North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2113 Compare Versions

Version 1 (Old)

Version 2 (New)

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2	2		Sixty-ninth
3	3		Legislative Assembly
4	4		of North Dakota
5	5		Introduced by
6	6		Human Services Committee
7	7		(At the request of the Department of Health and Human Services)
8	8		A BILL for an Act to create and enact two new sections to chapter 50-06 of the North Dakota
9	9		Century Code, relating to certified community behavioral health clinics and the financing of
10	10		health and human services; to amend and reenact section 12.1-04-06, subsection 4 of section
11	11		20.1-03-04, sections 25-03.1-03.1 and 25-03.1-04, subsection 3 of section 25-03.1-08, section
12	12		25-03.1-10, subdivision b of subsection 2 of section 26.1-36-08, subdivisions c and d of
13	13		subsection 2 of section 26.1-36-09, subsection 9 of section 43-12.1-04, subsection 6 of section
14	14		43-41-02, subdivision b of subsection 1 of section 44-04-18.30, sections 50-06-01, 50-06-01.4,
15	15		50-06-01.7, 50-06-05.1, 50-06-05.2, 50-06-05.3, 50-06-05.4, 50-06-05.5, 50-06-06.2,
16	16		50-06-06.5, and 50-06-06.13, subsections 1 and 3 of section 50-06-15, sections 50-06-33 and
17	17		50-06-41.3, subsection 1 of section 50-06-42, subsection 1 of section 50-06-42.1, and sections
18	18		50-06-46, 50-06.2-01, 50-06.2-02, 50-06.2-03, 50-06.3-02, and 50-06.3-04 of the North Dakota
19	19		Century Code, relating to the powers and duties of the department of health and human
20		-	services and membership of the cross-disability advisory council; ~~and~~ to provide an ~~expiration~~
21		-	date.
	20	+	services and membership of the cross disability advisory council; to provide an appropriation;
	21	+	and to provide an expiration date.
22	22		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
23	23		SECTION 1. AMENDMENT. Section 12.1-04-06 of the North Dakota Century Code is
24	24		amended and reenacted as follows:
25	25		12.1-04-06. Temporary detention for purposes of examination.
26	26		Whenever there is reason to doubt the defendant's fitness to proceed, the court may order
27	27		temporary detention of the defendant for the purpose of an examination. The temporary
28	28		detention must be in the least restrictive appropriate setting, including the state hospital, the life
29	29		skills and transition center, or other suitable facility for a reasonable period, not to exceed thirty
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31	31		REENGROSSED SENATE BILL NO. 2113
32	32		FOURTH ENGROSSMENT
33		-	with House Amendments
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55	54		22 Sixty-ninth
56	55		Legislative Assembly
57	56		days, for such examination. In lieu of detention, the court may allow the defendant to remain in
58	57		the defendant's present residential setting or other suitable residential setting for the purpose of
59	58		examination, subject to any reasonable limitation the court may impose. A human service
60	59		centerstate-operated behavioral health clinic may be considered if the court is aware an inquiry
61	60		was made before the court ordered the evaluation to ensure appropriate resources exist at the
62	61		human service centerstate-operated behavioral health clinic being ordered to conduct the
63	62		examination. While the defendant is detained, the defendant's legal counsel, family, and others
64	63		necessary to assist in the defendant's case must have reasonable opportunity to examine and
65	64		confer with the defendant.
66	65		SECTION 2. AMENDMENT. Subsection 4 of section 20.1-03-04 of the North Dakota
67	66		Century Code is amended and reenacted as follows:
68	67		4.Life skills and transition center patients, North Dakota youth correctional center
69	68		students, school for the deaf students, North Dakota vision services - school for the
70	69		blind students, state hospital patients, clients of regional human service centersstate-
71	70		operated behavioral health clinics under direct therapeutic care, and residents of
72	71		facilities licensed by the department of health and human services may fish without a
73	72		resident fishing license. Patients of these institutions must be identified. The
74	73		department shall issue authority to each institution.
75	74		SECTION 3. AMENDMENT. Section 25-03.1-03.1 of the North Dakota Century Code is
76	75		amended and reenacted as follows:
77	76		25-03.1-03.1. Disclosure of health information.
78	77		A treating facility or mental health professional may disclose individually identifiable health
79	78		information to a court, regional human service centerstate-operated behavioral health clinic,
80	79		state's attorney, appointed counsel, retained counsel, or other mental health professional,
81	80		including an expert examiner, and the disclosure is a disclosure for treatment, including the
82	81		provision, coordination, and management of health care and to carry out the purposes of this
83	82		chapter.
84	83		SECTION 4. AMENDMENT. Section 25-03.1-04 of the North Dakota Century Code is
85	84		amended and reenacted as follows:
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117	116		25-03.1-04. Screening and admission to a public treatment facility.
118	117		Under rules adopted by the department, screening of an individual to a public treatment
119	118		facility for observation, diagnosis, care, or treatment for mental illness or a substance use
120	119		disorder must be performed, in person when reasonably practicable, by a regional human
121	120		service centerstate-operated behavioral health clinic. This screening must be performed in the
122	121		region where the individual is physically located. Upon the request of a court, a law enforcement
123	122		official, a mental health professional, the individual's legal guardian, a minor's parent or legal
124	123		custodian, or the individual requesting services, the regional human service centerstate-
125	124		operated behavioral health clinic shall conduct a screening. If a request for screening is made
126	125		by a mental health professional and the individual who is the subject of the screening does not
127	126		authorize the disclosure of the individual's protected health information, upon the request of the
128	127		regional human service centerstate-operated behavioral health clinic, any mental health
129	128		professional who treated the individual within the previous six months shall disclose, subject to
130	129		the requirements of title 42, Code of Federal Regulations, part 2, to the human service
131	130		centerstate-operated behavioral health clinic any relevant protected health information
132	131		regarding that treatment. Upon receipt of the request, the regional human service centerstate-
133	132		operated behavioral health clinic shall arrange for a screening of the individual and, if
134	133		appropriate, shall treat the applicant or refer the applicant to the appropriate treatment facility.
135	134		Upon admittance to a public treatment facility, the superintendent or director shall immediately
136	135		designate a tier 1 or tier 2 mental health professional to examine the individual.
137	136		SECTION 5. AMENDMENT. Subsection 3 of section 25-03.1-08 of the North Dakota
138	137		Century Code is amended and reenacted as follows:
139	138		3.In assisting the petitioner in completing the petition, the state's attorney may direct a
140	139		tier 1 or tier 2 mental health professional designated by the regional human service
141	140		centerstate-operated behavioral health clinic to investigate and evaluate the specific
142	141		facts alleged by the petitioner. The investigation must be completed as promptly as
143	142		possible and include observations of and conversation with the respondent, unless the
144	143		respondent cannot be found or refuses to meet with the mental health professional. A
145	144		written report of the results of the investigation must be delivered to the state's
146	145		attorney. Copies of the report must be made available upon request to the respondent,
147	146		the respondent's counsel, and any expert examiner conducting an examination under
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179	178		31 Sixty-ninth
180	179		Legislative Assembly
181	180		section 25-03.1-11. The state's attorney or retained attorney shall file the petition if the
182	181		information provided by the petitioner or gathered by investigation provides probable
183	182		cause to believe the subject of the petition is a person requiring treatment. A state's
184	183		attorney who determines there are insufficient grounds for filing a petition may refer
185	184		the individual to other community resources. A state's attorney's decision not to
186	185		institute proceedings may be reviewed under section 11-16-06.
187	186		SECTION 6. AMENDMENT. Section 25-03.1-10 of the North Dakota Century Code is
188	187		amended and reenacted as follows:
189	188		25-03.1-10. Involuntary treatment - Court-ordered examination.
190	189		If the petition is not accompanied by a written supportive statement of a tier 1 mental health
191	190		professional or a licensed addiction counselor who has examined the respondent within the last
192	191		forty-five days, the court shall order the respondent be examined by an expert examiner of the
193	192		respondent's own choice or one appointed by the court. The order must state the date and time
194	193		within which the respondent must appear; the address to which the respondent is to report; a
195	194		statement that if the respondent fails to appear at the appointed place at or before the ordered
196	195		date and time, the respondent may be involuntarily taken into custody and transported to the
197	196		appointed place; and a statement the expert examiner may consult with or request participation
198	197		in the examination by a mental health professional and may include with the written examination
199	198		report any findings or observations by that mental health professional. Accompanying the order
200	199		must be an explanation of the intended uses and possible effects of this examination. The
201	200		examination may be conducted at a treatment facility, at the respondent's home, or at any other
202	201		suitable place in the community. A request for examination at the state hospital must be
203	202		screened and approved by a regional human service centerstate-operated behavioral health
204	203		clinic. The respondent may be accompanied by one or more relatives or friends at the place of
205	204		the examination. The costs of the court-ordered examination must be borne by the county that
206	205		is the respondent's place of residence.
207	206		SECTION 7. AMENDMENT. Subdivision b of subsection 2 of section 26.1-36-08 of the
208	207		North Dakota Century Code is amended and reenacted as follows:
209	208		b.In the case of benefits provided for partial hospitalization, the benefits must be
210	209		provided for a minimum of one hundred twenty days of services covered under
211	210		this section and section 26.1-36-09 in any calendar year. Services provided
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245	244		under this subdivision must be provided by an addiction treatment program
246	245		licensed under chapter 50-31. For services provided in regional human service
247	246		centersstate-operated behavioral health clinics, charges must be reasonably
248	247		similar to the charges for care provided by hospitals as defined in this subsection.
249	248		SECTION 8. AMENDMENT. Subdivisions c and d of subsection 2 of section 26.1-36-09 of
250	249		the North Dakota Century Code are amended and reenacted as follows:
251	250		c.In the case of benefits provided for partial hospitalization, the benefits must be
252	251		provided for a minimum of one hundred twenty days of services covered under
253	252		this section and section 26.1-36-08 in any calendar year. Partial hospitalization
254	253		must be provided by a hospital as defined under section 52-01-01 and rules of
255	254		the department of health and human services pursuant thereto or by a regional
256	255		human service centerstate-operated behavioral health clinic licensed under
257	256		section 50-06-05.2, offering treatment for the prevention or cure of mental
258	257		disorder or other related illness. For services provided in regional human service
259	258		centersstate-operated behavioral health clinics, charges must be reasonably
260	259		similar to the charges for care provided by hospitals as defined in this subsection.
