25.8077.01000
Sixty-ninth
Legislative Assembly SENATE BILL NO. 2112
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 25-04-00.1, 25-04-02, 25-04-04, 25-04-04.1,
2 25-04-05, 25-04-05.1, 25-04-08, 25-04-08.1, 25-04-14, and 25-04-17 of the North Dakota
3 Century Code, relating to the life skills and transition center.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. AMENDMENT. Section 25-04-00.1 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 25-04-00.1. Definitions.
8 For the purposes of this chapter:
9 1. "Department" means the department of health and human services.
10 2. "Eligible" means an individual has been deemed eligible by the department for
11 developmental disability services.
12 3. "Individual served" is an eligible individual who is a legal resident of the state of North
13 Dakota and is receiving services from the life skills and transition center.
14 4. "Noneligible" means a minor who is a legal resident of the state and has not been
15 deemed eligible by the department for developmental disability services.
16 5. "Nonresident individual served" includes:
17 a. Any individual served by the life skills and transition center who is under eighteen
18 years old and whose responsible relative is not a bona fide resident of this state.
19 b. Any enrolled member of a federally recognized Indian tribe for whom the United
20 States government has, through its statutes and regulations, a responsibility for
21 their care.
22 5.6. "Nonresident responsible relative" includes the nonresident spouse, father, or mother
23 of the individual served. It includes the bureau of Indian affairs in those cases involving
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1 an enrolled member of a federally recognized Indian tribe for whom the United States
2 government has, through its statutes and regulations, a responsibility for their care.
3 6.7. "Nonresidential services" means rehabilitative services and supports that are provided
4 in a family home or community setting.
5 7.8. "Residential services" are specialized services and supports provided at the life skills
6 and transition center facility which include both room and board and rehabilitative
7 services in accordance with an individual's care and support plan. Residential services
8 provided at the life skills and transition center are available to address an individual's
9 needs for stabilization.
10 SECTION 2. AMENDMENT. Section 25-04-02 of the North Dakota Century Code is
11 amended and reenacted as follows:
12 25-04-02. Purpose of life skills and transition center.
13 1. The purpose of the life skills and transition center is to serve as a specialty care and
14 support resource for eligible individuals with developmental disabilities who are
15 experiencing crisis or who would benefit from stabilization, and to work together with
16 parent, guardian, or legal custodian and care teams to identify opportunities for each
17 individual served to live in a family home or community setting of their choice when
18 possible.
19 2. The life skills and transition center must be maintained to provide care, treatment,
20 training, rehabilitation, and supervision for eligible individuals. For this purpose the
21 department may introduce and establish such rehabilitative and support services as, in
22 its judgment, will best prepare the individuals served to live in the most integrated,
23 independent setting possible.
24 3. The life skills and transition center may provide both residential services and
25 nonresidential services and effectuate its powers and duties to best serve eligible
26 individuals who may benefit from those activities.
27 4. Upon approval of the commissioner of the department or designee and in the opinion
28 of the superintendent of the life skills and transition center, the life skills and transition
29 center may provide:
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1 a. Residential services or nonresidential services and effectuate its powers and
2 duties to best serve noneligible individuals who are experiencing crisis or who
3 would benefit from stabilization and may benefit from those activities; or
4 b. Consultation services to public and private providers serving noneligible
5 individuals.
6 SECTION 3. AMENDMENT. Section 25-04-04 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 25-04-04. Who may receive benefits of life skills and transition center.
9 1. Subject to this chapter and to any rules adopted by the department, the benefits of the
10 life skills and transition center may be received only by:
11 a. Eligible individuals who may benefit from services provided by the life skills and
12 transition center who, in the opinion of the superintendent of the life skills and
13 transition center are of suitable age and capacity to receive care, treatment,
14 training, rehabilitation, or supervision by the life skills and transition center or
15 whose disabilities prevent them from receiving training and instruction in the
16 public schools;
17 b. Eligible individuals who, in the opinion of the superintendent of the life skills and
18 transition center, may benefit from services provided by the life skills and
19 transition center and who are in need of stabilization supports and cannot be
20 properly cared for in their family home or other available community settings; or
21 c. Eligible individuals who, in the opinion of the superintendent of the life skills and
22 transition center, may benefit from either residential services or nonresidential
23 services provided by the life skills and transition center; or
24 d. Noneligible individuals who, upon approval of the commissioner of the
25 department or designee and in the opinion of the superintendent of the life skills
26 and transition center, may benefit from:
27 (1) Residential services for up to ninety days, unless an extension is granted for
28 an additional ninety days by the superintendent of the life skills and
29 transition center to facilitate effective transition;
30 (2) Nonresidential services provided by the life skills and transition center; or
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1 (3) Consultation services to public and private providers serving noneligible
2 individuals.
3 2. Residents and nonresidents of this state may receive services from the life skills and
4 transition center. Priority, however, must be given to residents of this state.
5 SECTION 4. AMENDMENT. Section 25-04-04.1 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 25-04-04.1. Program management for an individual served.
8 The department shall ensure active program management is maintained for eligible
9 individuals served and noneligible individuals receiving residential services at the life skills and
10 transition center.
11 SECTION 5. AMENDMENT. Section 25-04-05 of the North Dakota Century Code is
12 amended and reenacted as follows:
13 25-04-05. Qualifications for accessing services provided by life skills and transition
14 center - Educational or related services without charge for individuals twenty-one years
15 of age and under.
16 1. The superintendent of the life skills and transition center may admit an eligible or
17 noneligible individual to the life skills and transition center for residential services
18 based on consideration of the following factors:
19 a. Ability of the life skills and transition center to provide the appropriate level of
20 care based on the individual's need.
21 b. Health and safety considerations for both the individual served and other
22 individuals currently being served by the life skills and transition center.
