All Roll Calls
Yes: 230 • No: 0
North DakotaHB 11092025 Regular SessionHouseWALLET
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.
Sponsored By: House Human Services
Became Law
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 5 benefits, 1 costs, 1 mixed.
State follows federal Medicaid rules
The department must follow federal requirements when needed to keep federal medical assistance money. If a state rule conflicts and would block federal funding, the department follows federal law instead. This protects Medicaid funding for services.
More Medicaid host homes and services
The department can buy residential care, treatment, training, and education from licensed or Medicaid providers using approved funds. It may set up a host home program for Medicaid‑eligible people with developmental disabilities. A host home is a family home that serves no more than two people who need out‑of‑home intensive support. The department and licensed providers may also seek private or government grants to support these services.
Who qualifies for developmental disability services
The law defines who is an individual with a developmental disability. The disability must start before age 22, likely continue, and limit at least three major life areas. The person must need long‑term, individually planned services.
Zoning protects small group homes
Licensed group homes for six or fewer people are allowed in single‑family or lowest‑density zones. Licensed group homes for eight or fewer people are allowed in higher‑density residential zones. Local rules that say otherwise do not apply.
Families still pay care costs
The law keeps existing rules on who pays for care. The person, their estate, or responsible relatives are still liable for costs under chapters 25‑04 or 50‑06.3. These payment rules continue to apply to services under this chapter.
Stronger oversight of disability providers
Provider agencies must be licensed each year. A license requires safe, sanitary premises, trained staff, meaningful activities, medical checks, and rule compliance. The department can inspect buildings and records, investigate complaints, and require a corrective action plan. If problems are not fixed on time, it can restrict or revoke the license. Before denial or revocation, the department must give written charges, and you have 10 days to request a hearing. A criminal record does not automatically bar a license; the department reviews whether the offense relates to the job or rehabilitation. Any entity serving people with developmental disabilities must be licensed as a provider agency.
Stronger privacy for client records
Records about eligible individuals are private. They can be shared only by court order, for law enforcement, or to agencies for treatment, payment, or health operations. Parents or legal guardians may get records. Limited genetic or genealogy information may be given to a fourth‑degree relative of a deceased eligible person.
Sponsors & Cosponsors
Sponsor
House Human Services
Affiliation unavailable
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 4/10/2025
Second reading, passed, yeas 92 nays 0, Emergency clause carried
Yes: 92 • No: 0
Senate vote • 3/10/2025
Second reading, passed, yeas 45 nays 0, Emergency clause carried
Yes: 45 • No: 0
House vote • 1/16/2025
Second reading, passed, yeas 93 nays 0
Yes: 93 • No: 0
Actions Timeline
Filed with Secretary Of State 04/23
4/25/2025HouseSigned by Governor 04/23
4/24/2025HouseSent to Governor
4/22/2025HouseSigned by Speaker
4/22/2025HouseSigned by President
4/21/2025SenateConference committee report adopted
4/16/2025SenateReported back from conference committee, placed on calendar (House accept)
4/11/2025SenateSecond reading, passed, yeas 92 nays 0, Emergency clause carried
4/10/2025HouseConference committee report adopted
4/10/2025HouseReported back from conference committee, placed on calendar (House accept)
4/3/2025HouseConference committee appointed Lee Weston Hogan
3/28/2025SenateConference committee appointed Rohr Davis Hendrix
3/19/2025HouseRefused to concur
3/19/2025HouseReturned to House (12)
3/11/2025HouseSecond reading, passed, yeas 45 nays 0, Emergency clause carried
3/10/2025SenateAmendment adopted, placed on calendar
3/7/2025SenateReported back amended, do pass, amendment placed on calendar 6 0 0
3/7/2025SenateCommittee Hearing 09:00
2/11/2025SenateIntroduced, first reading, referred Human Services Committee
2/5/2025SenateReceived from House
1/17/2025SenateSecond reading, passed, yeas 93 nays 0
1/16/2025HouseReported back, do pass, place on calendar 12 0 1
1/15/2025HouseCommittee Hearing 10:00
1/14/2025HouseIntroduced, first reading, referred Human Services Committee
1/7/2025House
Bill Text
Adopted by the Senate Human Services Committee
Enrollment
HOUSE BILL NO. 1109 with Senate Amendments
INTRODUCED
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