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North Dakota Senate Bill SB2305

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2305 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-SENATE BILL NO. 2305
4-(Senators Hogan, Cleary, Lee, Weston)
5-(Representative Dobervich)
6-AN ACT to amend and reenact section 50-24.1-47 of the North Dakota Century Code, relating to the
7-family paid caregiver service pilot project and the cross-disability advisory council; and to
8-provide an appropriation.
1+25.0909.04000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Senators Hogan, Cleary, Lee, Weston
7+Representative Dobervich
8+A BILL for an Act to amend and reenact section 50-24.1-47 of the North Dakota Century Code,
9+relating to the family paid caregiver service pilot project and the cross-disability advisory
10+council; and to provide an appropriation.
911 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10-SECTION 1. AMENDMENT. Section 50-24.1-47 of the North Dakota Century Code is amended and
11-reenacted as follows:
12-50-24.1-47. Family paid caregiver service pilot project - Report. (Contingent expiration date -
13-See note)
14-1.The department shall establishmanage and operate the family paid caregiver service pilot
15-project to assist in making paymentsmake payments to a legally responsible individual who
16-provides extraordinary care to an eligible individual who is a participant in the Medicaid
17-1915(c) waivers, excluding the home and community-based services aged and disabled
18-waiver.
19-2.The family paid caregiver service pilot project maymust include funding for extraordinary care,
20-which means care:
21-a.Exceeding the range of activities a legally responsible individual would ordinarily perform
22-in the household on behalf of an individual without extraordinary medical or behavioral
23-needs; and
12+SECTION 1. AMENDMENT. Section 50-24.1-47 of the North Dakota Century Code is
13+amended and reenacted as follows:
14+50-24.1-47. Family paid caregiver service pilot project - Report. (Contingent
15+expiration date - See note)
16+1.The department shall establishmanage and operate the family caregiver service pilot
17+project to assist in making paymentsmake payments to a legally responsible individual
18+who provides extraordinary care to an eligible individual who is a participant in the
19+Medicaid 1915(c) waivers, excluding the home and community-based services aged
20+and disabled waiver.
21+2.The family paid caregiver service pilot project maymust include funding for
22+extraordinary care, which means care:
23+a.Exceeding the range of activities a legally responsible individual would ordinarily
24+perform in the household on behalf of an individual without extraordinary medical
25+or behavioral needs; and
2426 b.Is necessary to assure the health and welfare and avoid institutionalization of the
2527 individual in need of care.
26-3.The department may adopt rules addressing management of the family paid caregiver service
27-pilot project and establish the eligibility requirements and exclusions for the family paid
28-caregiver service pilot project. The department shall manage and operate the family paid
29-caregiver service pilot project in accordance with the adopted rules and within the limits of
30-legislative appropriation for the family paid caregiver service pilot project. The department
31-shall utilize an assessment of an eligible individual to determine the level of care authorized
32-and to determine the best interests of the individual in need of care. The pilot project may not
33-provide a payment forneed for extraordinary care which must consider the unique needs and
34-circumstances of applicants including age, activities of daily living, medical needs, and social
35-emotional needs. The department may not make payments to a legally responsible individual
36-which duplicate any care that is otherwise compensated through a service or assistance
37-provided, administered, or supervised by the department, including Medicaid 1915(c) waiver
38-or the Medicaid state plan. A legally responsible individual shall attest on an annual basis that
39-the legally responsible individual agrees not to seek reimbursement for extraordinary care
40-through the family paid caregiver service pilot project on days when other 1915(c) waiver
41-services are paid by the department.
42-4.A decision on an application which is issued by the department under this section may be
43-appealed as provided under chapter 28-32. An individual may not appeal a denial, a
44-revocation, a reduction in payment, or the termination of the family paid caregiver service pilot
45-project administered by the department due to the unavailability of funding received for the S. B. NO. 2305 - PAGE 2
46-purpose of issuing payments as part of the family paid caregiver service pilot project for the
47-biennium.
48-5.The department shall provide the legislative management with periodic reports on the impact,
49-usage, and costs associated with the family caregiver service pilot projectA payment under
50-this section to a legally responsible individual must be commensurate with the rate for family
51-caregiving in the home and community-based services aged and disabled waiver.
52-6.The cross-disability advisory council under section 50 - 06 - 46 shall participate with and provide
53-feedback to the department on the planning, design, and ongoing implementation of the family
54-paid caregiver service pilot project and future centers for Medicare and Medicaid services
55-children's cross-disability 1915(c) waiver. The council shall provide input into the development
56-of the assessment method used to determine the need for extraordinary care.
