23.8057.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2052
of North Dakota
Introduced by
Human Services Committee
(At the request of the Department of Health and Human Services)
1 A BILL for an Act to amend and reenact sections 25-01-03, 25-04-00.1, 25-04-01, 25-04-02,
2 25-04-02.1, 25-04-04, 25-04-04.1, 25-04-05, 25-04-05.1, 25-04-06, 25-04-08, 25-04-08.1,
3 25-04-11, 25-04-11.1, 25-04-11.2, 25-04-14, 25-04-15, 25-04-16, 25-04-17, and 25-04-19, and
4 subsection 3 of section 54-44.3-20 of the North Dakota Century Code, relating to the operation
5 of the life skills and transition center and life skills and transition center's superintendent's
6 employment, roles, and duties.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Section 25-01-03 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 25-01-03. Supervising officer to appoint superintendent of institutions - Salaries -
11 Removal.
12 1. The supervising officer shall appoint a superintendent for each of the institutions under
13 its control, except for the state hospital, where the supervising officer shall appoint a
14 superintendent in consultation with a state hospital governing body.
15 2. The tenure of office of each superintendent is two years from the date of the
16 superintendent's appointment, and the superintendent must possess qualifications
17 required by this title. Any superintendent may be removed by the supervising officer for
18 misconduct, neglect of duty, incompetency, or other proper cause showing the
19 superintendent's inability or refusal properly to perform the duties of office. A removal
20 at a time other than a termination of the superintendent's two-year tenure may be had
21 only after an opportunity is given to the person to be heard before a board consisting
22 of the governor, attorney general, and supervising officer of the institution on preferred
23 written charges. A removal when made, however, is final. This subsection does not
24 apply to the superintendent of the life skills and transition center, the superintendent of
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1 North Dakota vision services - school for the blind, or the superintendent of the school
2 for the deaf, whose positions are included in the classified service as provided in
3 section 54-44.3-20.
4 3. The supervising officer shall fix the compensation of each superintendent within the
5 limits prescribed in this title and within the appropriations made by the legislative
6 assembly for compensation.
7 SECTION 2. AMENDMENT. Section 25-04-00.1 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 25-04-00.1. Definitions.
10 For the purposes of this chapter:
11 1. "Department" means the department of health and human services.
12 2. "Eligible" means an individual has been deemed eligible by the department for
13 developmental disability services.
14 3. "Individual served" is an individual who is a legal resident of the state of North Dakota
15 and is receiving services from the life skills and transition center.
16 4. "Nonresident patient at the life skills and transition centerindividual served" includes:
17 a. Any patient atindividual served by the life skills and transition center who is under
18 eighteen years old and whose responsible relative is not a bona fide resident of
19 this state.
20 b. Any Indian patientsenrolled member of a federally recognized Indian tribe for
21 whom the United States government has, through its statutes and regulations, a
22 responsibility for their care.
23 2.5. "Nonresident responsible relative" includes the patient's nonresident spouse, father, or
24 mother of the individual served. It includes the bureau of Indian affairs in those cases
25 involving an enrolled member of a federally recognized Indian patientstribe for whom
26 the United States government has, through its statutes and regulations, a
27 responsibility for their care.
28 6. "Nonresidential services" means rehabilitative services and supports that are provided
29 in a family home or community setting.
30 7. "Residential services" are specialized services and supports provided at the life skills
31 and transition center facility which include both room and board and rehabilitative
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1 services in accordance with an individual's care and support plan. Residential services
2 provided at the life skills and transition center are available to address an individual's
3 needs for stabilization.
4 SECTION 3. AMENDMENT. Section 25-04-01 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 25-04-01. Life skills and transition center - Name - Administration and control.
7 A facility for individuals with developmental disabilities must be maintained at or near the
8 city of Grafton in Walsh County. The facility must also be available for an individual who is
9 determined to be an individual who may benefit from the facility's services. The facility must be
10 known and designated as the life skills and transition center. The department of health and
11 human services has administrative authority and control of the life skills and transition center.
