23.0973.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2283
of North Dakota
Introduced by
Senators Lee, Dever, Hogan
Representatives Ista, Swiontek, Weisz
1 A BILL for an Act to amend and reenact section 50-24.5-02.3 of the North Dakota Century
2 Code, relating to basic care payment rates; to provide for a study; to provide an appropriation;
3 and to declare an emergency.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. AMENDMENT. Section 50-24.5-02.3 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 50-24.5-02.3. Basic care payment rates.
8 1. The department shall establish, by rule, procedures for determining ratesdetermine
9 limits for the care of residents of basic care facilities that qualify as vendors of an
10 aged, blind, and disabled persons program and for implementing provisions of this
11 chapter. The procedures must be based on methods and standards that the
12 department finds are adequate to recognize thedata demonstrating the most recent
13 costs that must be incurred for the care of residents in efficiently and economically
14 operated basic care facilities. The department shall determine the limits every four
15 years by July first, beginning with July 1, 2023.
16 2. The department shall identify costs that are recognized for establishing payment
17 ratesestablish the limits by using the median rates from the most recent data available.
18 The direct care limit must be the median plus eighteen percent. The indirect care limit
19 must be the median plus twelve percent for indirect care.
20 3. For the rate year beginning July 1, 20162023, the department shall establish the limits
21 by using the average of the highest and lowest rates from the 2014 rate year. The
22 direct care limit must be ninety-five percent of the average and the indirect care limit
23 must be ninety percent of the average. Beginning with the July 1, 2017, rate year, the
24 department shall adjust the limits by using the cost percentage change from the prior
Page No. 1 23.0973.01000
Sixty-eighth
Legislative Assembly
1 two rate years, within the limits of legislative appropriations.increase rates and limits
2 six percent for inflation. For the rate year beginning July 1, 2024, the department shall
3 increase rates and limits four percent for inflation.
4 4. The department shall provide, by rule, within the limits of legislative appropriations, for
5 payment of rates paid by the aged, blind, and disabled persons program for a
6 maximum of thirty days per occurrence for leave days for a resident who is in a
7 licensed health care facility when the resident is expected to return to the
8 facilityincrease rates in the amount of ten dollars per day for the rate years beginning
9 July 1, 2023, and July 1, 2024.
10 5. Within the limits of legislative appropriations, the department shall establish an
11 uncompensated care expense of one hundred eighty days.
12 SECTION 2. APPROPRIATION - DEPARTMENT OF HEALTH AND HUMAN SERVICES -
13 STUDY OF BASIC CARE PAYMENT SYSTEM. There is appropriated out of any moneys in the
14 general fund in the state treasury, not otherwise appropriated, the sum of $500,000, or so much
15 of the sum as may be necessary, to the department of health and human services for the
16 purpose of studying the basic care payment system, for the biennium beginning July 1, 2023,
17 and ending June 30, 2025. The study shall consider:
18 1. The property component of the rate;
19 2. Providing an uncompensated care expense of three hundred sixty-five days;
20 3. The feasibility of classifying basic care as supported housing;
21 4. The calculation of the operation margin;
22 5. Rates for specialized basic care services licensed under North Dakota Administrative
23 Code chapter 33-03-24.1; and
24 6. Structuring payments to provide an incentive for providers to serve individuals with
25 behavioral health needs.
26 SECTION 3. EMERGENCY. This Act is declared to be an emergency measure.
Page No. 2 23.0973.01000
Statutes affected: INTRODUCED: 50-24.5-02.3
FIRST ENGROSSMENT: 50-24.5-02.3