25.0909.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Hogan, Cleary, Lee, Weston
Representative Dobervich
A BILL for an Act to amend and reenact section 50-24.1-47 of the North Dakota Century Code,
relating to the family paid caregiver service program and the cross-disability advisory council.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 50-24.1-47 of the North Dakota Century Code is
amended and reenacted as follows:
50-24.1-47. Family paid caregiver service pilot projectservices program - Report.
(Contingent expiration date - See note)
1.The department shall establish the family caregiver service pilot project to assist in
making paymentssubmit an amendment to all current Medicaid 1915(c) waivers and
those to be developed to provide payment for family caregiver services. The payment
must be made to a legally responsible individual who provides extraordinary care to an
eligible individual who is a participant in the Medicaid 1915(c) waivers, excluding the
home and community-based services aged and disabled waiver.
2.The family paid caregiver service pilot project mayprogram must include funding for
extraordinary care, which means care:
a.Exceeding the range of activities a legally responsible individual would ordinarily
perform in the household on behalf of an individual without extraordinary medical
or behavioral needs; and
b.Is necessary to assure the health and welfare and avoid institutionalization of the
individual in need of care.
3.The department may adopt rules addressing management of the family caregiver
service pilot project and establish the eligibility requirements and exclusions for the
family caregiver service pilot project. The department shall utilize an assessment of an
eligible individual to determine the level of care authorized and to determine the best
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interests of the individual in need of care. The pilot project may not provide a payment
for any care that is otherwise compensated through a Medicaid 1915(c) waiver or the
Medicaid state plan.
4.A decision on an application which is issued by the department under this section may
be appealed as provided under chapter 28-32. An individual may not appeal a denial,
a revocation, a reduction in payment, or the termination of the family caregiver service
pilot project administered by the department due to the unavailability of funding
received for the purpose of issuing payments as part of the family caregiver service
pilot project for the biennium.
5.The department shall provide the legislative management with periodic reports on the
impact, usage, and costs associated with the family caregiver service pilot projectA
payment under this section to a legally responsible individual must be commensurate
with the current self - directed support professional hourly wage.
4.When a family paid caregiver service program is available through a Medicaid-
approved home and community - based services waiver, the department shall use an
assessment to determine the level of care authorized which must consider the unique
needs and circumstances of all applicants including age, activities of daily living,
medical needs, and social emotional needs. The assessment must be evidence-
based. The family paid caregiver service program may not provide a payment for any
care that is otherwise compensated through a Medicaid 1915(c) waiver or the
Medicaid state plan.
5.A decision on an application which is issued by the department under this section may
be appealed as provided under chapter 28 - 32. An individual may not appeal a denial,
a revocation, a reduction in payment, or the termination of the family paid caregiver
service program administered by the department due to the unavailability of funding
received for the purpose of issuing payments as part of the family paid caregiver
service program.
6.The cross-disability advisory council under section 50 - 06 - 46 shall participate with and
provide feedback to the department on the planning, design, and ongoing
implementation of the family paid caregiver service program. The council shall provide
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input into the development of the assessment method used to determine the level of
care authorized for an individual.
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