28+3.The department may adopt rules addressing management of the family paid caregiver
29+service pilot project and establish the eligibility requirements and exclusions for the
30+Page No. 1 25.0909.04000
31+REENGROSSED SENATE BILL NO. 2305
32+SECOND ENGROSSMENT
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54+22 Sixty-ninth
55+Legislative Assembly
56+family caregiver service pilot project. The department shall manage and operate the
57+family paid caregiver pilot project in accordance with the adopted rules and within the
58+limits of legislative appropriation for the family paid caregiver pilot project. The
59+department shall utilize an assessment of an eligible individual to determine the level
60+of care authorized and to determine the best interests of the individual in need of care.
61+The pilot project may not provide a payment forneed for extraordinary care which must
62+consider the unique needs and circumstances of applicants including age, activities of
63+daily living, medical needs, and social emotional needs. The department may not
64+make payments to a legally responsible individual which duplicate any care that is
65+otherwise compensated through a service or assistance provided, administered, or
66+supervised by the department, including Medicaid 1915(c) waiver or the Medicaid
67+state plan. A legally responsible individual shall attest on an annual basis that the
68+legally responsible individual agrees not to seek reimbursement for extraordinary care
69+through the family paid caregiver service pilot project on days when other 1915(c)
70+waiver services are paid by the department.
71+4.A decision on an application which is issued by the department under this section may
72+be appealed as provided under chapter 28-32. An individual may not appeal a denial,
73+a revocation, a reduction in payment, or the termination of the family caregiver service
74+pilot project administered by the department due to the unavailability of funding
75+received for the purpose of issuing payments as part of the family caregiver service
76+pilot project for the biennium.
77+5.The department shall provide the legislative management with periodic reports on the
78+impact, usage, and costs associated with the family caregiver service pilot projectA
79+payment under this section to a legally responsible individual must be commensurate
80+with the rate for family caregiving in the home and community-based services aged
81+and disabled waiver.
82+6.The cross-disability advisory council under section 50 - 06 - 46 shall participate with and
83+provide feedback to the department on the planning, design, and ongoing
84+implementation of the family paid caregiver service pilot project and future centers for
85+Medicare and Medicaid services children's cross-disability 1915(c) waiver. The council
86+Page No. 2 25.0909.04000
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116+30 Sixty-ninth
117+Legislative Assembly
118+shall provide input into the development of the assessment method used to determine
119+the need for extraordinary care .
57120 SECTION 2. APPROPRIATION - DEPARTMENT OF HEALTH AND HUMAN SERVICES -
58-ONE-TIME FUNDING - FAMILY PAID CAREGIVER SERVICE PILOT PROJECT. There is appropriated
59-out of any moneys in the general fund in the state treasury, not otherwise appropriated, the sum of
60-$7,300,000, or so much of the sum as may be necessary, to the department of health and human
61-services for the purpose of establishing and issuing payments as part of the family paid caregiver
62-service pilot project, for the biennium beginning July 1, 2025, and ending June 30, 2027. S. B. NO. 2305 - PAGE 3
63-____________________________ ____________________________
64-President of the Senate Speaker of the House
65-____________________________ ____________________________
66-Secretary of the Senate Chief Clerk of the House
67-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
68-Dakota and is known on the records of that body as Senate Bill No. 2305.
69-Senate Vote:Yeas 47 Nays 0 Absent 0
70-House Vote: Yeas 84 Nays 6 Absent 4
71-____________________________
72-Secretary of the Senate
73-Received by the Governor at ________M. on _____________________________________, 2025.
74-Approved at ________M. on __________________________________________________, 2025.
75-____________________________
76-Governor
77-Filed in this office this ___________day of _______________________________________, 2025,
78-at ________ o’clock ________M.
79-____________________________
80-Secretary of State
121+ONE-TIME FUNDING - FAMILY CAREGIVER SERVICE PILOT PROJECT. There is
122+appropriated out of any moneys in the general fund in the state treasury, not otherwise
123+appropriated, the sum of $7,300,000, or so much of the sum as may be necessary, to the
124+department of health and human services for the purpose of establishing and issuing payments
125+as part of the family paid caregiver service pilot project, for the biennium beginning July 1, 2025,
126+and ending June 30, 2027.
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