Committee hears changes to resident-rights law to clarify monitoring, transfers and refunds

Carla Bachman, State Long Term Care Ombudsman: The House Human Services Committee heard engrossed Senate Bill 2070, a package of revisions to North Dakota resident-rights law (NDCC 50-10.2) requested by the Department of Health and Human Services and developed with stakeholder input. Carla Bachman, the state ombudsman, told the committee the changes aim to update definitions, distinguish recording from virtual monitoring, group facility responsibilities, and address resident protections including transfer/discharge notices and refunds.

What’s proposed: The bill replaces older language about “monitoring” with clearer statutory definitions for “authorized electronic recording,” “technology device,” “virtual monitoring,” “virtual visitation,” and related terms; it limits recording use and preserves privacy. Other proposals moved existing language to group facility responsibilities and add clarifications such as including partners and significant others in private-visit rules, adding neglect and financial exploitation to enumerated resident protections, and requiring facilities to provide three years of survey reports to match federal skilled-nursing rules.

Ombudsman and provider collaboration: Bachman said four stakeholder meetings were held with providers, family members and residents. Nikki Wagner, president of the North Dakota Long Term Care Association, testified that association members worked with the ombudsman during the interim and—after raising concerns about how some provisions would apply differently across skilled nursing, assisted living, basic care and swing-bed settings—reached agreement on amended language. Wagner said the association supports the engrossed bill as amended.

Key clarifications: Witnesses stressed several clarifications adopted after provider feedback: - Personal possessions: language was clarified to allow personal furnishings and clothing “as space permits” and not require facilities to provide unreasonable storage. - Restraints: the bill’s physician-authorization requirement for emergency use of physical or chemical restraints was amended to allow authorization by a nurse practitioner or physician assistant when a physician is not available, addressing rural staffing realities. - Transfers and discharges: the bill proposes new requirements for transfer/discharge notices (content and timing) to reduce complaints and help residents and families understand reasons for denial or discharge.

Resident funds and refunds: The bill would require facilities to process payout of resident personal funds and refunds within 30 days; witnesses said that requirement aims to reduce delays experienced by residents and representatives. A resident who testified described a personal overpayment and long delay in refunds and proposed an amendment to explicitly require refund of overpayments and interest if refunds are not made within 30 days; the ombudsman indicated she had seen the proposal and would follow up with providers.

Virtual monitoring and visitation: The bill allows use of technology devices for virtual monitoring and virtual visitation under rules that protect other residents’ privacy and distinguishes nonrecording drop-in calls from recording devices that create a permanent record; where recording is used, the older authorized-recording rules continue to apply.

Where it stands: Provider groups and the ombudsman reported consensus on engrossed language after revisions, and the bill drew broad support in committee testimony. No formal committee vote is recorded in the transcript.