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HB 1460

Criminal procedure; fees; fines; court; sentencing; revolving fund; effective date.

2025 Regular Session Introduced by Todd Gollihare and 1 co-sponsor

Expands private-pay adult foster homes' staffing by allowing substitute caregivers/respite providers and limited consented electronic monitoring; mandates a legislative study.

Approved by Governor 05/28/2025
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Bill Summary · HB 1460

Summary — HB 1460 (North Dakota)

AN ACT to create and enact two new sections to chapter 50‑11 of the North Dakota Century Code — substitute caregiver and respite care provider requirements in foster homes for adults; permitted use of an electronic monitoring device by an adult foster care provider; and a legislative management study.

Main purpose

To increase flexibility for private‑pay adult foster homes in using substitute caregivers, respite providers, and temporary assistants; to permit limited electronic monitoring of residents with consent; and to require a Legislative Management study of adult foster home licensing and related barriers.

Key provisions

  • Definitions

    • “Respite care provider”: an individual enrolled as a qualified service provider who provides respite care to private‑pay adult residents in the provider’s absence.
    • “Substitute caregiver”: an individual who meets qualified service provider standards and provides respite care to private‑pay adult residents in the provider’s absence.

  • Limits on department restrictions for substitute/respite care services

    • The Department may not limit substitute caregivers or respite care providers to fewer than:
    • 220 calendar days during the 24‑month period immediately following the renewal date of the initial license; or
    • 110 calendar days during the 12‑month period immediately following issuance of the initial license.
    • A calendar day is not counted against those limits if the substitute/respite provider provided resident care for 12 hours or less during that day.

  • Temporary assistants and electronic monitoring (applies to private‑pay adult foster care providers)

    • Providers may employ a temporary assistant when residents’ physical limitations require more than one caregiver to assist properly.
    • Providers may use an electronic monitoring device (e.g., one‑way radio or video transmitter/receiver, or similar device) to monitor an otherwise unattended resident within a limited range, allowing the provider to remain nearby while ensuring safety.
    • Use of an electronic monitoring device must be approved in writing by the resident, or if the resident is incapacitated, by a family member or legal representative before implementation.

  • Legislative Management study

    • During the 2025–26 interim, Legislative Management shall consider a study of licensing for foster homes for adults, including:
    • Barriers to services for older adults and adults with disabilities;
    • Regulatory restrictions affecting facilities, providers, and caregivers;
    • Funding or reimbursement limitations in federal and state law;
    • Soliciting input from Department of Health and Human Services, affected adults and families, facilities, providers, and caregivers.
    • Findings and any recommended legislation must be reported to the Seventieth Legislative Assembly.

Who is affected

  • Private‑pay adult foster home providers and their residents.
  • Substitute caregivers and respite care providers who serve in adult foster homes.
  • Residents’ family members and legal representatives (consent role for monitoring devices).
  • Department responsible for licensing/oversight (administrative compliance).
  • Legislative Management (study responsibility).

Procedural / timeline status

  • Introduced: November 22, 2024 (as filed in the record).
  • Passed by the Sixty‑ninth Legislative Assembly (house and senate roll calls recorded).
  • Filed with Secretary of State: April 28, 2025. (Legislative actions show Governor signature and placement as Public Law 172.)
  • Study to be conducted during the 2025–26 interim with report to the Seventieth Legislative Assembly.

Potential impacts and considerations

  • Provides greater flexibility for coverage of resident care (more allowable days for substitutes/respite and exclusion of short‑duration days), which may help address staffing gaps and caregiver fatigue.
  • Authorizes use of limited electronic monitoring with required written consent; this balances safety options with privacy/consent safeguards but may raise privacy and data‑security considerations in practice.
  • Likely minimal direct fiscal impact to the State; implementation effects are primarily regulatory/administrative for licensing and consent procedures. The study will require Legislative Management resources during the 2025–26 interim.

Compiled from official sources — confirm details with the bill’s official record.

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