261	260		d.In the case of benefits provided for residential treatment, the benefits must be
262	261		provided for a minimum of one hundred twenty days of services covered under
263	262		this section in any calendar year. Residential treatment services must be
264	263		provided by a hospital as defined under section 52-01-01 and rules of the
265	264		department of health and human services; by a regional human service
266	265		centerstate-operated behavioral health clinic licensed under section 50-06-05.2
267	266		offering treatment for the prevention or cure of mental disorder or other related
268	267		illness; or by a residential treatment program. For services provided in a regional
269	268		human service centerstate-operated behavioral health clinic, charges must be
270	269		reasonably similar to the charges for care provided by a hospital as defined in
271	270		this subsection.
272	271		SECTION 9. AMENDMENT. Subsection 9 of section 43-12.1-04 of the North Dakota
273	272		Century Code is amended and reenacted as follows:
274	273		9.A person that provides medications, other than by the parenteral route:
275	274		a.Within a correctional facility, in compliance with section 12-44.1-29;
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309	308		b.Within a psychiatric residential treatment facility for children licensed under
310	309		chapter 25-03.2 and North Dakota Administrative Code chapter 75-03-17;
311	310		c.Within a treatment or care center for individuals with developmental disabilities
312	311		licensed under chapter 25-16;
313	312		d.Within a group home, a qualified residential treatment program, or an adult foster
314	313		care facility licensed under section 50-11-01;
315	314		e.Within the life skills and transition center, to the extent the individual who
316	315		provides medications is a direct training technician or a vocational training
317	316		technician as approved by the department of health and human services;
318	317		f.Within a human service centerstate-operated behavioral health clinic licensed
319	318		under chapter 50-06; or
320	319		g.Within a primary or secondary school under a program established under section
321	320		15.1-19-23 if the individual has received education and training in medication
322	321		administration and has received written consent of the student's parent or
323	322		guardian; or
324	323		h.Who is an employee of a qualified service provider agency who meets the criteria
325	324		set forth in subsection 2 of section 50-24.1-18.
326	325		SECTION 10. AMENDMENT. Subsection 6 of section 43-41-02 of the North Dakota
327	326		Century Code is amended and reenacted as follows:
328	327		6.This chapter does not prevent individuals with master's or doctoral degrees in the field
329	328		of counseling with specialization in mental health from serving as counselors or
330	329		therapists in mental health in state institutions or regional human service centersstate-
331	330		operated behavioral health clinics, if they do not hold themselves out to the public as
332	331		social workers.
333	332		SECTION 11. AMENDMENT. Subdivision b of subsection 1 of section 44-04-18.30 of the
334	333		North Dakota Century Code is amended and reenacted as follows:
335	334		b."Public social services agency" means a state, county, or local public agency that
336	335		provides human services, and includes regional human service centersstate-
337	336		operated behavioral health clinics, county social serviceshuman service zone
338	337		boards, multicounty social services districtshuman service zones, and the
339	338		department of health and human services.
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371	370		31 Sixty-ninth
372	371		Legislative Assembly
373	372		SECTION 12. AMENDMENT. Section 50-06-01 of the North Dakota Century Code is
374	373		amended and reenacted as follows:
375	374		50-06-01. Definitions.
376	375		As used in this chapter, unless the context otherwise requires:
377	376		1."Behavioral health" means the planning and implementation of preventive,
378	377		consultative, diagnostic, treatment, crisis intervention, rehabilitative, and suicide
379	378		prevention services for individuals with mental, emotional, or substance use disorders,
380	379		and psychiatric conditions.
381	380		2."Behavioral health provider" means any licensed or accredited behavioral health
382	381		provider in this state.
383	382		3."Certified community behavioral health clinic" means a private or public behavioral
384	383		health clinic or a state-operated behavioral health clinic designated by the department
385	384		to deliver a comprehensive range of mental health and substance use disorder
386	385		services in accordance with the certification criteria set forth by the department.
387	386		4."Department" means the department of health and human services.
388	387		4.5."Human services" means:
389	388		a.A service or assistance provided to an individual or an individual's family in need
390	389		of services or assistance, including child welfare services, economic assistance
391	390		programs, medical services programs, and aging services programs, to assist the
392	391		individual or the individual's family in achieving and maintaining basic
393	392		self-sufficiency, including physical health, mental health, education, welfare, food
394	393		and nutrition, and housing.
395	394		b.A service or assistance provided, administered, or supervised by the department
396	395		in accordance with chapter 50-06.
397	396		c.Licensing duties as administered or supervised by the department or delegated
398	397		by the department to a human service zone.
399	398		6."State-operated behavioral health clinic" means a department-operated behavioral
400	399		health clinic established under section 50 - 06 - 05.2.
401	400		SECTION 13. AMENDMENT. Section 50-06-01.4 of the North Dakota Century Code is
402	401		amended and reenacted as follows:
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435	434		50-06-01.4. Structure of the department.
436	435		1.The department includes the state hospital, the regional human service centersstate-
437	436		operated behavioral health clinics, a vocational rehabilitation unit, public health
438	437		division, and other units or offices and administrative and fiscal support services as the
439	438		commissioner of the department determines necessary. The department must be
440	439		structured to promote efficient and effective operations and, consistent with fulfilling its
441	440		prescribed statutory duties, shall act as the official agency of the state in the discharge
442	441		of the following functions not otherwise by law made the responsibility of another state
443	442		agency:
444	443		a.Administration of programs for children and families, including adoption services
445	444		and the licensure of child-placing agencies, foster care services and the licensure
446	445		of foster care arrangements, certification of shelter care services, child protection
447	446		services, children's trust fund, licensure of early childhood programs, refugee
448	447		services, in-home community-based services, quality control, and administration
449	448		of the interstate compacts on the placement of children and juveniles.
450	449		b.Administration of programs for individuals with developmental disabilities,
451	450		including licensure of facilities and services, the establishment funding for family
452	451		members and corporate guardianships, and the design and implementation of a
453	452		community-based service system for persons in need of habilitation.
454	453		c.Administration of aging service programs, including nutrition, transportation,
455	454		advocacy, social, ombudsman, recreation, and related services funded under the
456	455		Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], home and
457	456		community-based services, licensure of adult foster care homes, and the
458	457		committee on aging.
459	458		d.Administration of behavioral health programs, including reviewing and identifying
460	459		service needs and activities in the state's behavioral health system in an effort to
461	460		ensure health and safety, access to services, and quality of services; establishing
462	461		quality assurance standards for the licensure of substance use disorder program
463	462		services and facilities; providing policy leadership in partnership with public and
464	463		private entities; and providing chronic disease management, regional intervention
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497	496		services, and twenty-four-hour crisis services for individuals with behavioral
498	497		health disorders.
499	498		e.Administration of economic assistance programs, including temporary assistance
500	499		for needy families, the supplemental nutrition assistance program, home energy
501	500		assistance, child care assistance, refugee assistance, work experience, work
502	501		incentive, and quality control.
503	502		f.Administration of medical service programs, including medical assistance for
504	503		children's health insurance program, Medicaid waivers, early and periodic
505	504		screening, diagnosis and treatment, utilization control, autism services, and
506	505		claims processing.
507	506		g.Administration of general assistance.
508	507		h.Administration of child support.
509	508		i.Administration of program, services, and licensing outlined in title 23 and other
510	509		previous duties of the state department of health and state health council.
511	510		2.The commissioner of the department or commissioner's designee shall consult with
512	511		and maintain a close working relationship with the department of corrections and
513	512		rehabilitation and the superintendents of the school for the deaf and the North Dakota
514	513		vision services - school for the blind to develop programs for individuals with
515	514		developmental disabilities; and with the superintendent of public instruction to
516	515		maximize the use of resource persons in regional human service centersstate-
517	516		operated behavioral health clinics in the provision of special education services. The
518	517		commissioner of the department or commissioner's designee shall also maintain a
519	518		close liaison with human service zones.
520	519		3.By August 1, 2019, theThe department shall establish a template for the development
521	520		of human service zone plans, including process and content requirements, access
522	521		point expectations, client grievances procedures, human resources, and locally funded
523	522		programs or services and how those services will be addressed.
524	523		4.The department shall develop, with assistance from the North Dakota association of
525	524		counties, a process for consultation and technical assistance for human service zone
526	525		working groups by August 1, 2019.
527		-	Page No. 9 25.8094.~~06000~~
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557	556		30 Sixty-ninth
558	557		Legislative Assembly
559	558		SECTION 14. AMENDMENT. Section 50-06-01.7 of the North Dakota Century Code is
560	559		amended and reenacted as follows:
561	560		50-06-01.7. Behavioral health division - Administration - Fees.
562	561		1.The department shall administratively restructure the behavioral health division to
563	562		require the division to develop and revise, when necessary, the state mental health
564	563		plan and provide the behavioral health division the authority to implement and
565	564		supervise a unified mental health delivery system and to assure the mental health
566	565		services provided by the human service centersstate-operated behavioral health
567	566		clinics, the state hospital, and contracted services are in accordance with the state
568	567		plan.
569	568		2.The behavioral health division may establish nonrefundable application fees not to
570	569		exceed three hundred dollars for administration and enforcement of licensing and
571	570		certification activities. The department shall adopt rules as necessary to implement
572	571		this section. All fees collected under this section must be paid to the behavioral health
573	572		division and must be used to defray the cost of administering and enforcing licensing
574	573		and certification activities.