12 SECTION 4. AMENDMENT. Section 25-04-02 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 25-04-02. Purpose of life skills and transition center.
15 1. The purpose of the life skills and transition center is to serve as a specialty care and
16 support resource for eligible individuals with developmental disabilities who are
17 experiencing crisis or who would benefit from stabilization, and to work together with
18 parent, guardian, or legal custodian and care teams to identify opportunities for each
19 individual served to live in a family home or community setting of their choice when
20 possible.
21 2. The life skills and transition center must be maintained for the relief, instruction, care,
22 and custody ofto provide care, treatment, training, rehabilitation, and supervision for
23 eligible individuals with developmental disabilities or other individuals who may benefit
24 from the services offered at the center. For this purpose the department of health and
25 human services may introduce and establish such trades and manual
26 industriesrehabilitative and support services as, in its judgment, will best prepare the
27 residents for future self-supportindividuals served to live in the most integrated,
28 independent setting possible.
29 2.3. The departmentlife skills and transition center may provide onsite and offsite
30 additionalboth residential services and nonresidential services and effectuate its
31 powers and duties to best serve eligible individuals with developmental disabilities and
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1 other individuals who may benefit from those activities. The services provided and the
2 duties effectuated need not be accredited by the accreditation council on services for
3 people with developmental disabilities or certified by the health care financing
4 administration, or any other similar accrediting or certifying organization, if the service
5 or duty is not provided to individuals with developmental disabilities or if such
6 accrediting or certifying organization does not accredit or certify the service or duty.
7 SECTION 5. AMENDMENT. Section 25-04-02.1 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 25-04-02.1. Accreditation of life skills and transition center.
10 The department of health and human services shallmay request appropriations and
11 resources sufficient to ensureallow for maintenance of the life skills and transition center's
12 accreditation by the accreditation council on services for people with developmental disabilities
13 andor certification by the health care financing administration andcenters for Medicare and
14 Medicaid services or, if deemed necessary, by similar accrediting and certifying organizations
15 and agencies possessing standards applicable to an individual with a developmental disability
16 and disciplines needed to provide quality services to individuals served.
17 SECTION 6. AMENDMENT. Section 25-04-04 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 25-04-04. Who may receive benefits of life skills and transition center.
20 1. Subject to this chapter and to any rules adopted by the department of health and
21 human services, the benefits of the life skills and transition center may be received
22 only by:
23 1. a. Individuals with developmental disabilities and otherEligible individuals who may
24 benefit from services provided atby the life skills and transition center who, in the
25 opinion of the superintendent of the life skills and transition center are of suitable
26 age and capacity to receive instruction in thecare, treatment, training,
27 rehabilitation, or supervision by the life skills and transition center andor whose
28 deficienciesdisabilities prevent them from receiving proper training and instruction
29 in the public schools;
30 2. b. Individuals with developmental disabilities and otherEligible individuals who, in
31 the opinion of the superintendent of the life skills and transition center, may
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1 benefit from services provided atby the life skills and transition center and who
2 are in need of stabilization supports and cannot be properly cared for in their
3 homesfamily home or other available facilitiescommunity settings; or
4 3. c. Individuals with developmental disabilities and otherEligible individuals who, in
5 the opinion of the superintendent of the life skills and transition center, may
6 benefit from onsite and offsiteeither residential services or nonresidential services
7 provided or duties effectuated by the life skills and transition center.
8 2. Residents and nonresidents of this state may receive the benefits ofservices from the
9 life skills and transition center. Priority, however, must be given to residents of this
10 state and first priority must be given to individuals with developmental disabilities.
11 SECTION 7. AMENDMENT. Section 25-04-04.1 of the North Dakota Century Code is
12 amended and reenacted as follows:
13 25-04-04.1. Program management for a residentan individual served.
