North DakotaHB 11092025 Regular SessionHouse

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

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Yearly licenses and safeguards for disability care

Effective upon enactment, North Dakota requires disability service agencies to renew their licenses each year. Standards cover safe buildings, trained staff, meaningful activities, education, and arrangements for medical and psychological exams. The state can inspect buildings and records, require fixes, limit services or occupancy, and deny, suspend, or revoke licenses. Providers retain hearing rights; a criminal conviction alone does not automatically bar licensing. After license revocation or an operator’s request, the state can seek a court-appointed receiver to run the agency. The court must find a serious threat to clients’ health or safety—not just a lost license or certification. The receiver uses agency income and assets to operate and address dangers, but cannot liquidate assets. Receivership ends when conditions are corrected, licensing is restored, or the agency closes with clients safely served elsewhere.

Residential options for people with disabilities

A licensed group home serving six or fewer people must be allowed in single-family or equivalent lowest-density residential zones. One serving eight or fewer must be allowed in higher-density residential zones. A group home houses more than three people with developmental disabilities. The state may also establish a host home program for Medicaid-eligible people with developmental disabilities. Host homes serve no more than two people needing out-of-home placement for intensive care and support.

Privacy rules for disability care records

Provider agencies and their staff must keep eligible individuals’ records confidential, except for disclosures the law allows. Agencies serving eligible individuals can receive records for treatment, payment, or health care operations that coordinate services. Other exceptions cover courts, law enforcement, parents or guardians, and specified relatives or disclosures involving deceased individuals. Relevant genetic information can also be shared for treatment or family health as the law allows.

Disability care funding and payment changes

The law repeals the fee-for-service rate-setting chapter for developmental-disability facilities, without specifying replacement rates or payment amounts. The state may purchase residential care and related services from provider agencies or Medicaid-enrolled providers. The state and providers may also seek private and government grants for care, treatment, training, and education. Individuals, their estates, or responsible relatives remain responsible for care costs under existing state law. The department must follow federal requirements over conflicting state rules when necessary to secure federal Medicaid funding.

Sponsors & Cosponsors

Sponsor

  • House Human Services

    Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 230 • No: 0

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

  1. Filed with Secretary Of State 04/23

    4/25/2025House
  2. Signed by Governor 04/23

    4/24/2025House
  3. Sent to Governor

    4/22/2025House
  4. Signed by Speaker

    4/22/2025House
  5. Signed by President

    4/21/2025Senate
  6. Conference committee report adopted

    4/16/2025Senate
  7. Reported back from conference committee, placed on calendar (House accept)

    4/11/2025Senate
  8. Second reading, passed, yeas 92 nays 0, Emergency clause carried

    4/10/2025House
  9. Conference committee report adopted

    4/10/2025House
  10. Reported back from conference committee, placed on calendar (House accept)

    4/3/2025House
  11. Conference committee appointed Lee Weston Hogan

    3/28/2025Senate
  12. Conference committee appointed Rohr Davis Hendrix

    3/19/2025House
  13. Refused to concur

    3/19/2025House
  14. Returned to House (12)

    3/11/2025House
  15. Second reading, passed, yeas 45 nays 0, Emergency clause carried

    3/10/2025Senate
  16. Amendment adopted, placed on calendar

    3/7/2025Senate
  17. Reported back amended, do pass, amendment placed on calendar 6 0 0

    3/7/2025Senate
  18. Committee Hearing 09:00

    2/11/2025Senate
  19. Introduced, first reading, referred Human Services Committee

    2/5/2025Senate
  20. Received from House

    1/17/2025Senate
  21. Second reading, passed, yeas 93 nays 0

    1/16/2025House
  22. Reported back, do pass, place on calendar 12 0 1

    1/15/2025House
  23. Committee Hearing 10:00

    1/14/2025House
  24. Introduced, 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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