575	574		SECTION 15. AMENDMENT. Section 50-06-05.1 of the North Dakota Century Code is
576	575		amended and reenacted as follows:
577	576		50-06-05.1. Powers and duties of the department. (Effective through June 30, 2027)
578	577		The department has the following powers and duties to be administered by the department
579	578		through its state office or regional human service centersstate-operated behavioral health
580	579		clinics, human service zones, or otherwise as directed by the department:
581	580		1.To act as the official agency of the state in any social welfare or human service activity
582	581		initiated by the federal government not otherwise by law made the responsibility of
583	582		another state agency.
584	583		2.To administer, allocate, and distribute any state and federal funds that may be made
585	584		available for the purpose of providing financial assistance, care, and services to
586	585		eligible persons and families who do not have sufficient income or other resources to
587	586		provide a reasonable subsistence compatible with decency and health.
588	587		3.To provide preventive, rehabilitative, and other human services to help families and
589	588		individuals to retain or attain capability for independence or self-care.
590		-	Page No. 10 25.8094.~~06000~~
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621	620		31 Sixty-ninth
622	621		Legislative Assembly
623	622		4.To do needed research and study in the causes of social problems and to define
624	623		appropriate and effective techniques in providing preventive and rehabilitative
625	624		services.
626	625		5.To provide for the study, and to promote the well-being, of a child in need of protection,
627	626		a child in need of services, and delinquent children.
628	627		6.To provide for the placing and supervision of children in need of substitute parental
629	628		care, subject to the control of any court having jurisdiction and control of any such
630	629		child.
631	630		7.To recommend appropriate human services related legislation to the legislative
632	631		assembly.
633	632		8.To direct and supervise human service zone activities and administer a statewide
634	633		program for state-funded human services, staffing, and administration costs related to
635	634		the administration of human services.
636	635		9.To secure, hold, and administer for the purpose for which it is established any property
637	636		and any funds donated to it either by will or deed, or otherwise, or through court order
638	637		or otherwise available to the department, and to administer those funds or property in
639	638		accordance with the instructions in the instrument creating them or in accordance with
640	639		the instructions in the court order or otherwise.
641	640		10.To formulate standards and make appropriate inspections and investigations in
642	641		accordance with such standards in connection with all licensing activities delegated by
643	642		law to the department, including early childhood programs, nonmedical adult care
644	643		facilities and maternity homes, and persons or organizations receiving and placing
645	644		children, and to require those facilities, persons, and organizations to submit reports
646	645		and information as the department may determine necessary.
647	646		11.To permit the making of any surveys of human service needs and activities if
648	647		determined to be necessary.
649	648		12.To issue subpoenas, administer oaths, and compel attendance of witnesses and
650	649		production of documents or papers whenever necessary in making the investigations
651	650		provided for herein or in the discharge of its other duties. A subpoena may not be
652	651		issued to compel the production of documents or papers relating to any private
653	652		child-caring or child-placing agency or to compel the attendance as a witness of any
654		-	Page No. 11 25.8094.~~06000~~
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685	684		31 Sixty-ninth
686	685		Legislative Assembly
687	686		officer or employee of those facilities except upon the order of a judge of the district
688	687		court of the judicial district in which the facilities are located.
689	688		13.To provide insofar as staff resources permit appropriate human services, including
690	689		social histories, social or social-psychological evaluations, individual, group, family,
691	690		and marital counseling, and related consultation, when referred by self, parent,
692	691		guardian, human service zone, court, physician, or other individual or agency, and
693	692		when application is made by self (if an adult or emancipated youth), parent, guardian,
694	693		or agency having custody; also, on the same basis, to provide human services to
695	694		children and adults in relation to their placement in or return from the life skills and
696	695		transition center, state hospital, or North Dakota youth correctional center.
697	696		14.To provide insofar as staff resources permit social services, including
698	697		social-psychological evaluations, predisposition reports, treatment, and aftercare
699	698		services when requested by the judge of a juvenile court. A court order under section
700	699		27 - 20.3 - 09, 27 - 20.4 - 08, or 27 - 20.4 - 17 or pursuant to rules adopted by the judicial
701	700		branch regarding treatment, if available, at the state hospital or life skills and transition
702	701		center shall comply with the requirements set forth in chapters 25 - 03.1, 25 - 03.3, and
703	702		25 - 04.
704	703		15.To provide insofar as staff resources permit social services, including
705	704		social-psychological evaluations, predisposition reports, and treatment, when
706	705		requested by the judge in a criminal case. A court order under section 12.1 - 32 - 02 or
707	706		12.1 - 32 - 07 or pursuant to rules adopted by the judicial branch regarding treatment, if
708	707		available, at the state hospital or life skills and transition center shall comply with
709	708		requirements set forth in chapters 25 - 03.1, 25 - 03.3, and 25 - 04.
710	709		16.To act as the official agency of the state in the administration of the supplemental
711	710		nutrition assistance program and to direct and supervise human service zone
712	711		administration of that program. The department with the consent of the legislative
713	712		assembly or the budget section if the legislative assembly is not in session may
714	713		terminate the program if the rate of federal financial participation in administrative
715	714		costs provided under Public Law 93-347 is decreased or limited, or if the state or
716	715		counties become financially responsible for all or a portion of the coupon bonus
717	716		payments under the Food Stamp Act. Any request considered by the budget section
718		-	Page No. 12 25.8094.~~06000~~
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749	748		31 Sixty-ninth
750	749		Legislative Assembly
751	750		must comply with section 54-35-02.9. The department may not deny assistance under
752	751		the supplemental nutrition assistance program to any individual who has been
753	752		convicted of a felony offense that has as an element the possession, use, or
754	753		distribution of a controlled substance as defined in section 102(6) of the Controlled
755	754		Substances Act [21 U.S.C. 802(6)].
756	755		17.To administer, allocate, and distribute any funds made available for the making of
757	756		direct cash assistance payments, housing stabilization supports, and rental assistance
758	757		and to promote cooperation and working agreements with public agencies and
759	758		including the housing finance agency and department of commerce, and private
760	759		human service agencies.
761	760		18.To act as the official agency of the state in the administration of the home energy
762	761		assistance program; to direct and supervise human service zone administration of that
763	762		program; and to take such actions, give such directions, and adopt such rules, subject
764	763		to review in the courts of this state, as may be necessary or desirable to carry out this
765	764		subsection. For purposes of the administration of the energy assistance program,
766	765		funds are obligated at the earlier of the time a written commitment is made to pay a
767	766		vendor or contractor for services or supplies delivered or to be delivered, or at the time
768	767		payment is made to a vendor or contractor for services or supplies delivered or to be
769	768		delivered. The provisions of this subsection concerning obligation of funds apply to
770	769		payments and commitments made on or after July 1, 1991. The department with the
771	770		consent of the legislative assembly or the budget section if the legislative assembly is
772	771		not in session may terminate the program if the rate of federal financial participation in
773	772		administrative costs is decreased or limited to less than fifty percent of total
774	773		administrative costs, or if the state or counties become financially responsible for all or
775	774		a portion of the cost of energy assistance program benefits. Any request considered
776		-	by the budget section must comply with section 54-35-02.9.
	775	+	by the budget section must comply with section 54-35-02.9
777	776		19.To administer, allocate, and distribute any funds made available for the payment of the
778	777		cost of the special needs of any child under the age of twenty-one years, who is living
779	778		in an adoptive home and would probably go without adoption except for acceptance by
780	779		the adopted family, and whose adopted family does not have the economic ability and
781	780		resources, as established by the department, to take care of the special needs of the
782		-	Page No. 13 25.8094.~~06000~~
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813	812		31 Sixty-ninth
814	813		Legislative Assembly
815	814		child, including legal fees, maintenance costs, medical and dental expenses, travel
816	815		costs, and other costs incidental to the care of the child.
817	816		20.To exercise and carry out any other powers and duties granted the department under
818	817		state law.
819	818		21.To administer, allocate, and distribute any funds made available for the payment of
820	819		supervised independent living services, to develop standards regarding a supervised
821	820		independent living program, to approve supervised independent living services for the
822	821		purpose of providing foster care placement, and to apply for and administer federal
823	822		and other funds that may be made available to undertake any of the activities
824	823		described in this subsection.
825	824		22.With the approval of the governor, to lease or transfer use of any part of the life skills
826	825		and transition center facilities or properties, located in section thirteen, township one
827	826		hundred fifty-seven north, range fifty-three west, located in Walsh County, North
828	827		Dakota, to the federal government, or any public or private agency, organization, or
829	828		business enterprise, or any worthy undertaking, under the following provisions:
830	829		a.The department determines that the facility or property is not needed to serve
831	830		any present or reasonably foreseeable need of the life skills and transition center.
832	831		b.The transaction is exempt from the provisions of section 50-06-06.6.
833	832		c.The term of any lease may not exceed ninety-nine years.
834	833		d.All required legal documents, papers, and instruments in any transaction must be
835	834		reviewed and approved as to form and legality by the attorney general.
836	835		e.Any funds realized by any transaction must be deposited in the state's general
837	836		fund.
838	837		23.To act as a decedent's successor for purposes of collecting amounts due to the
839	838		department or human service zone, unless otherwise directed or determined by the
840	839		department. Any affidavit submitted by the department under section 30.1-23-01 must
841	840		conform to the requirements of that section except that the affidavit may state that
842	841		twenty days have elapsed since the death of the decedent.
843	842		24.To provide those services necessary for the department and for human service zones
844	843		to comply with the provisions of any law, rule, order, or regulation of the United States
845		-	Page No. 14 25.8094.~~06000~~
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875	874		30 Sixty-ninth
876	875		Legislative Assembly
877	876		or any federal agency or authority requiring civil service or merit standards or
878	877		classifications as a condition for providing funds administered by the department.
879	878		25.For purposes of administration of programs, and subject to legislative appropriation,
880	879		funds are obligated at the time a written commitment is made to pay a vendor or
881	880		contractor for services or supplies either delivered or to be delivered. This subsection
882	881		applies to payments and commitments made on or after January 1, 1997.
883	882		26.To determine eligibility for medical assistance and children's health insurance program
884	883		benefits when the department receives a joint application for these benefits.
