AN ACT to create and enact two new sections to chapter 50-11 of the North Dakota Century Code, relating to substitute caregiver and respite care provider requirements in foster homes for adults and the permitted use of an electronic monitoring device by an adult foster care provider; and to provide for a legislative management study.
HB 1460 creates two new sections in North Dakota law governing adult foster homes, with a focus on private-pay residents. First, it sets minimum thresholds for how long substitute caregivers and respite care providers may cover resident care during a licensing period, and it limits when the Department may count a day toward those service limits. The bill defines these caregivers as qualified service providers and applies the rule specifically to private-pay adult foster care providers.
Second, the bill authorizes adult foster care providers to use temporary assistants when residents have physical limitations requiring more than one provider, and it permits the use of an electronic monitoring device for an otherwise unattended adult resident within a limited range so the provider can remain nearby while ensuring safety. Use of the monitoring device must be approved in writing by the resident, or by a family member or legal representative if the resident is incapacitated.
The bill also directs the Legislative Management to study the licensing of foster homes for adults during the 2025-26 interim. That study is required to examine barriers to services for older adults and adults with disabilities, regulatory restrictions affecting facilities and caregivers, and federal and state funding or reimbursement limitations, with input from affected residents, families, providers, caregivers, and the Department of Health and Human Services.
In terms of legal impact, HB 1460 would amend chapter 50-11 of the North Dakota Century Code by adding new operational standards for adult foster care providers and by creating a formal interim study on licensing policy. It would affect private-pay adult foster homes, substitute caregivers, respite care providers, residents, and their families, while also potentially informing future legislation through the study’s findings and recommendations.
The overall sentiment appears strongly supportive and noncontroversial. The bill passed the House 91-1 and the Senate 47-0, indicating broad bipartisan agreement. No committee testimony or recorded debate is provided, but the near-unanimous votes suggest the measure was viewed as a practical response to caregiving needs and provider flexibility in adult foster care.
HB 1460 adds new provisions to chapter 50-11 of the North Dakota Century Code regulating private-pay adult foster homes. It establishes limits and counting rules for substitute caregivers and respite care providers, authorizes temporary assistants for residents with greater physical assistance needs, and permits monitored use of electronic devices with required consent. It also mandates a legislative management study on adult foster home licensing, which could lead to future statutory or regulatory changes affecting providers, residents, and reimbursement policy.
The bill appears to have been received very positively. It passed both chambers with overwhelming support—91-1 in the House and 47-0 in the Senate—suggesting broad consensus that the bill addresses practical caregiving and safety issues in adult foster care. The absence of recorded committee controversy or opposition in the provided materials reinforces the impression that the measure was largely seen as a straightforward improvement to existing law.
No major points of contention are evident in the provided record. The only possible areas of policy sensitivity are the bill’s allowance for electronic monitoring of adult residents, which raises privacy and consent considerations, and the study’s focus on regulatory restrictions and reimbursement limits, which could implicate broader debates over licensing burdens and funding. However, the vote totals suggest these issues did not generate significant opposition among legislators.