AN ACT to amend and reenact subsection 1 of section 23-09.3-01.1 and subsection 1 of section 23-16-01.1 of the North Dakota Century Code, relating to the moratorium on basic care and nursing facility bed capacity.
HB1154 extends North Dakota’s moratorium on adding licensed basic care beds and nursing facility beds to the state’s capacity. The bill changes the moratorium period from August 1, 2023–July 31, 2025 to August 1, 2025–July 31, 2029 for both basic care and nursing facility beds. It preserves existing exceptions that allow new capacity in limited circumstances, including conversion of nursing facility beds to basic care, transfer of bed capacity under existing law, demonstrated lack of available services in a designated area, high occupancy within a 50-mile radius, or direct approval by the Department of Health and Human Services.
The bill also keeps restrictions on reconfiguring nursing facility bed capacity, including limits on how often a facility may delicense, relicense, convert, revert, or otherwise reconfigure beds within a 12-month period. For approved new basic care beds, the entity must license the beds within 48 months of approval. Overall, the measure maintains state control over long-term care bed growth while allowing targeted exceptions where access problems or service shortages are shown.
HB1154 amends sections 23-09.3-01.1 and 23-16-01.1 of the North Dakota Century Code, extending the state’s long-standing bed-capacity moratorium for basic care and nursing facilities. It affects providers seeking to expand, convert, or reconfigure licensed long-term care beds, and it preserves the department’s authority to approve limited exceptions based on access, occupancy, or program participation. The bill primarily impacts nursing homes, basic care facilities, regulators, and communities facing long-term care shortages.
The bill appears to have broad legislative support, passing the House 69-20 and the Senate 46-1. That vote pattern suggests general agreement with continuing the moratorium and the state’s oversight of long-term care bed growth. The lack of committee transcript material limits insight into detailed debate, but the strong margins indicate the measure was viewed favorably overall.
The main point of contention is likely the balance between restricting new bed capacity and allowing exceptions for communities with unmet need. Supporters appear to favor maintaining statewide planning and preventing overexpansion, while opponents may be concerned that extending the moratorium could limit access to basic care or nursing facility services in underserved areas. The bill’s exception process, especially the department’s discretion to approve new beds and the preference for entities participating in Medicaid-related programs, is another likely area of policy debate.