885	884		27.To develop a system of services and supports to provide behavioral health services
886	885		and supports in the community for children at risk of or identified as having a
887	886		behavioral health condition and for the families of these children. This system must
888	887		include early intervention, treatment, and recovery services and supports and must
889	888		interface with, but not include, child protective services or juvenile court.
890	889		28.To provide resources on mental health awareness and suicide prevention to the
891	890		behavioral health resource coordinator at each public school and to the designated
892	891		individual at a nonpublic school. The resources must include information on identifying
893	892		warning signs, risk factors, and the availability of resources in the community, and also
894	893		must include an evidence-based, online virtual mental health and suicide prevention
895	894		simulation-based training program that incorporates hands-on practice, contextual
896	895		learning, and personalized feedback through interactive role-playing. The provisions of
897	896		chapter 54-44.4 do not apply to the online virtual mental health and suicide prevention
898	897		simulation-based training program under this subsection.
899	898		29.To administer, allocate, and distribute any funds made available for kinship care
900	899		services and payments and services in response to the federal Family First Prevention
901	900		Services Act as part of the Bipartisan Budget Act of 2018 [Pub. L. 115-123].
902	901		30.To contract with another human service zone or any other public or private person to
903	902		discharge any of the department's duties or exercise any of the department's powers
904	903		to administer human services.
905	904		31.To act on behalf of the department of public instruction to administer part B,
906	905		section 619 of the Individuals with Disabilities Education Act [Pub. L. 108-446; 229
907	906		Stat. 2647; 20 U.S.C. 1411 et seq.].
908		-	Page No. 15 25.8094.~~06000~~
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939	938		31 Sixty-ninth
940	939		Legislative Assembly
941	940		32.In the event of a disruption of operations, to provide meals at a fair value or without a
942	941		charge to employees of the department at the North Dakota state hospital, life skills
943	942		and transition center, and regional human service centersstate-operated behavioral
944	943		health clinics twenty-four hour staffed residential units as required by the job
945	944		assignments of the employees.
946	945		33.May pay a stipend, within the limit of legislative appropriation, to a recipient or a
947	946		provider of a recipient receiving assistance or services under any program
948	947		administered by or under the supervision and direction of the department to allow the
949	948		recipient or provider to serve on a council or board.
950	949		34.Notwithstanding any other requirements, to appeal an order of a judge of the district
951	950		court or juvenile court that orders the department to perform or provide a function,
952	951		service, or duty.
953	952		35.To require providers that receive funding from the department to submit process and
954	953		outcome measures to the department for programs and services supported by state
955	954		funding for the department to evaluate the administration of the programs and services
956	955		using the appropriation.
957	956		Powers and duties of the department. (Effective after June 30, 2027) The department
958	957		has the following powers and duties to be administered by the department through its state
959	958		office or regional human service centersstate-operated behavioral health clinics, human service
960	959		zones, or otherwise as directed by the department:
961	960		1.To act as the official agency of the state in any social welfare or human service activity
962	961		initiated by the federal government not otherwise by law made the responsibility of
963	962		another state agency.
964	963		2.To administer, allocate, and distribute any state and federal funds that may be made
965	964		available for the purpose of providing financial assistance, care, and services to
966	965		eligible persons and families who do not have sufficient income or other resources to
967	966		provide a reasonable subsistence compatible with decency and health.
968	967		3.To provide preventive, rehabilitative, and other human services to help families and
969	968		individuals to retain or attain capability for independence or self-care.
970		-	Page No. 16 25.8094.~~06000~~
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999	998		29 Sixty-ninth
1000	999		Legislative Assembly
1001	1000		4.To do needed research and study in the causes of social problems and to define
1002	1001		appropriate and effective techniques in providing preventive and rehabilitative
1003	1002		services.
1004	1003		5.To provide for the study, and to promote the well-being, of a child in need of protection,
1005	1004		a child in need of services, and delinquent children.
1006	1005		6.To provide for the placing and supervision of children in need of substitute parental
1007	1006		care, subject to the control of any court having jurisdiction and control of any such
1008	1007		child.
1009	1008		7.To recommend appropriate human services related legislation to the legislative
1010	1009		assembly.
1011	1010		8.To direct and supervise human service zone activities and administer a statewide
1012	1011		program for state-funded human services, staffing, and administration costs related to
1013	1012		the administration of human services.
1014	1013		9.To secure, hold, and administer for the purpose for which it is established any property
1015	1014		and any funds donated to it either by will or deed, or otherwise, or through court order
1016	1015		or otherwise available to the department, and to administer those funds or property in
1017	1016		accordance with the instructions in the instrument creating them or in accordance with
1018	1017		the instructions in the court order or otherwise.
1019	1018		10.To formulate standards and make appropriate inspections and investigations in
1020	1019		accordance with such standards in connection with all licensing activities delegated by
1021	1020		law to the department, including early childhood programs, nonmedical adult care
1022	1021		facilities and maternity homes, and persons or organizations receiving and placing
1023	1022		children, and to require those facilities, persons, and organizations to submit reports
1024	1023		and information as the department may determine necessary.
1025	1024		11.To permit the making of any surveys of human service needs and activities if
1026	1025		determined to be necessary.
1027	1026		12.To issue subpoenas, administer oaths, and compel attendance of witnesses and
1028	1027		production of documents or papers whenever necessary in making the investigations
1029	1028		provided for herein or in the discharge of its other duties. A subpoena may not be
1030	1029		issued to compel the production of documents or papers relating to any private
1031	1030		child-caring or child-placing agency or to compel the attendance as a witness of any
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1063	1062		31 Sixty-ninth
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1065	1064		officer or employee of those facilities except upon the order of a judge of the district
1066	1065		court of the judicial district in which the facilities are located.
1067	1066		13.To provide insofar as staff resources permit appropriate human services, including
1068	1067		social histories, social or social-psychological evaluations, individual, group, family,
1069	1068		and marital counseling, and related consultation, when referred by self, parent,
1070	1069		guardian, human service zone, court, physician, or other individual or agency, and
1071	1070		when application is made by self (if an adult or emancipated youth), parent, guardian,
1072	1071		or agency having custody; also, on the same basis, to provide human services to
1073	1072		children and adults in relation to their placement in or return from the life skills and
1074	1073		transition center, state hospital, or North Dakota youth correctional center.
1075	1074		14.To provide insofar as staff resources permit social services, including
1076	1075		social-psychological evaluations, predisposition reports, treatment, and aftercare
1077	1076		services when requested by the judge of a juvenile court. A court order under section
1078	1077		12.1 - 32 - 02 or 12.1 - 32 - 07 or pursuant to rules adopted by the judicial branch regarding
1079	1078		treatment, if available, at the state hospital or life skills and transition center shall
1080	1079		comply with requirements set forth in chapters 25 - 03.1, 25 - 03.3, and 25 - 04.
1081	1080		15.To provide insofar as staff resources permit social services, including
1082	1081		social-psychological evaluations, predisposition reports, and treatment, when
1083	1082		requested by the judge in a criminal case. A court order under section 12.1 - 32 - 02 or
1084	1083		12.1 - 32 - 07 or pursuant to rules adopted by the judicial branch regarding treatment, if
1085	1084		available, at the state hospital or life skills and transition center shall comply with
1086	1085		requirements set forth in chapters 25 - 03.1, 25 - 03.3, and 25 - 04.
1087	1086		16.To act as the official agency of the state in the administration of the supplemental
1088	1087		nutrition assistance program and to direct and supervise human service zone
1089	1088		administration of that program. The department with the consent of the legislative
1090	1089		assembly or the budget section if the legislative assembly is not in session may
1091	1090		terminate the program if the rate of federal financial participation in administrative
1092	1091		costs provided under Public Law 93-347 is decreased or limited, or if the state or
1093	1092		counties become financially responsible for all or a portion of the coupon bonus
1094	1093		payments under the Food Stamp Act. Any request considered by the budget section
1095	1094		must comply with section 54-35-02.9. The department may not deny assistance under
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1128	1127		Legislative Assembly
1129	1128		the supplemental nutrition assistance program to any individual who has been
1130	1129		convicted of a felony offense that has as an element the possession, use, or
1131	1130		distribution of a controlled substance as defined in section 102(6) of the Controlled
1132	1131		Substances Act [21 U.S.C. 802(6)].
1133	1132		17.To administer, allocate, and distribute any funds made available for the making of
1134	1133		direct cash assistance payments, housing stabilization supports, and rental assistance
1135	1134		and to promote cooperation and working agreements with public agencies and
1136	1135		including the housing finance agency and department of commerce, and private
1137	1136		human services agencies.
1138	1137		18.To act as the official agency of the state in the administration of the home energy
1139	1138		assistance program; to direct and supervise human service zone administration of that
1140	1139		program; and to take such actions, give such directions, and adopt such rules, subject
1141	1140		to review in the courts of this state, as may be necessary or desirable to carry out this
1142	1141		subsection. For purposes of the administration of the energy assistance program,
1143	1142		funds are obligated at the earlier of the time a written commitment is made to pay a
1144	1143		vendor or contractor for services or supplies delivered or to be delivered, or at the time
1145	1144		payment is made to a vendor or contractor for services or supplies delivered or to be
1146	1145		delivered. The provisions of this subsection concerning obligation of funds apply to
1147	1146		payments and commitments made on or after July 1, 1991. The department with the
1148	1147		consent of the legislative assembly or the budget section if the legislative assembly is
1149	1148		not in session may terminate the program if the rate of federal financial participation in
1150	1149		administrative costs is decreased or limited to less than fifty percent of total
1151	1150		administrative costs, or if the state or counties become financially responsible for all or
1152	1151		a portion of the cost of energy assistance program benefits. Any request considered
1153		-	by the budget section must comply with section 54-35-02.9.
