AN ACT to create and enact three new sections to chapter 25-16 of the North Dakota Century Code, relating to residential care and services for the developmentally disabled; to amend and reenact sections 25-16-01, 25-16-02, 25-16-03, 25-16-03.1, 25-16-04, 25-16-05, 25-16-06, 25-16-07, 25-16-08, 25-16-09, 25-16-12, 25-16-13, 25-16-14, 25-16.1-01, 25-16.1-02, 25-16.1-03, and 25-16.1-04 of the North Dakota Century Code, relating to developmental disability, residential care and services for the developmentally disabled, and receivers for developmentally disabled facilities; to repeal chapter 25-18 of the North Dakota Century Code, relating to fee for service ratesetting for developmentally disabled facilities; and to declare an emergency.
HB 1109 revises North Dakota’s laws governing residential services for people with developmental disabilities by replacing much of the older “treatment or care center” framework with the term and concept of a “provider agency.” It updates licensing, inspection, confidentiality, revocation, hearing, and recordkeeping provisions to reflect modern service delivery and to broaden the chapter beyond institutional-style facilities to community-based residential and support settings. The bill also adds new provisions authorizing corrective action plans, restricted licenses, and license revocation for noncompliance, and it expressly allows the Department of Health and Human Services to purchase residential care and establish a host home program for Medicaid-eligible individuals with developmental disabilities.
The bill also strengthens and clarifies zoning protections for group homes. It provides that licensed group homes serving six or fewer individuals with developmental disabilities must be treated as permitted uses in single-family or equivalent low-density residential zones, and homes serving eight or fewer individuals must be permitted in higher-density residential zones. In addition, it updates the receivership statute so the department may seek court appointment of a receiver when a provider agency’s license is revoked or when necessary to protect client health or safety, with the receiver empowered to operate the facility and correct unsafe conditions.
HB 1109 repeals chapter 25-18, which dealt with fee-for-service ratesetting for developmental disability facilities, and it declares an emergency, meaning the act takes effect immediately upon passage. Overall, the bill changes state law to align developmental disability services with a more community-based, Medicaid-integrated model and gives the department broader oversight and enforcement tools over licensed providers and residential programs.
The general sentiment around the bill appears strongly supportive and noncontroversial. It passed the House and Senate with unanimous or near-unanimous votes, including 93-0 in the House on second reading, 45-0 in the Senate on second reading, and 92-0 in a later House vote, indicating broad bipartisan agreement. The absence of recorded committee opposition or debate in the provided materials also suggests the bill was viewed as a technical and policy update rather than a contested measure.
Notable points of contention are not evident in the available record. The main policy choices embedded in the bill are the department’s expanded authority to require corrective action, restrict or revoke licenses, and use receiverships, along with the state’s ability to purchase services and operate a host home program. If any concerns existed, they likely would have centered on regulatory oversight, provider compliance burdens, or the shift away from the repealed fee-setting framework, but no opposition is reflected in the votes or transcript materials provided.
HB 1109 substantially revises chapter 25-16 and related receivership provisions in the North Dakota Century Code by modernizing terminology, licensing standards, enforcement mechanisms, and confidentiality rules for developmental disability residential services. It also repeals chapter 25-18, eliminating the prior fee-for-service ratesetting chapter for developmental disability facilities, and creates new statutory authority for corrective action plans, restricted licenses, host home services, and department-purchased residential supports. The bill affects the Department of Health and Human Services, licensed provider agencies, group homes, host homes, Medicaid-enrolled providers, individuals with developmental disabilities, and their families or guardians.
The bill’s reception was overwhelmingly positive. The recorded votes were unanimous or nearly unanimous in both chambers, and the bill moved through the process without any recorded dissent in the provided materials. That pattern suggests broad legislative agreement that the changes were needed to update and streamline the state’s developmental disability service system.
No significant contention is reflected in the provided record. The most consequential provisions are the department’s expanded oversight powers, the ability to impose corrective action or revoke licenses, the new host home program, and the zoning protections for group homes. Those provisions could have raised concerns about provider regulation, local land-use authority, or implementation costs, but the available votes and lack of transcript discussion indicate no visible organized opposition.