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 care and services for individuals with developmental disabilities. It replaces older references to “treatment or care centers” with the broader term “provider agency,” updates definitions, and modernizes licensing standards, inspection authority, confidentiality rules, and revocation procedures. The bill also clarifies that the Department of Health and Human Services may require corrective action plans when a provider is out of compliance and may respond with a restricted license or revocation if deficiencies are not corrected.
The bill adds new authority for the department to purchase residential care, custody, treatment, training, and education services from provider agencies or Medicaid-enrolled providers, and it authorizes a host home program for Medicaid-eligible individuals needing out-of-home placement, habilitation, and support services. It also preserves the existing zoning protections for licensed group homes, making them permitted uses in certain residential zones, and it updates the receivership process for facilities whose licenses are revoked or whose operations threaten client health or safety. Finally, HB 1109 repeals chapter 25-18, which previously governed fee-for-service ratesetting for developmentally disabled facilities, and declares the act an emergency measure.
The bill’s impact on state law is substantial but largely structural and administrative: it reorganizes and modernizes chapter 25-16, shifts terminology to align with current service-delivery models, and gives the department clearer oversight tools over licensed providers. It also affects Medicaid-related service purchasing and host home placements, while maintaining confidentiality protections and due-process rights for providers facing denial or revocation of licensure. Repealing chapter 25-18 removes the prior ratesetting framework for developmentally disabled facilities.
The overall sentiment appears strongly supportive and noncontroversial. The bill passed both chambers unanimously, with 92-0 in the House and 45-0 in the Senate, and it was introduced at the request of the Department of Health and Human Services. The emergency clause and unanimous votes suggest broad agreement that the changes were needed promptly to update and streamline the state’s developmental disability service system.
The main points of contention, based on the text and voting record, are minimal. The bill does not show recorded opposition in committee or on the floor. The only potentially sensitive issues are the department’s expanded enforcement authority, including corrective action plans, restricted licenses, and revocation, as well as the repeal of the old fee-for-service ratesetting chapter; however, no explicit objections are reflected in the available materials.
HB 1109 amends and reorganizes North Dakota Century Code chapter 25-16 and related receivership provisions to regulate developmental disability residential services under a provider-agency model. It expands the Department of Health and Human Services’ licensing, inspection, corrective-action, and enforcement authority; preserves zoning protections for licensed group homes; authorizes state purchase of services and a host home program; updates confidentiality and receivership rules; and repeals chapter 25-18 governing fee-for-service ratesetting for developmentally disabled facilities.
The bill appears to have been viewed favorably and as a technical/administrative modernization measure rather than a controversial policy change. It passed both chambers unanimously, was requested by the Department of Health and Human Services, and was enacted as an emergency measure, all of which indicate broad legislative and executive support. No recorded opposition appears in the available committee or vote history.
No significant contention is evident in the available record. The most notable policy choices are the department’s expanded authority to require corrective action plans and impose restricted licenses or revocation, the repeal of the prior ratesetting chapter, and the authorization of a host home program and state service purchasing. These changes could affect providers and service delivery models, but the bill’s unanimous passage suggests any concerns were either resolved or not publicly raised.