	1152	+	by the budget section must comply with section 54-35-02.9
1154	1153		19.To administer, allocate, and distribute any funds made available for the payment of the
1155	1154		cost of the special needs of any child under the age of twenty-one years, who is living
1156	1155		in an adoptive home and would probably go without adoption except for acceptance by
1157	1156		the adopted family, and whose adopted family does not have the economic ability and
1158	1157		resources, as established by the department, to take care of the special needs of the
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1189	1188		30 Sixty-ninth
1190	1189		Legislative Assembly
1191	1190		child, including legal fees, maintenance costs, medical and dental expenses, travel
1192	1191		costs, and other costs incidental to the care of the child.
1193	1192		20.To exercise and carry out any other powers and duties granted the department under
1194	1193		state law.
1195	1194		21.To administer, allocate, and distribute any funds made available for the payment of
1196	1195		supervised independent living services, to develop standards regarding a supervised
1197	1196		independent living program, to approve supervised independent living services for the
1198	1197		purpose of providing foster care placement, and to apply for and administer federal
1199	1198		and other funds that may be made available to undertake any of the activities
1200	1199		described in this subsection.
1201	1200		22.With the approval of the governor, to lease or transfer use of any part of the life skills
1202	1201		and transition center facilities or properties, located in section thirteen, township one
1203	1202		hundred fifty-seven north, range fifty-three west, located in Walsh County, North
1204	1203		Dakota, to the federal government, or any public or private agency, organization, or
1205	1204		business enterprise, or any worthy undertaking, under the following provisions:
1206	1205		a.The department determines that the facility or property is not needed to serve
1207	1206		any present or reasonably foreseeable need of the life skills and transition center.
1208	1207		b.The transaction is exempt from the provisions of section 50-06-06.6.
1209	1208		c.The term of any lease may not exceed ninety-nine years.
1210	1209		d.All required legal documents, papers, and instruments in any transaction must be
1211	1210		reviewed and approved as to form and legality by the attorney general.
1212	1211		e.Any funds realized by any transaction must be deposited in the state's general
1213	1212		fund.
1214	1213		23.To act as a decedent's successor for purposes of collecting amounts due to the
1215	1214		department or human service zone, unless otherwise directed or determined by the
1216	1215		department. Any affidavit submitted by the department under section 30.1-23-01 must
1217	1216		conform to the requirements of that section except that the affidavit may state that
1218	1217		twenty days have elapsed since the death of the decedent.
1219	1218		24.To provide those services necessary for the department and for human service zones
1220	1219		to comply with the provisions of any law, rule, order, or regulation of the United States
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1251	1250		30 Sixty-ninth
1252	1251		Legislative Assembly
1253	1252		or any federal agency or authority requiring civil service or merit standards or
1254	1253		classifications as a condition for providing funds administered by the department.
1255	1254		25.For purposes of administration of programs, and subject to legislative appropriation,
1256	1255		funds are obligated at the time a written commitment is made to pay a vendor or
1257	1256		contractor for services or supplies either delivered or to be delivered. This subsection
1258	1257		applies to payments and commitments made on or after January 1, 1997.
1259	1258		26.To determine eligibility for medical assistance and children's health insurance program
1260	1259		benefits when the department receives a joint application for these benefits.
1261	1260		27.To develop a system of services and supports to provide behavioral health services
1262	1261		and supports in the community for children at risk of or identified as having a
1263	1262		behavioral health condition and for the families of these children. This system must
1264	1263		include early intervention, treatment, and recovery services and supports and must
1265	1264		interface with, but not include, child protective services or juvenile court.
1266	1265		28.To provide resources on mental health awareness and suicide prevention to the
1267	1266		behavioral health resource coordinator at each school. The resources must include
1268	1267		information on identifying warning signs, risk factors, and the availability of resources
1269	1268		in the community.
1270	1269		29.To administer, allocate, and distribute any funds made available for kinship care
1271	1270		services and payments and services in response to the federal Family First Prevention
1272	1271		Services Act as part of the Bipartisan Budget Act of 2018 [Pub. L. 115-123].
1273	1272		30.To contract with another human service zone or any other public or private person to
1274	1273		discharge any of the department's duties or exercise any of the department's powers
1275	1274		to administer human services.
1276	1275		31.To act on behalf of the department of public instruction to administer part B,
1277	1276		section 619 of the Individuals with Disabilities Education Act [Pub. L. 108-446; 229
1278	1277		Stat. 2647; 20 U.S.C. 1411 et seq.].
1279	1278		32.In the event of a disruption of operations, to provide meals at a fair value or without a
1280	1279		charge to employees of the department at the North Dakota state hospital, life skills
1281	1280		and transition center, and regional human service centersstate-operated behavioral
1282	1281		health clinics twenty-four hour staffed residential units as required by the job
1283	1282		assignments of the employees.
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1315	1314		31 Sixty-ninth
1316	1315		Legislative Assembly
1317	1316		33.May pay a stipend, within the limit of legislative appropriation, to a recipient or a
1318	1317		provider of a recipient receiving assistance or services under any program
1319	1318		administered by or under the supervision and direction of the department to allow the
1320	1319		recipient or provider to serve on a council or board.
1321	1320		34.Notwithstanding any other requirements, to appeal an order of a judge of the district
1322	1321		court or juvenile court that orders the department to perform or provide a function,
1323	1322		service, or duty.
1324	1323		35.To require providers that receive funding from the department to submit process and
1325	1324		outcome measures to the department for programs and services supported by state
1326	1325		funding for the department to evaluate the administration of the programs and services
1327	1326		using the appropriation for the program or service.
1328	1327		SECTION 16. AMENDMENT. Section 50-06-05.2 of the North Dakota Century Code is
1329	1328		amended and reenacted as follows:
1330	1329		50-06-05.2. Regional human service centersState-operated behavioral health clinics -
1331	1330		Licensure.
1332	1331		Human
1333	1332		1.Community-based behavioral health services must be delivered through regional
1334	1333		human service centersstate-operated behavioral health clinics in the areas designated
1335	1334		by the governor's executive order 1978-12 dated October 5, 1978. The department
1336	1335		shall request appropriations and resources sufficient for accreditation:
1337	1336		a.Accreditation and to ensure maintenance of the accreditation for the regional
1338	1337		human service centersstate-operated behavioral health clinics, including
1339	1338		associated facilities, by the council on accreditationthe social current or by a
1340	1339		similar national accrediting body accepted by the department; and
1341	1340		b.Certification as a certified community behavioral health clinic.
1342	1341		2.The regional human service centersstate-operated behavioral health clinics are
1343	1342		subject to licensing or certification by the department. The department may use the
1344	1343		accreditation as a basis for licensing in lieu of adopted rules for the operation of the
1345	1344		regional human service centersstate - operated behavioral health clinics . The
1346	1345		department shallmay adopt rules for the operation of the regional human service
1347	1346		centersstate-operated behavioral health clinics. A regional human service centerstate-
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1379	1378		31 Sixty-ninth
1380	1379		Legislative Assembly
1381	1380		operated behavioral health clinic may not operate without a license or certification
1382	1381		issued in accordance with this section or section 30 of this Act . Regional human
1383	1382		service centersState-operated behavioral health clinics are authorized to receive
1384	1383		federal and other funds available to finance, in whole or in part, the services and
1385	1384		operations of the centersstate-operated behavioral health clinics.
1386	1385		SECTION 17. AMENDMENT. Section 50-06-05.3 of the North Dakota Century Code is
1387	1386		amended and reenacted as follows:
1388	1387		50-06-05.3. Regional human service centersState-operated behavioral health clinics -
1389	1388		Powers - Duties - Human service advisoryAdvisory groups.
1390	1389		1.Regional human service centersState-operated behavioral health clinics shall provide
1391	1390		human services and assistance to all eligible individuals and families to help
1392	1391		individuals and families achieve or maintainsupport individuals in achieving social,
1393	1392		emotional, and economic self-sufficiency by providing human services and assistance
1394	1393		to:
1395	1394		a.Prevent, reduce, or eliminate dependencyBuild resilience, self-sufficiency, and
1396	1395		independence;
1397	1396		b.Prevent or reduce inappropriateSupport individuals to succeed in the least
1398	1397		restrictive environments, reduce the need for institutional care by providing for
1399	1398		care while institutionalized or providing foraccess to community-based orand
1400	1399		other forms of less restrictivesupportive services that span the continuum of care;
1401	1400		c.Secure referral or admission for institutional careFacilitate access to specialized
1402	1401		care when needed and coordinate timely referrals and transitions to appropriate
1403	1402		levels of care;
1404	1403		d.Provide outpatient diagnostic and treatment services; and
1405	1404		e.Provide rehabilitationrehabilitative and crisis services for patients withsupport for
1406	1405		individuals with mental health, emotional, or substance use disorders, an
1407	1406		intellectual disability, and other psychiatric conditions, particularly for those
1408	1407		patients who have received prior treatment in anchallenges, including those with
1409		-	complex needs, to promote continuity of care and successful ~~re-entry~~ from
	1408	+	complex needs, to promote continuity of care and successful reentry from
1410	1409		inpatient facilitysettings.
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1441	1440		30 Sixty-ninth
1442	1441		Legislative Assembly
1443	1442		2.Regional human service centersState-operated behavioral health clinics shall deliver
1444	1443		services in the manner prescribed by the department.
1445	1444		3.Regional human service centersState-operated behavioral health clinics may provide
1446	1445		behavioral health collaborative care and consultation services, including psychiatric
1447	1446		consultation, with private providers and correctional facility providers.