23 c. The individual may be admitted without exceeding the resident capacity of the
24 facility as specified in the professional standards of the department.
25 d. A noneligible individual may not receive residential services to the exclusion of an
26 eligible individual, unless the noneligible individual is receiving residential
27 services before the life skills and transition center receives an application to
28 admit an eligible individual for residential services.
29 2. The superintendent of the life skills and transition center may approve an eligible or
30 noneligible individual for nonresidential services provided by the life skills and
31 transition center if all of the following conditions have been met:
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1 a. Application has been made on behalf of the individual by a department
2 developmental disabilities program manager, a parent, guardian, or legal
3 custodian, in accordance with procedures established by the department.
4 b. Information has been submitted to the life skills and transition center which allows
5 the superintendent to determine that the individual servedeligible or noneligible
6 individual would benefit from nonresidential:
7 (1) Nonresidential stabilization services offered by the life skills and transition
8 center for the purpose of avoiding institutionalization or further
9 destabilization of the individual's living situation; or
10 (2) Consultation services to public and private providers serving noneligible
11 individuals.
12 3. Notwithstanding any other provision of this chapter, no eligible individual served,
13 twenty-one years of age or under, no noneligible individual, eighteen years of age or
14 under, or the estate or the parent of such individual, may be charged for educational or
15 related services provided at the life skills and transition center. Except as provided in
16 subsection 4, the department has prior claim on all benefits accruing to such
17 individuals served or noneligible individuals for medical and medically related services
18 under entitlement from the federal government, medical or hospital insurance
19 contracts, workforce safety and insurance, or medical care and disability programs.
20 For purposes of this subsection, "related services" means transportation and such
21 developmental, corrective, and other supportive services, as determined by the
22 department of public instruction, as are required to assist an individual with a
23 developmental disability to benefit from special education. The cost of related services
24 other than medical and medically related services must be paid by the life skills and
25 transition center, the school district of residence of the child with a developmental
26 disability, and other appropriate state agencies and political subdivisions of this state.
27 The department of public instruction, the department, the school district of residence,
28 and other appropriate state agencies and political subdivisions, as determined by the
29 department of public instruction, shall determine and agree to that portion of related
30 services, other than medical and medically related services, for which each agency
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1 and political subdivision is liable. The department of public instruction may adopt rules
2 necessary to implement this section.
3 4. Parents of an eligible individual, who is twenty-one years of age or under, are not
4 required to file, assist in filing, agree to filing, or assign an insurance claim when filing
5 the claim would pose a realistic threat that the parents would suffer a financial loss not
6 incurred by similarly situated parents of children with disabilities. Financial losses do
7 not include incidental costs such as the time needed to file or assist in filing an
8 insurance claim or the postage needed to mail the claim. Financial losses include:
9 a. A decrease in available lifetime coverage or any other benefit under an insurance
10 policy.
11 b. An increase in premiums or the discontinuation of a policy.
12 c. An out-of-pocket expense such as the payment of a deductible amount incurred
13 in filing a claim unless the life skills and transition center pays or waives the
14 out-of-pocket expense.
15 SECTION 6. AMENDMENT. Section 25-04-05.1 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 25-04-05.1. Transfer of individuals - Visiting privileges - Release and placement of
18 individuals served.
19 1. The superintendent of the life skills and transition center shall have the right of
20 temporary transfer of any individual served or noneligible individual, at the life skills
21 and transition center, to an appropriate hospital or other specialized facility when in the
22 superintendent's opinion the immediate health and safety of the individual or the
23 immediate health and safety of others requires the transfer.
24 2. Subject to reasonable rules for the orderly operation of the life skills and transition
25 center, any parent, guardian, or legal custodian of the individual served or noneligible
26 individual shall have the right of visiting and communicating with the individual served
27 or noneligible individual and authorizing visits and communications with others.
28 3. The superintendent may authorize the temporary discharge of any individual served or
29 noneligible individual to the custody of the individual served's or noneligible individual's
30 parent, guardian, or legal custodian of the individual, or to another person designated
31 by the parent, guardian, or legal custodian. In the absence of such authorization, any
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1 parent, guardian, or legal custodian of the individual served may formally request, in
2 writing, the individual served's temporary discharge. The discharge must be granted at
3 the earliest reasonable opportunity, but not more than thirty days after receipt of a
4 written application. If a discharge is, or would be, effected contrary to the advice of the
5 superintendent based on a recent comprehensive evaluation of the individual, the
6 superintendent shall so advise the parent, guardian, or legal custodian in writing.
7 4. The superintendent may arrange for the suitable placement of an:
8 a. An individual served outside the life skills and transition center and to discharge
9 the individual served, provided placement has been preceded by a
10 comprehensive evaluation. No such placement of an individual served may be
11 effected until all reasonable efforts have been made to consult with the individual
12 served's care team and parent, guardian, or legal custodian of the individual
13 served; and
14 b. A noneligible individual outside the life skills and transition center or to discharge
15 the noneligible individual.
16 SECTION 7. AMENDMENT. Section 25-04-08 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 25-04-08. Discharge of an individual served from life skills and transition center.
19 An individual who receives residential services at the life skills and transition center must be
20 discharged if any one of the following conditions are present:
21 1. The superintendent of the life skills and transition center, on the basis of a
22 comprehensive evaluation and in consultation with the individual'sindividual served's
23 parent, guardian, legal custodian, or care team, finds that the care, treatment, training,
24 rehabilitation, and supervision offered by the life skills and transition center are no
25 longer needed.
26 2. The parent, guardian, or legal custodian who voluntarily admitted the individual served
27 to residential services at the life skills and transition center and who retains legal
28 custody makes a written request for discharge.
29 3. The in