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-25.0620.01000
+25.0620.03001
+Title.04000
+Adopted by the Senate Human Services
+Committee
 Sixty-ninth
+March 24, 2025
 Legislative Assembly
 of North Dakota
 Introduced by
 Representatives D. Anderson, Vollmer
 Senator Thomas
-A BILL for an Act to create and enact a new section to chapter 50-11 of the North Dakota
+A BILL for 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 to provide for a legislative management study.
+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.
 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
 SECTION 1. A new section to chapter 50-11 of the North Dakota Century Code is created
 and enacted as follows:
 Substitute caregivers and respite care providers - Requirements.
 1. As used in this section:
 a. "Respite care provider" means an individual enrolled as a qualified service
-provider who provides respite care to adult residents in the absence of the
-provider.
+provider who provides respite care to private pay adult residents in the absence
+of the provider.
 b. "Substitute caregiver" means an individual who meets qualified service provider
 standards and provides respite care to private pay adult residents in the absence
 of the provider.
 2. The department may not limit the services of a substitute caregiver or a respite care
 provider providing resident care on behalf of a foster home for adults to less than
-two     hundred seventy-two calendar days during the twenty-four-month period
-immediately following the renewal date of the initial license or for less than
-one     hundred thirty  -  six calendar days during the twelve-month period immediately
-following the date of the issuance of the initial license.
+two     hundred twenty calendar days during the twenty-four-month period immediately
+following the renewal date of the initial license or for less than one hundred ten
+Page No. 1 25.0620.03001
+ENGROSSED HOUSE BILL NO. 1460
+FIRST ENGROSSMENT
+PROPOSED AMENDMENTS TO
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+Sixty-ninth
+Legislative Assembly
+calendar days during the twelve-month period immediately following the date of the
+issuance of the initial license.
 3. Unless a substitute caregiver or a respite care provider provided resident care on
 behalf of a foster home for adults for more than twelve hours during a calendar day,
 the department may not count the calendar day toward the limit determined by the
 department in accordance with subsection     2.
-Page No. 1 25.0620.01000
- HOUSE BILL NO. 1460
-
+4. This section applies to private pay adult foster care providers.
+SECTION 2. A new section to chapter 50-11 of the North Dakota Century Code is created
+and enacted as follows:
+Adult foster care providers - Temporary assistants - Permitted use of electronic
+device for monitoring.
+An adult foster care provider may:
+1. E  mploy a temporary assistant as needed to assist with private pay adult residents that
+have physical limitations that require more than one provider to properly assist.
+2. Use   an electronic device   consisting of a one-way radio or video transmitter with a
+portable receiver   for monitoring an otherwise unattended   adult resident within a limited
+range, which allows the provider to remain nearby while ensuring the safety of the
+resident.   The  Before   implementing   an electronic device for monitoring, the   use of the
+device must be approved in writing by the   resident's  resident or, if the resident is
+incapacitated, a   family   member   or   legal representative   before implementation  of the
+resident  .
+      SECTION 3. LEGISLATIVE MANAGEMENT STUDY - LICENSING OF FOSTER HOMES
+FOR ADULTS. During the 2025-26 interim, the legislative management shall consider studying
+the licensing of foster homes for adults. The study must consider the barriers to receiving
+services for older adults and adults with disabilities; regulatory restrictions that create
+challenges for facilities, providers, and caregivers; and any funding or reimbursement limitations
+in federal and state law. The study must include input from the department of health and human
+services, older adults and adults with disabilities in need of services and their family members,
+residents and their family members, facilities, providers, and caregivers. The legislative
+management shall report its findings and recommendations, together with any legislation
+required to implement the recommendations, to the seventieth legislative assembly.
+Page No. 2 25.0620.03001
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-Sixty-ninth
-Legislative Assembly
-SECTION 2. LEGISLATIVE MANAGEMENT STUDY - LICENSING OF FOSTER HOMES
-FOR ADULTS. During the 2025-26 interim, the legislative management shall consider studying
-the licensing of foster homes for adults. The study must consider the barriers to receiving
-services for older adults and adults with disabilities; regulatory restrictions that create
-challenges for facilities, providers, and caregivers; and any funding or reimbursement limitations
-in federal and state law. The study must include input from the department of health and human
-services, older adults and adults with disabilities in need of services and their family members,
-residents and their family members, facilities, providers, and caregivers. The legislative
-management shall report its findings and recommendations, together with any legislation
-required to implement the recommendations, to the seventieth legislative assembly.
-Page No. 2 25.0620.01000
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