1448	1447		4.Each regional human service centerstate-operated behavioral health clinic must have
1449	1448		a human servicesbehavioral health clinic advisory group consisting of the human
1450	1449		service zone directors of the region served, the public health directors of the region
1451	1450		served, two current county commissioners appointed by the commissioner of the
1452	1451		department or the commissioner's designee, and five additional members appointed
1453	1452		by the commissioner of the department or the commissioner's designee. Each
1454	1453		behavioral health clinic advisory group member must be a resident of the region the
1455	1454		member is appointed to serve. The term of office for each appointed member is two
1456	1455		years and arranged so that the term of three of the appointed members expires at the
1457	1456		end of the first year and the term of the remaining four appointed members expires at
1458	1457		the end of the second year, except for those first members appointed, three members
1459	1458		shall serve a one-year term and four members shall serve a two-year term. The
1460	1459		commissioner of the department or the commissioner's designee shall select the
1461	1460		appointed members of each human servicebehavioral health clinic advisory group on
1462	1461		the basis of population of the counties in the region served by the regional human
1463	1462		service centerstate-operated behavioral health clinic. Each county in the region must
1464	1463		be represented by at least one member on the human servicebehavioral health clinic
1465	1464		advisory group. To the extent possible, appointed membership of the behavioral health
1466	1465		clinic advisory group must reflect regional interests in the fields of developmental
1467	1466		disabilities, social services, mental health, and substance use disorders. The
1468	1467		commissioner of the department or the commissioner's designee shall appoint a
1469	1468		chairman for each behavioral health clinic advisory group from the membership of the
1470	1469		behavioral health clinic advisory group. The commissioner of the department or the
1471	1470		commissioner's designee shall fill a vacancy occurring within ana behavioral health
1472	1471		clinic advisory group for other than the expiration of a term in the same manner as
1473	1472		original appointments, except that appointments must be made only for the unexpired
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1505	1504		31 Sixty-ninth
1506	1505		Legislative Assembly
1507	1506		term. The department shall compensate appointed members of a human
1508	1507		servicebehavioral health clinic advisory group at the rate of forty-five dollars per day,
1509	1508		not to exceed twenty-five days in any one year. The department also shall pay
1510	1509		members for mileage and actual expenses incurred in attending meetings and in the
1511	1510		performance of their official duties in the amounts provided by law for other state
1512	1511		officers.
1513	1512		SECTION 18. AMENDMENT. Section 50-06-05.4 of the North Dakota Century Code is
1514	1513		amended and reenacted as follows:
1515	1514		50-06-05.4. Duties of human servicebehavioral health clinic advisory groups.
1516	1515		Each human servicebehavioral health clinic advisory group of the regional human service
1517	1516		centersstate-operated behavioral health clinics shall perform the following duties:
1518	1517		1.Provide information to the department relative to needs assessment and the planning
1519	1518		and development of health and social resources for the effective and efficient delivery
1520	1519		of high-quality humanbehavioral health services fully accessible to all citizens.
1521	1520		2.Review services and programs provided by the regional human service centersstate-
1522	1521		operated behavioral health clinics and make periodic recommendations for
1523	1522		improvement in services, programs, or facilities.
1524	1523		3.Promote cooperation and working agreements with public agencies, including public
1525	1524		health and corrections and private human servicebehavioral health agencies.
1526	1525		4.Promote local and regional financing from public and private sources.
1527	1526		SECTION 19. AMENDMENT. Section 50-06-05.5 of the North Dakota Century Code is
1528	1527		amended and reenacted as follows:
1529	1528		50-06-05.5. Director of regional centerstate-operated behavioral health clinic -
1530	1529		Medical director.
1531	1530		Each regional human service centerstate-operated behavioral health clinic must be headed
1532	1531		by a regional director appointed by the commissioner of the department. The regionalstate-
1533	1532		operated behavioral health clinic director must be accountable to the commissioner of the
1534	1533		department or the commissioner's designee. Each regionalstate-operated behavioral health
1535	1534		clinic director may employ the staff necessary to discharge the center'sstate-operated
1536	1535		behavioral health clinic's responsibilities. A regionalstate-operated behavioral health clinic
1537	1536		director, subject to the approval of the commissioner of the department or the commissioner's
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1569	1568		31 Sixty-ninth
1570	1569		Legislative Assembly
1571	1570		designee, and within the limit of legislative appropriations, may make contractual arrangements
1572	1571		with public or private agencies or with individuals and organizations to discharge the regional
1573	1572		human service center'sstate-operated behavioral health clinic's service delivery responsibilities.
1574	1573		Each regional director shall hire a qualified medical professional who must be designated as the
1575	1574		medical director of the centerstate-operated behavioral health clinic. The medical director is
1576	1575		responsible for coordinating mental health and medically related services. The medical
1577	1576		director's position may be part time or full time as determined appropriate by the regionalstate-
1578	1577		operated behavioral health clinic director, with the concurrence of the commissioner of the
1579	1578		department or the commissioner's designee. As used in this section, "qualified medical
1580	1579		professional" means a board-eligible or board-certified psychiatrist, when such an individual can
1581	1580		be employed, and when this is not possible, an individual possessing at least a medical degree.
1582	1581		SECTION 20. AMENDMENT. Section 50-06-06.2 of the North Dakota Century Code is
1583	1582		amended and reenacted as follows:
1584	1583		50-06-06.2. Clinic services - Provider qualification - Utilization of federal funds.
1585	1584		Within the limits of legislative appropriation therefor and in accordance with rules
1586	1585		established by the department, the department may defray the costs of preventive diagnostic,
1587	1586		therapeutic, rehabilitative, or palliative items or services furnished medical assistance eligible
1588	1587		individuals by regional human service centersstate-operated behavioral health clinics or
1589	1588		designated behavioral health providers. Within the limits of legislative appropriations and to the
1590	1589		extent permitted by state and federal law and regulations established thereunder, it is the intent
1591	1590		of the legislative assembly that federal funds available under title XIX of the Social Security Act
1592	1591		[42 U.S.C. 1396 et seq.] be utilized to defray the costs of identifiable mental health clinic
1593	1592		services furnished eligible individuals in regional human service centersstate-operated
1594	1593		behavioral health clinics and that federal funds available under title XX of the Social Security Act
1595	1594		[42 U.S.C. 1397 et seq.] be utilized to defray the costs of identifiable human services furnished
1596	1595		to eligible individuals by human service zones and regional human service centersstate-
1597	1596		operated behavioral health clinics.
1598	1597		SECTION 21. AMENDMENT. Section 50-06-06.5 of the North Dakota Century Code is
1599	1598		amended and reenacted as follows:
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1629	1628		29 Sixty-ninth
1630	1629		Legislative Assembly
1631	1630		50-06-06.5. Continuum of services for individuals with serious and persistent mental
1632	1631		illness.
1633	1632		1.The department shall develop a plan for an integrated, multidisciplinary continuum of
1634	1633		services for individuals with serious and persistent mental illness. The continuum may
1635	1634		consist of an array of services provided by private mental health professionals, private
1636	1635		agencies, human service zones, regional human service centersstate-operated
1637	1636		behavioral health clinics, community-based residential care and treatment facilities,
1638	1637		and private and public inpatient psychiatric hospitals. When appropriate, access to the
1639	1638		continuum must be through regional human service centers. Within the limits of
1640	1639		legislative appropriations, the plan for a continuum may include:
1641	1640		a.Programs, and appropriate related facilities, to provide socialization skills.
1642	1641		b.Programs, and appropriate related facilities, to provide basic living skills.
1643	1642		c.Appropriate residential facilities and other housing options.
1644	1643		d.Appropriate training, placement, and support to enhance potential for
1645	1644		employment.
1646	1645		e.Appropriate delivery and control of necessary medication.
1647	1646		f.Appropriate economic assistance.
1648	1647		g.An inpatient facility with appropriate programs to respond to persons who require
1649	1648		hospitalization.
1650	1649		h.Peer and recovery support.
1651	1650		i.Crisis service that is available twenty-four hours a day seven days a week.
1652	1651		2.The continuum of care must provide that a person requiring treatment be submitted to
1653	1652		the least restrictive available conditions necessary to achieve the purposes of
1654	1653		treatment. The department shall ensure appropriate cooperation with human service
1655	1654		zones and private providers in achieving the continuum of care.
1656	1655		SECTION 22. AMENDMENT. Section 50-06-06.13 of the North Dakota Century Code is
1657	1656		amended and reenacted as follows:
1658	1657		50-06-06.13. Treatment services for children with serious emotional disorders.
1659	1658		1.The department shall establish a program to provide out-of-home treatment services
1660	1659		for a Medicaid-eligible child with a serious emotional disorder. The department may
1661	1660		not require a parent or legal guardian to transfer legal custody of the child in order to
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1691	1690		29
1692	1691		30
1693	1692		31 Sixty-ninth
1694	1693		Legislative Assembly
1695	1694		have the child placed in an out-of-home treatment program if the sole reason for the
1696	1695		placement is the need to obtain services for the child's emotional or behavioral
1697	1696		problems. With departmental approval, a parent with legal and physical custody or a
1698	1697		legal guardian of the child may obtain treatment services for the child through the
1699	1698		program. A parent without physical custody of a child, who disagrees with a child's
1700	1699		treatment under this section, may request a judicial determination regarding the child's
1701	1700		treatment.
1702	1701		2.The department may establish a program to prevent out-of-home placement for a
1703	1702		Medicaid-eligible child with a behavior health condition as defined in the "Diagnostic
1704	1703		and Statistical Manual of Mental Disorders", American psychiatric association, fifth
1705	1704		edition, text revision (2013).
1706	1705		SECTION 23. AMENDMENT. Subsections 1 and 3 of section 50-06-15 of the North Dakota
1707	1706		Century Code are amended and reenacted as follows:
1708	1707		1.Individually identifiable information concerning an individual applying for or receiving
1709	1708		assistance or services under any program administered by or under the supervision
1710	1709		and direction of the department is confidential, except that any such information,
1711	1710		including an individual's social security number, may be used and disclosed:
1712	1711		a.In the administration of any such program;
1713	1712		b.In accordance with a program's participation in the department's master client
1714	1713		index data matching system, unless prohibited by federal law;
1715	1714		c.As specifically authorized by the rules of the department; or
1716	1715		d.As permitted or required by other law; or
1717	1716		e.Notwithstanding confidentiality laws set forth in titles 14, 23, 25, 43, and 50 and
1718	1717		the department's rules, within and between the department's divisions to assist
1719	1718		with or to provide assistance or services under any program administered by or
1720	1719		under the supervision and direction of the department. The disclosure of
1721	1720		information under this subdivision must comply with applicable federal laws and
1722	1721		regulations.
