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North Dakota House Bill HB1460

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1460 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1460
4-(Representatives D. Anderson, Vollmer)
5-(Senator Thomas)
6-AN ACT to create and enact two new sections to chapter 50-11 of the North Dakota Century Code,
7-relating to substitute caregiver and respite care provider requirements in foster homes for adults
8-and the permitted use of an electronic monitoring device by an adult foster care provider; and to
9-provide for a legislative management study.
1+25.0620.05000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Representatives D. Anderson, Vollmer
7+Senator Thomas
8+A BILL for an Act to create and enact two new sections to chapter 50-11 of the North Dakota
9+Century Code, relating to substitute caregiver and respite care provider requirements in foster
10+homes for adults and the permitted use of an electronic monitoring device by an adult foster
11+care provider; and to provide for a legislative management study.
1012 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
11-SECTION 1. A new section to chapter 50-11 of the North Dakota Century Code is created and
12-enacted as follows:
13+SECTION 1. A new section to chapter 50-11 of the North Dakota Century Code is created
14+and enacted as follows:
1315 Substitute caregivers and respite care providers - Requirements.
1416 1.As used in this section:
15-a."Respite care provider" means an individual enrolled as a qualified service provider who
16-provides respite care to private pay adult residents in the absence of the provider.
17+a."Respite care provider" means an individual enrolled as a qualified service
18+provider who provides respite care to private pay adult residents in the absence
19+of the provider.
1720 b."Substitute caregiver" means an individual who meets qualified service provider
18-standards and provides respite care to private pay adult residents in the absence of the
19-provider.
20-2.The department may not limit the services of a substitute caregiver or a respite care provider
21-providing resident care on behalf of a foster home for adults to less than two hundred twenty
22-calendar days during the twenty-four-month period immediately following the renewal date of
23-the initial license or for less than one hundred ten calendar days during the twelve-month
24-period immediately following the date of the issuance of the initial license.
25-3.Unless a substitute caregiver or a respite care provider provided resident care on behalf of a
26-foster home for adults for more than twelve hours during a calendar day, the department may
27-not count the calendar day toward the limit determined by the department in accordance with
28-subsection 2.
21+standards and provides respite care to private pay adult residents in the absence
22+of the provider.
23+2.The department may not limit the services of a substitute caregiver or a respite care
24+provider providing resident care on behalf of a foster home for adults to less than
25+two hundred twenty calendar days during the twenty-four-month period immediately
26+following the renewal date of the initial license or for less than one hundred ten
27+calendar days during the twelve-month period immediately following the date of the
28+issuance of the initial license.
29+Page No. 1 25.0620.05000
30+ENGROSSED HOUSE BILL NO. 1460
31+FIRST ENGROSSMENT
32+with Conference Committee Amendments
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53+21 Sixty-ninth
54+Legislative Assembly
55+3.Unless a substitute caregiver or a respite care provider provided resident care on
56+behalf of a foster home for adults for more than twelve hours during a calendar day,
57+the department may not count the calendar day toward the limit determined by the
58+department in accordance with subsection 2.
2959 4.This section applies to private pay adult foster care providers.
30-SECTION 2. A new section to chapter 50-11 of the North Dakota Century Code is created and
31-enacted as follows:
32-Adult foster care providers - Temporary assistants - Permitted use of electronic device for
33-monitoring.
60+SECTION 2. A new section to chapter 50-11 of the North Dakota Century Code is created
61+and enacted as follows:
62+Adult foster care providers - Temporary assistants - Permitted use of electronic
63+device for monitoring.
3464 An adult foster care provider may:
35-1.E mploy a temporary assistant as needed to assist with private pay adult residents that have
36-physical limitations that require more than one provider to properly assist.
37-2.Use an electronic device for monitoring an otherwise unattended adult resident within a limited
38-range, which allows the provider to remain nearby while ensuring the safety of the resident.
39-Before implementing an electronic device for monitoring, the use of the device must be
40-approved in writing by the resident or, if the resident is incapacitated, a family member or legal
41-representative of the resident. H. B. NO. 1460 - PAGE 2
42-SECTION 3. LEGISLATIVE MANAGEMENT STUDY - LICENSING OF FOSTER HOMES FOR
43-ADULTS. During the 2025-26 interim, the legislative management shall consider studying the licensing
44-of foster homes for adults. The study must consider the barriers to receiving services for older adults
45-and adults with disabilities; regulatory restrictions that create challenges for facilities, providers, and
46-caregivers; and any funding or reimbursement limitations in federal and state law. The study must
47-include input from the department of health and human services, older adults and adults with disabilities
48-in need of services and their family members, residents and their family members, facilities, providers,
49-and caregivers. The legislative management shall report its findings and recommendations, together
50-with any legislation required to implement the recommendations, to the seventieth legislative assembly. H. B. NO. 1460 - PAGE 3
51-____________________________ ____________________________
52-Speaker of the House President of the Senate
53-____________________________ ____________________________
54-Chief Clerk of the House Secretary of the Senate
55-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
56-Assembly of North Dakota and is known on the records of that body as House Bill No. 1460.
57-House Vote: Yeas 91 Nays 1 Absent 2
58-Senate Vote:Yeas 47 Nays 0 Absent 0
59-____________________________
60-Chief Clerk of the House
61-Received by the Governor at ________M. on _____________________________________, 2025.
62-Approved at ________M. on __________________________________________________, 2025.
63-____________________________
64-Governor
65-Filed in this office this ___________day of _______________________________________, 2025,
66-at ________ o’clock ________M.
67-____________________________
68-Secretary of State
65+1.E mploy a temporary assistant as needed to assist with private pay adult residents that
66+have physical limitations that require more than one provider to properly assist.
67+2.Use an electronic device for monitoring an otherwise unattended adult resident within
68+a limited range, which allows the provider to remain nearby while ensuring the safety
69+of the resident. Before implementing an electronic device for monitoring, the use of the
70+device must be approved in writing by the resident or, if the resident is incapacitated, a
71+family member or legal representative of the resident.
72+SECTION 3. LEGISLATIVE MANAGEMENT STUDY - LICENSING OF FOSTER HOMES
73+FOR ADULTS. During the 2025-26 interim, the legislative management shall consider studying
74+the licensing of foster homes for adults. The study must consider the barriers to receiving
75+services for older adults and adults with disabilities; regulatory restrictions that create
76+challenges for facilities, providers, and caregivers; and any funding or reimbursement limitations
77+in federal and state law. The study must include input from the department of health and human
78+services, older adults and adults with disabilities in need of services and their family members,
79+residents and their family members, facilities, providers, and caregivers. The legislative
80+management shall report its findings and recommendations, together with any legislation
81+required to implement the recommendations, to the seventieth legislative assembly.
82+Page No. 2 25.0620.05000
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