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State Legislation

North Dakota

Our associates are experienced with the issues impacting North Dakota employers and work side by side with our customers to deliver innovative, tailored solutions to manage risk and keep you ahead of your costs.

CorVel’s innovative claims management solution connects injured employees to a range of medical services that ensure employees feel cared for, while employers have the confidence of knowing they are utilizing the most effective measures available to manage their workers’ compensation costs. We have created an environment of advocacy for the injured worker, while also providing clients with full transparency and access to critical information throughout the claim process.

As a service to our clients, CorVel is providing links to information related to the COVID-19 pandemic provided by the states.

 

Legislature Status: Not in session in 2020. Access to the Capitol is limited.

  • North Dakota Health coronavirus resource page.
  • April 14, 2020 – The Governor outlined the finalized hospital surge plan, stressing that it’s the government’s responsibility to plan for the worst-case scenario, and in that regard, the state is well-prepared. The plan is based on three tiers:
    • Tier 1: Existing hospital capacity with current staff, supplies and equipment.
    • Tier 2
      • A: Hospitals increase their bed capacity and stretch staff through scheduling, with a surge of equipment from the state medical cache as requests.
      • B: Hospitals further increase capacity with a surge of equipment, supplies and staff from the state.
    • Tier 3: Establishing minimal care facilities that would be used only if hospitals in the region have reached their maximum level of surge capacity with beds, supplies, equipment and staff that can be provided through state resources.
  • April 13, 2020 – The Governor signed an executive order allowing for changes necessary to maintain critical operations for vulnerable youths being served in Psychiatric Residential Treatment Facilities and Qualified Residential Treatment Programs. Specifically, the order:
    • Suspends state regulations that require routine health care checks that are not available and are not urgent;
    • Allows for alternative service options such as telehealth;
    • Allows for state background checks while national checks are suspended during this emergency

Legislation

  • HB 1139 Relating to Duration Limits for Opioid Therapy and Benzodiazepine. Enacted.

North Dakota Regulatory Updates 2/6/2023

SB 2218 – Relating to the Workers’ Compensation Disability Benefits and Retirement Presumption; and to Repeal Sections 65-05-09.4 and 65-05-09.5 of the North Dakota Century Code, Relating to Workers’ Compensation Additional Benefits Payable; and to Provide For Application.

Issues: Workers’ Compensation (General)

Summary:

This measure modifies presumptions of retirement for employees seeking workers’ compensation disability benefits. It presumes that an employee who has voluntarily retired is presumed to have left the labor force and is ineligible for benefits. That presumption may be rebutted by actively seeking employment, being available for gainful employment, etc. This section does not apply to a permanently and totally disabled employee.

Most Recent Update:

1/30/2023 This measure has been scheduled for a hearing on January 30 in the Senate Committee on Industry and Business, chaired by Senator Doug Larsen (R). The hearing will be open to the public and testimony will be accepted at the discretion of the chair. A vote may occur at the discretion of the chair. Testimony may be submitted online through the following link: https://www.ndlegis.gov/legend/committee/hearings/public-schedule/.

North Dakota Regulatory Updates 5/5/2021

HB 1139 – A Bill For an Act to Create and Enact Section 65-05-40 of the North Dakota Century Code, Relating to Duration Limits For Opioid Therapy and Benzodiazepine; and to Provide For Application.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (Opioid Limits), Workers’ Compensation (General)

Summary:

This measure creates a new section to the North Dakota Century Code establishing duration limits and maximum payable dosing limits for opioid therapies and benzodiazepines. This measure is applicable to opioid addiction therapy benefits under workers’ compensation. According to this measure, opioid therapy that exceeds 90 morphine milligram equivalents of opioid medication per day, or more than a 7-day supply of an opioid medication during the initial thirty-day period of opioid therapy, may not be covered. The limitations do not apply to: (a.) opioid therapy prescribed for active and aftercare cancer treatment; (b.) end-of-life and hospice care; (c.) treatment for substance use disorder; (d.) an emergency room setting; (e.) an inpatient hospital setting; (f.) a long-term care facility setting; or, (g.) an assisted living facility setting.

Additionally, this measure states that benzodiazepine therapy may not be covered beyond a cumulative duration of four weeks, except when approved by the organization for the treatment of an anxiety disorder. A combination of opioid therapy and benzodiazepine may not be covered. An injured employee must be in compliance with the limits by July 1, 2022, or coverage will be terminated.

Most Recent Update:

4/1/2021 This measure has been signed by the governor. This measure takes effect August 1, 2021.

North Dakota Regulatory Updates 4/2/2021

HB 1139 

Issues: Workers’ Compensation (Opioid Limits), Workers’ Compensation (General)

Summary:

This measure creates a new section to the North Dakota Century Code establishing duration limits and maximum payable dosing limits for opioid therapies and benzodiazepines. This measure is applicable to opioid addiction therapy benefits under workers’ compensation. According to this measure, opioid therapy that exceeds 90 morphine milligram equivalents of opioid medication per day, or more than a 7-day supply of an opioid medication during the initial thirty-day period of opioid therapy, may not be covered. The limitations do not apply to: (a.) opioid therapy prescribed for active and aftercare cancer treatment; (b.) end-of-life and hospice care; (c.) treatment for substance use disorder; (d.) an emergency room setting; (e.) an inpatient hospital setting; (f.) a long-term care facility setting; or, (g.) an assisted living facility setting.

Additionally, this measure states that benzodiazepine therapy may not be covered beyond a cumulative duration of four weeks, except when approved by the organization for the treatment of an anxiety disorder. A combination of opioid therapy and benzodiazepine may not be covered. An injured employee must be in compliance with the limits by July 1, 2022, or coverage will be terminated.

Most Recent Update:

3/23/2021 This measure passed the Senate Industry, Business and Labor Committee with a vote of 5-1. The measure then passed the Senate with a vote of 38-8. This measure is eligible to be sent to Governor Doug Burgum (R) for final consideration.

North Dakota Regulatory Updates 3/5/2021

HB 1139 

Issues: Workers’ Compensation (Opioid Limits), Workers’ Compensation (General)

Summary:

This measure creates a new section to the North Dakota Century Code establishing duration limits and maximum payable dosing limits for opioid therapies and benzodiazepines. This measure is applicable to opioid addiction therapy benefits under workers’ compensation. According to this measure, opioid therapy that exceeds 90 morphine milligram equivalents of opioid medication per day, or more than a 7-day supply of an opioid medication during the initial thirty-day period of opioid therapy, may not be covered. The limitations do not apply to: (a.) opioid therapy prescribed for active and aftercare cancer treatment; (b.) end-of-life and hospice care; (c.) treatment for substance use disorder; (d.) an emergency room setting; (e.) an inpatient hospital setting; (f.) a long-term care facility setting; or, (g.) an assisted living facility setting.

Additionally, this measure states that benzodiazepine therapy may not be covered beyond a cumulative duration of four weeks, except when approved by the organization for the treatment of an anxiety disorder. A combination of opioid therapy and benzodiazepine may not be covered. An injured employee must be in compliance with the limits by July 1, 2022, or coverage will be terminated.

Most Recent Update:

2/15/2021 This measure has been referred to the Senate Industry, Business and Labor Committee, chaired by Senator Jerry Klien (R). This measure awaits further consideration before the committee of referral at the discretion of the chair.

North Dakota Services

  • Workers’ compensation claims administration
  • Medical bill review in compliance with state requirements
  • Local PPO development and management
  • Case management services

North Dakota Resources

North Dakota Compensation Website

North Dakota Government Website

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