device by an adult foster
care provider; and to provide for a legislative management study.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 50-11 of the North Dakota Century Code is created
and enacted as follows:
Substitute caregivers and respite care providers - Requirements.
1.As used in this section:
a."Respite care provider" means an individual enrolled as a qualified service
provider who provides respite care to private pay adult residents in the absence
of the provider.
b."Substitute caregiver" means an individual who meets qualified service provider
standards and provides respite care to private pay adult residents in the absence
of the provider.
2.The department may not limit the services of a substitute caregiver or a respite care
provider providing resident care on behalf of a foster home for adults to less than
two hundred twenty calendar days during the twenty-four-month period immediately
following the renewal date of the initial license or for less than one hundred ten
Page No. 1 25.0620.03001
ENGROSSED HOUSE BILL NO. 1460
FIRST ENGROSSMENT
PROPOSED AMENDMENTS TO
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19 Sixty-ninth
Legislative Assembly
calendar days during the twelve-month period immediately following the date of the
issuance of the initial license.
3.Unless a substitute caregiver or a respite care provider provided resident care on
behalf of a foster home for adults for more than twelve hours during a calendar day,
the department may not count the calendar day toward the limit determined by the
department in accordance with subsection 2.
4.This section applies to private pay adult foster care providers.
SECTION 2. A new section to chapter 50-11 of the North Dakota Century Code is created
and enacted as follows:
Adult foster care providers - Temporary assistants - Permitted use of electronic
device for monitoring.
An adult foster care provider may:
1.E mploy a temporary assistant as needed to assist with private pay adult residents that
have physical limitations that require more than one provider to properly assist.
2.Use an electronic device consisting of a one-way radio or video transmitter with a
portable receiver for monitoring an otherwise unattended adult resident within a limited
range, which allows the provider to remain nearby while ensuring the safety of the
resident. The Before implementing an electronic device for monitoring, the use of the
device must be approved in writing by the resident's resident or, if the resident is
incapacitated, a family member or legal representative before implementation of the
resident .
SECTION 3. LEGISLATIVE MANAGEMENT STUDY - LICENSING OF FOSTER HOMES
FOR ADULTS. During the 2025-26 interim, the legislative management shall consider studying
the licensing of foster homes for adults. The study must consider the barriers to receiving
services for older adults and adults with disabilities; regulatory restrictions that create
challenges for facilities, providers, and caregivers; and any funding or reimbursement limitations
in federal and state law. The study must include input from the department of health and human
services, older adults and adults with disabilities in need of services and their family members,
residents and their family members, facilities, providers, and caregivers. The legislative
management shall report its findings and recommendations, together with any legislation
required to implement the recommendations, to the seventieth legislative assembly.
Page No. 2 25.0620.03001
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