Legislative Assembly SENATE BILL NO. 2276
of North Dakota
Introduced by
Senators Cleary, Dever, Lee
1 A BILL for an Act to create and enact a new section to chapter 50-24.1 of the North Dakota
2 Century Code, relating to legally responsible individuals providing Medicaid waiver services.
4 SECTION 1. A new section to chapter 50-24.1 of the North Dakota Century Code is created
5 and enacted as follows:
6 Eligibility of legally responsible individuals.
7 1. As used in this section:
8 a. "Extraordinary care" means care exceeding the range of activities a legally
9 responsible individual would ordinarily perform in the household on behalf of an
10 individual without extraordinary medical needs, and which is necessary to assure
11 the health and welfare of the individual and avoid institutionalization.
12 b. "Legally responsible individual" includes a legal decisionmaker, guardian, or
13 parent who is next-of-kin to an individual with extraordinary medical needs.
14 2. The department shall work with the centers for Medicare and Medicaid services to
15 implement a service option that will allow payment to a legally responsible individual
16 who provides extraordinary care to an eligible individual. This service option must be
17 available for participants in the Medicaid 1915(c) waivers and any subsequent
18 Medicaid waivers to be developed.
19 3. A waiver under this section which provides for coverage of self-directed in-home
20 support services must include coverage of services provided by a legally responsible
21 individual.
22 4. The department may utilize an annual assessment of an eligible individual under this
23 section to determine the level of care authorized and to determine the best interests of
24 the individual.
Page No. 1 23.0635.02000
Legislative Assembly
1 5. Under this section, the payment rate for a legally responsible individual must be the
2 same as the rate for a nonlegally responsible individual.
Page No. 2 23.0635.02000

Statutes affected:
Prepared by the Legislative Council staff for Representative Ruby: 50-06-32