14 The department shall ensure active program management is maintained for eligible
15 individuals residingreceiving residential services at the life skills and transition center.
16 SECTION 8. AMENDMENT. Section 25-04-05 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 25-04-05. Qualifications for admission to state facility - Screening required prior to
19 admission or readmissionaccessing services provided by life skills and transition center
20 - Educational or related services without charge for personsindividuals twenty-one years
21 of age and under.
22 1. The superintendent may admit a personan eligible individual to the life skills and
23 transition center when allfor residential services based on consideration of the
24 following conditions have been metfactors:
25 a. Application for admission has been made on behalf of the person by a parent or
26 guardian or the person or agency having legal custody, or by the person seeking
27 admission, in accordance with procedures established by the department of
28 health and human servicesAbility of the life skills and transition center to provide
29 the appropriate level of care based on the individual's need.
30 b. A comprehensive evaluation of the person has been made within three months of
31 the date of application, a report of which has been filed with the superintendent
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1 and which, together with such other information or reviews as the department of
2 health and human services may require, indicates to the superintendent's
3 satisfaction that the person is eligible for admission toHealth and safety
4 considerations for both the individual served and other individuals currently being
5 served by the life skills and transition center.
6 c. The personindividual may be admitted without exceeding the resident capacity of
7 the facility as specified in the professional standards adopted byof the
8 department of health and human services.
9 2. No person may be admitted or readmitted to the life skills and transition center unless
10 that person has undergone a screening process at the life skills and transition center
11 to determine whether the admission or readmission is appropriate. Length of stay
12 criteria may be established under rules as the department of health and human
13 services may adopt. Any person who is suspected of being able to benefit from the
14 services offered at the center may be screened to ascertain whether or not that person
15 is actually a proper case for care, treatment, and training at the life skills and transition
16 center. If in the opinion of the superintendent the person screened under this
17 subsection is a proper subject for institutional care, treatment, and training at the life
18 skills and transition center, that person may remain as a voluntary resident at the
19 center at the discretion of the superintendent if all other conditions for admission
20 required by this section are metThe superintendent may approve an eligible individual
21 for nonresidential services provided by the life skills and transition center if all of the
22 following conditions have been met:
23 a. Application has been made on behalf of the individual by a department
24 developmental disabilities program manager, a parent, guardian, or legal
25 custodian, in accordance with procedures established by the department.
26 b. Information has been submitted to the life skills and transition center which allows
27 the superintendent to determine that the individual served would benefit from
28 nonresidential stabilization services offered by the life skills and transition center
29 for the purpose of avoiding institutionalization or further destabilization of the
30 individual's living situation.
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1 3. Notwithstanding any other provision of this chapter, no handicapped patienteligible
2 individual served, twenty-one years of age or under, or the estate or the parent of such
3 patientindividual, may be charged for educational or related services provided at the
4 life skills and transition center. Except as provided in subsection 4, the department of
5 health and human services has prior claim on all benefits accruing to such
6 patientsindividuals served for medical and medically related services under entitlement
7 from the federal government, medical or hospital insurance contracts, workforce safety
8 and insurance, or medical care and disability programs. For purposes of this
9 subsection, "related services" means transportation and such developmental,
10 corrective, and other supportive services, as determined by the department of public
11 instruction, as are required to assist a handicapped patientan individual with a
12 developmental disability to benefit from special education. The cost of related services
13 other than medical and medically related services must be paid by the life skills and
14 transition center, the school district of residence of the handicapped child with a
15 developmental disability, and other appropriate state agencies and political
16 subdivisions of this state. The department of public instruction, the department of
17 health and human services, the school district of residence, and other appropriate
18 state agencies and political subdivisions, as determined by the department of public
19 instruction, shall determine and agree to that portion of related services, other than
20 medical and medically related services, for which each agency and political
21 subdivision is liable. The