1723	1722		3.As used in this section, "individually identifiable information" means information,
1724	1723		including an individual's name, address, telephone number, facsimile number, social
1725	1724		security number, electronic mail address, program identification number, protected
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1756	1755		30
1757	1756		31 Sixty-ninth
1758	1757		Legislative Assembly
1759	1758		health information, personally identifiable information, or any other unique identifying
1760	1759		number, characteristic, or code, as well as demographic information collected from an
1761	1760		individual, that:
1762	1761		a.Is created or received by the department; and
1763	1762		b.Relates to:
1764	1763		(1)The past, present, or future assistance or services applied for or received by
1765	1764		an individual under any program administered by or under the supervision
1766	1765		and direction of the department that identifies the individual or with respect
1767	1766		to which there is a reasonable basis to believe the information can be used
1768	1767		to identify the individual; or
1769	1768		(2)A report, or any other information obtained, concerning an applicant or a
1770	1769		provider of or an individual applying for or receiving assistance or services
1771	1770		under any program administered by or under the supervision and direction
1772	1771		of the department.
1773	1772		SECTION 24. AMENDMENT. Section 50-06-33 of the North Dakota Century Code is
1774	1773		amended and reenacted as follows:
1775	1774		50-06-33. Dementia care services.
1776	1775		As used in this section, "dementia" means the condition of an individual involving loss of
1777	1776		memory and impairment of cognitive functions severe enough to interfere with the individual's
1778	1777		daily life. The department shall contract with a private provider for a dementia care services
1779	1778		program in each area of the state served by a regional human service centerstate-operated
1780	1779		behavioral health clinic. The dementia care services must include:
1781	1780		1.Identifying available services within the region;
1782	1781		2.Providing information to medical professionals, law enforcement, and the public
1783	1782		regarding the symptoms of dementia, the benefits of early detection and treatment,
1784	1783		and the services available to individuals with dementia and their caregivers;
1785	1784		3.Assessing the needs of individuals with dementia and their caregivers;
1786	1785		4.Training care providers to manage and provide for the care of individuals with
1787	1786		dementia;
1788	1787		5.Providing consultation services to individuals with dementia and their caregivers; and
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1819	1818		30 Sixty-ninth
1820	1819		Legislative Assembly
1821	1820		6.Facilitating the referral of individuals with dementia and their caregivers to appropriate
1822	1821		care and support services.
1823	1822		SECTION 25. AMENDMENT. Section 50-06-41.3 of the North Dakota Century Code is
1824	1823		amended and reenacted as follows:
1825	1824		50-06-41.3. Behavioral health bed management system.
1826	1825		1.The department shall establish and maintain a behavioral health bed management
1827	1826		system to improve utilization of behavioral health bed capacity.
1828	1827		2.Public and private providers of residential or inpatient behavioral health services,
1829	1828		except the department of corrections and rehabilitation and geropsychiatric facilities,
1830	1829		shall participate in and report daily.
1831	1830		3.Geropsychiatric facilities shall participate in and report weekly and within forty - eight
1832	1831		hours of a bed becoming available.
1833	1832		4.Public and private providers of residential or inpatient behavioral health services
1834	1833		required to participate in and report to the department shall provide the information
1835	1834		and documentation necessary to maintain the behavioral health bed management
1836	1835		system in the form and manner prescribed by the department, unless otherwise
1837	1836		specified.
1838	1837		SECTION 26. AMENDMENT. Subsection 1 of section 50-06-42 of the North Dakota
1839	1838		Century Code is amended and reenacted as follows:
1840	1839		1.The department shall establish and administer, within the limits of legislative
1841	1840		appropriations, a voucher system to address underserved areas and gaps in the
1842	1841		state's substance abuse treatment system and to assist in the payment of addiction
1843	1842		treatment services provided by licensed substance abuse treatment programs,
1844	1843		excluding regional human service centersstate-operated behavioral health clinics and
1845	1844		hospital- or medical clinic-based programs for medical management of withdrawal. An
1846	1845		out-of-state licensed substance abuse treatment program located within a bordering
1847	1846		state may participate in the voucher program to serve an underserved area of this
1848	1847		state pursuant to the rules adopted by the department. The department shall develop
1849	1848		rules to include processes and requirements for an out-of-state provider to receive
1850	1849		reimbursement only for outpatient and community-based services upon a provider
1851	1850		completing an assessment of need and receiving approval from the department.
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1883	1882		31 Sixty-ninth
1884	1883		Legislative Assembly
1885	1884		SECTION 27. AMENDMENT. Subsection 1 of section 50-06-42.1 of the North Dakota
1886	1885		Century Code is amended and reenacted as follows:
1887	1886		1.A licensed substance abuse treatment program, excluding regional human service
1888	1887		centersstate-operated behavioral health clinics and hospital or medical clinic-based
1889	1888		programs for medical management of withdrawal, may apply for a competitive
1890	1889		substance use disorder treatment voucher system grant. A licensed substance abuse
1891	1890		treatment program is eligible for a one-time grant award. To receive a grant, a licensed
1892	1891		substance abuse treatment program shall:
1893	1892		a.Submit an application in the form and manner prescribed by the department;
1894	1893		b.Enter a grant agreement with the department;
1895	1894		c.Use grant funds for a licensed substance abuse treatment program with fewer
1896	1895		than seventeen beds in an underserved area, as determined by the department,
1897	1896		in the state's substance abuse treatment system;
1898	1897		d.Use the grant funds to support the provision of substance use disorder treatment
1899	1898		in underserved areas of the state's substance abuse treatment system;
1900	1899		e.Provide and disclose information needed to comply with the department's data
1901	1900		collection requirements; and
1902	1901		f.Operate in compliance with grant requirements.
1903	1902		SECTION 28. AMENDMENT. Section 50-06-46 of the North Dakota Century Code is
1904	1903		amended and reenacted as follows:
1905	1904		50-06-46. Cross-disability advisory council - Appointment - Duties. (Expired effective
1906	1905		August 1, 20252027)
1907	1906		1.The cross-disability advisory council shall participate with and provide feedback to the
1908	1907		department regarding the implementation, planning, and design of the cross-disability
1909	1908		children's waiver, level of care reform for the comprehensive developmental disabilities
1910	1909		Medicaid home and community-based waiver, and a service option that will allow
1911	1910		payment to a legally responsible individual who provides extraordinary care to an
1912	1911		eligible individual through the Medicaid 1915(c) waivers. This subsection does not
1913	1912		apply to the Medicaid 1915(c) home and community-based services aged and
1914	1913		disabled waivers.
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1945	1944		30 Sixty-ninth
1946	1945		Legislative Assembly
1947	1946		2.The department shall contract with a qualified, independent third party to facilitate and
1948	1947		provide support services to the council. The contracted facilitator and the department
1949	1948		shall appoint the cross-disability advisory council members in accordance with
1950	1949		subsection 3 and establish the length of member terms and the structure of the
1951	1950		cross-disability advisory council. A representative from the contracted facilitator shall
1952	1951		serve as the presiding officer of the advisory council.
1953	1952		3.The cross-disability advisory council consists of up to fifteen voting members. A
1954	1953		majority of the members of the council must be family members of individuals with a
1955	1954		disability, or must be who represent a broad range of disabilities and regions of the
1956	1955		state. The members are:
1957	1956		a.Two individuals with a disability, who receive Medicaid home and
1958	1957		community-based services. The remaining members of the council must be
1959	1958		appointed based on their professional subject matter expertise in or knowledge of
1960	1959		the needs and interests of individuals with disabilities. The council's membership
1961	1960		must represent different regions of the state and a broad range of disabilities that
1962	1961		pertain to the Medicaid home and community-based services.;
1963	1962		b.One individual with a developmental disability or who is Medicaid qualified, who
1964	1963		does not receive Medicaid home or community - based services;
1965	1964		c.Seven individuals that work with individuals with disabilities, individuals with
1966	1965		behavioral health needs, or individuals with fetal alcohol spectrum disorder;
1967	1966		d.One individual representing tribal communities, with a focus on disability
1968	1967		services;
1969	1968		e.Two individuals who are parents or guardians of children under the age of
1970	1969		eighteen with disabilities; and
1971	1970		f.Two individuals who are parents or guardians of individuals age eighteen or over
1972	1971		with disabilities.
1973	1972		4.Upon request of the department, state agency representatives shall participate with
1974	1973		the cross-disability advisory council in a nonvoting role.
1975	1974		4.5.The cross-disability advisory council shall meet at least quarterly and may appoint
1976	1975		subcommittees to address specific topics or disabilities, which may include autism
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1979	1978		2
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2005	2004		28
2006	2005		29
2007	2006		30 Sixty-ninth
2008	2007		Legislative Assembly
2009	2008		spectrum disorder, traumatic brain injury, and fetal alcohol spectrum disorder. A
2010	2009		majority of the voting members of the council constitutes a quorum.
2011	2010		5.6.The cross-disability advisory council shall:
2012	2011		a.Discuss strategies to address gaps or needs regarding individuals with
2013	2012		disabilities and Medicaid home and community-based services, including
2014	2013		eligibility of legally responsible individuals;
2015	2014		b.Provide for the active participation of stakeholders, including consumers and
2016	2015		providers; and
2017	2016		c.Receive information from the department and its consultants.
2018	2017		6.7.The cross-disability advisory council members, excluding the contracted facilitator, are
2019	2018		entitled to reimbursement from the department for travel and lodging at the same rate
2020	2019		as provided for state officers and employees.
2021	2020		SECTION 29. A new section to chapter 50-06 of the North Dakota Century Code is created
2022	2021		and enacted as follows:
2023	2022		Certified community behavioral health clinics - Rules.
2024	2023		1.To operate in this state, a certified community behavioral health clinic must be certified
2025	2024		by the department.
2026	2025		2.The department shall adopt rules for the certification of community behavioral health
2027	2026		clinics, including assessment of need in the proposed location.
