Department proposes renaming regional human service centers to state-operated behavioral health clinics; committee hears broad technical and policy changes in S

Jonathan Ulm, chief legal officer for the Department of Health and Human Services, told the Senate Human Services Committee the department introduced Senate Bill 2113 to align statutory language with current practice and to add provisions needed for certified community behavioral health clinics.

"Most of the changes in senate bill 2113 changes the title of the regional human service centers to the state operated behavioral health clinics," Ulm said in his opening testimony, summarizing the bill’s technical and substantive changes.

Why the change matters

Ulm testified the bill renames and redefines multiple statutory sections to reduce confusion between human service centers and human service zones, adds a statutory definition of "certified community behavioral health clinic," and updates the department’s authority and responsibilities for community behavioral health services. Key elements described in testimony include:

- Changing the label "regional human service centers" to "state operated behavioral health clinics" across multiple sections (50601 et seq.) to reflect current organizational structure and services. - Creating a process to establish certified community behavioral health clinics and directing the department to adopt rules and deny requests when appropriate (new section in chapter 506). - Adding a statutory authority for the department to appeal a court order that would require the department to perform functions it does not have authority to provide (new subsection 34 in the bill text presented). - Codifying that certain providers who receive state funding must submit process and outcome measures to the department (subsection added from recent budget provisions). - Updating cross-references and removing expired or redundant language tied to prior restructuring efforts.

The department also proposed an amendment to restore language permitting the department to adopt rules (changing a prior "shall" to a discretionary "may") about operation of the state-operated behavioral health clinics; that change prompted questions from senators about whether federal certification standards might already supply minimum rules.

Testimony and stakeholder comments

Denise Harvey of Protection and Advocacy said the organization supports development of certified community behavioral health clinics, but asked the committee to ensure that, for certain youth and young adults, home- and community-based services are considered before institutional placements. "We know some are but just to assure that's being continued," Harvey said.

Nikki Wagner of the North Dakota Long Term Care Association testified in favor of the bill overall and urged an additional amendment to exempt gero psychiatric facilities from a daily bed-reporting requirement in the behavioral health bed-management system; Wagner argued that gero psych units operate with high occupancy and infrequent openings and that daily reporting imposes an administrative burden. She offered occupancy and utilization figures for gero psych facilities as part of that request.

Other supporters, including representatives of community providers, told the committee they welcome the department’s effort to create clearer clinic standards and to support workforce expansion. Bruce Murray, representing Valley Hope Counseling (Frasier Limited, Fargo), said his organization would welcome collaboration on a wraparound model in the Fargo area.

Concerns and unresolved issues

Several senators called the bill substantive and urged additional review before final action. Senators raised concerns that the bill interacts with other pending proposals — notably changes tied to the cross-disability advisory council and the Life Skills and Transition Center — and suggested holding the bill until related drafts and cross-references are available. Senator Rohrs noted she was considering a standalone cross-disability bill and asked how the two measures would coordinate if both passed; committee members and the sponsor said legislative staff would reconcile overlapping language if needed.

Committee disposition

Committee members did not take a final vote on SB 2113 during the hearing. Chair Judy Lee and other members signaled the bill may be held for additional review to allow alignment with other pending legislation and to resolve membership and sunset questions for advisory councils referenced in the bill.

What to watch next

If SB 2113 advances, it would require the department to develop rules and processes for certified community behavioral health clinics, to adopt data-sharing practices to improve care coordination (within federal privacy limits), and to publish criteria for certification. Stakeholders flagged a need for the department to clarify how Life Skills and Transition Center placements, juvenile justice referrals, and cross-disability advisory council membership changes would interact with the new statutory language.

Ending note

The hearing drew testimony from state officials, provider groups, and advocacy organizations. Committee members praised the technical cleanup in parts of the bill but asked for time to resolve substantive policy overlaps before taking a vote.