Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2305
(Senators Hogan, Cleary, Lee, Weston)
(Representative Dobervich)
AN ACT to amend and reenact section 50-24.1-47 of the North Dakota Century Code, relating to the
family paid caregiver service pilot project and the cross-disability advisory council; and to
provide an appropriation.
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 project - Report. (Contingent expiration date -
See note)
1.The department shall establishmanage and operate the family paid caregiver service pilot
project to assist in making paymentsmake payments 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 maymust 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 paid caregiver service
pilot project and establish the eligibility requirements and exclusions for the family paid
caregiver service pilot project. The department shall manage and operate the family paid
caregiver service pilot project in accordance with the adopted rules and within the limits of
legislative appropriation for the family paid 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 interests of the individual in need of care. The pilot project may not
provide a payment forneed for extraordinary care which must consider the unique needs and
circumstances of applicants including age, activities of daily living, medical needs, and social
emotional needs. The department may not make payments to a legally responsible individual
which duplicate any care that is otherwise compensated through a service or assistance
provided, administered, or supervised by the department, including Medicaid 1915(c) waiver
or the Medicaid state plan. A legally responsible individual shall attest on an annual basis that
the legally responsible individual agrees not to seek reimbursement for extraordinary care
through the family paid caregiver service pilot project on days when other 1915(c) waiver
services are paid by the department.
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 paid caregiver service pilot
project administered by the department due to the unavailability of funding received for the S. B. NO. 2305 - PAGE 2
purpose of issuing payments as part of the family paid 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 rate for family
caregiving in the home and community-based services aged and disabled waiver.
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 pilot project and future centers for Medicare and Medicaid services
children's cross-disability 1915(c) waiver. The council shall provide input into the development
of the assessment method used to determine the need for extraordinary care.
SECTION 2. APPROPRIATION - DEPARTMENT OF HEALTH AND HUMAN SERVICES -
ONE-TIME FUNDING - FAMILY PAID CAREGIVER SERVICE PILOT PROJECT. There is appropriated
out of any moneys in the general fund in the state treasury, not otherwise appropriated, the sum of
$7,300,000, or so much of the sum as may be necessary, to the department of health and human
services for the purpose of establishing and issuing payments as part of the family paid caregiver
service pilot project, for the biennium beginning July 1, 2025, and ending June 30, 2027. S. B. NO. 2305 - PAGE 3
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2305.
Senate Vote:Yeas 47 Nays 0 Absent 0
House Vote: Yeas 84 Nays 6 Absent 4
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State