2028	2027		3.The department may deny a request to become or revoke a certified community
2029	2028		behavioral health clinic's certification based on failure to comply with the rules adopted
2030	2029		by the department or deny a request to become a certified community behavioral
2031	2030		health clinic based on the assessment of need determination.
2032	2031		SECTION 30. A new section to chapter 50-06 of the North Dakota Century Code is created
2033	2032		and enacted as follows:
2034	2033		Financing of health and human services.
2035	2034		1.The powers and duties carried out by the department under this title may be financed
2036	2035		out of a special fund within the state treasury to be known as the health and human
2037	2036		services operating special fund;
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2067	2066		29 Sixty-ninth
2068	2067		Legislative Assembly
2069	2068		2.The commissioner of the department or the commissioner's designee and the state
2070	2069		treasurer shall deposit in the health and human services operating special fund, at
2071		-	such times as they may become available:
	2070	+	such times as they may become available;
2072	2071		a.All moneys received from any of the counties within the state;
2073	2072		b.All moneys received from the United States under the provisions of the Social
2074	2073		Security Act;
2075	2074		c.Such moneys as may be periodically required from legislative appropriations for
2076	2075		department purposes; and
2077	2076		d.All public moneys received from any other source.
2078	2077		3.Expenditures made under this title must be paid upon vouchers prepared by the office
2079	2078		of management and budget drawn on the state treasurer against the health and
2080	2079		human services operating special fund and signed by the state auditor and state
2081	2080		treasurer after approval by the office of management and budget. Expenditures to be
2082	2081		supported by itemized vouchers must be signed by the commissioner of the
2083	2082		department or by the commissioner's designee and certified to the office of
2084	2083		management and budget.
2085	2084		4.Any funds received from federal agencies must be deposited and disbursed as
2086	2085		provided and in accordance with Acts of Congress or the regulations of the federal
2087	2086		agencies from which the funds were received.
2088	2087		SECTION 31. AMENDMENT. Section 50-06.2-01 of the North Dakota Century Code is
2089	2088		amended and reenacted as follows:
2090	2089		50-06.2-01. Purpose - Interpretation.
2091	2090		It is the purpose of this chapter to establish a system for planning, coordinating, and
2092	2091		providing comprehensive human services administered by human service zones and human
2093	2092		service centersstate-operated behavioral health clinics. This chapter must be construed to
2094	2093		effectuate the following public purposes:
2095	2094		1.To help individuals or their families to achieve, maintain, or support the highest
2096	2095		attainable level of personal independence and economic self-sufficiency.
2097	2096		2.To prevent, remedy, or alleviate neglect, abuse, or exploitation of children and adults
2098	2097		unable to protect their own interests.
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2131	2130		3.To provide a continuum of community-based services adequate to appropriately
2132	2131		sustain individuals in their homes and in their communities and to delay or prevent
2133	2132		institutional care.
2134	2133		4.To preserve, rehabilitate, and reunite families.
2135	2134		5.To assist in securing referral or admission of individuals to institutional care when other
2136	2135		forms of care are not appropriate.
2137	2136		SECTION 32. AMENDMENT. Section 50-06.2-02 of the North Dakota Century Code is
2138	2137		amended and reenacted as follows:
2139	2138		50-06.2-02. Definitions.
2140	2139		As used in this chapter:
2141	2140		1."Comprehensive human services" means services included in the comprehensive
2142	2141		human services plan published by the state agency and human services required by
2143	2142		state law or state agency regulation or federal law or regulation as a condition for the
2144	2143		receipt of federal financial participation in programs administered under the provisions
2145	2144		of this title.
2146	2145		2."Family home care" means the provision of room, board, supervisory care, and
2147	2146		personal services to an eligible elderly or disabled person by the spouse or by one of
2148	2147		the following relatives, or the current or former spouse of one of the following relatives,
2149	2148		of the elderly or disabled person: parent, grandparent, adult child, adult sibling, adult
2150	2149		grandchild, adult niece, or adult nephew. The family home care provider need not be
2151	2150		present in the home on a twenty-four-hour basis if the welfare and safety of the client
2152	2151		is maintained.
2153	2152		3."Human service center" means a regional center established under section
2154	2153		50-06-05.3.
2155	2154		4."Human service zone" means a county or consolidated group of counties
2156	2155		administering human services within a designated area in accordance with an
2157	2156		agreement or plan approved by the state agency.
2158	2157		5.4."Human service zone plan" means the human service zone plan required by section
2159	2158		50-06.2-04.
2160	2159		6.5."Human services" means:
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2193	2192		a.A service or assistance provided to an individual or an individual's family in need
2194	2193		of services or assistance, including child welfare services, economic assistance
2195	2194		programs, medical service programs, and aging service programs, to assist the
2196	2195		individual or the individual's family in achieving and maintaining basic
2197	2196		self-sufficiency, including physical health, mental health, education, welfare, food
2198	2197		and nutrition, and housing.
2199	2198		b.A service or assistance provided, administered, or supervised by the department
2200	2199		in accordance with chapter 50-06.
2201	2200		c.Licensing duties as administered or supervised by the department or delegated
2202	2201		by the department to a human service zone.
2203	2202		7.6."Qualified service provider" means a human service zone or independent contractor
2204	2203		which agrees to meet standards for service and operations established by the state
2205	2204		agency.
2206	2205		8.7."State agency" means the department of health and human services.
2207	2206		8."State-operated behavioral health clinic" means a department-operated behavioral
2208	2207		health clinic established under section 50 - 06 - 05.2.
2209	2208		SECTION 33. AMENDMENT. Section 50-06.2-03 of the North Dakota Century Code is
2210	2209		amended and reenacted as follows:
2211	2210		50-06.2-03. Powers and duties of the state agency.
2212	2211		1.The state agency has the following powers or duties under this chapter:
2213	2212		1.a.To act as the official agency of the state in the administration of the human
2214	2213		services for individuals and families in conformity with state and federal
2215	2214		requirements.
2216	2215		2.b.To prepare, at least biennially, a comprehensive human services plan which
2217	2216		must:
2218	2217		a.(1)Include human services determined essential in effectuating the purposes of
2219	2218		this chapter.
2220	2219		b.(2)Detail the human services identified by the state agency for provision by
2221	2220		human service centers and the services which the human service zones
2222	2221		make available in approved human service zone plans as a condition for the
2223	2222		receipt of any funds allocated or distributed by the state agency.
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2257	2256		3.c.To make available, through human service zone or human service centersstate-
2258	2257		operated behavioral health clinics, any or all of the services set out in the
2259	2258		comprehensive human services plan on behalf of those individuals and families
2260	2259		determined to be eligible for those services under criteria established by the state
2261	2260		agency.
2262	2261		4.d.To supervise and direct the comprehensive human services administered by
2263	2262		human service zone and human service centersstate-operated behavioral health
2264	2263		clinics through standard-setting, technical assistance, approval of human service
2265	2264		zone and regional plans, preparation of the comprehensive human services plan,
2266	2265		evaluation of comprehensive human services, and distribution of public money
2267	2266		for services.
2268	2267		5.e.Within the limits of legislative appropriations and at rates determined payable by
2269	2268		the state agency, to pay qualified service providers, which meet standards for
2270	2269		services and operations, for the provision of the following services as defined in
2271	2270		the comprehensive human services plan which are provided to individuals who,
2272	2271		on the basis of functional assessments, income, and resources, are determined
2273	2272		eligible for the services in accordance with rules adopted by the state agency:
2274	2273		a.(1)Homemaker services;
2275	2274		b.(2)Chore services;
2276	2275		c.(3)Respite care;
2277	2276		d.(4)Home health aide services;
2278	2277		e.(5)Case management;
2279	2278		f.(6)Family home care;
2280	2279		g.(7)Personal attendant care;
2281	2280		h.(8)Adult family foster care; and
2282	2281		i.(9)Such other services as the state agency determines to be essential and
2283	2282		appropriate to sustain individuals in their homes and in their communities
2284	2283		and to delay or prevent institutional care.
2285	2284		6.f.To take actions, give directions, and adopt rules as necessary to carry out the
2286	2285		provisions of this chapter.
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2319	2318		2.For purposes of this chapter, resources do not include the individual's primary home
2320	2319		and the first fifty thousand dollars of liquid assets.
2321	2320		SECTION 34. AMENDMENT. Section 50-06.3-02 of the North Dakota Century Code is
2322	2321		amended and reenacted as follows:
2323	2322		50-06.3-02. Fees for services at regional centers.
2324	2323		The department may charge and collect fees and expenses for services provided through
2325	2324		its regional human service centersstate-operated behavioral health clinics, and may authorize
2326	2325		charging of fees for child support services. The department may establish fee scales which
2327	2326		recognize the service recipient's or responsible relative's ability to pay. The department shall
2328	2327		adopt such rules as are necessary to implement this chapter and to define terms used in this
2329	2328		chapter.
2330	2329		SECTION 35. AMENDMENT. Section 50-06.3-04 of the North Dakota Century Code is
2331	2330		amended and reenacted as follows:
2332	2331		50-06.3-04. Liability for payment.
2333	2332		The recipient, patient, recipient's or patient's estate, and recipient's or patient's spouse are
2334	2333		liable for fees and expenses for services rendered by the department, through its regional
2335	2334		human service centersstate-operated behavioral health clinics, and for care and treatment
2336	2335		expenses charged at the state hospital. The parents of a recipient or patient are responsible for
2337	2336		services, care, and treatment provided prior to the eighteenth birthday of the recipient or patient.
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	2337	+	SECTION 36. APPROPRIATION - DEPARTMENT OF HEALTH AND HUMAN SERVICES -
	2338	+	ONE-TIME FUNDING. There is appropriated out of any moneys in the general fund in the state
	2339	+	treasury, not otherwise appropriated, the sum of $150,000, or so much of the sum as may be
	2340	+	necessary, to the department of health and human services for the purpose of constructing
	2341	+	behavioral health clinic signage, for the biennium beginning July 1, 2025, and ending June 30,
	2342	+	2027. This funding is considered a one-time funding item.
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