North Dakota

SUMMARY

In the most recent legislative term, North Dakota has been inactive in regard to legislation on healthcare transparency, costs, or markets.

 

LEGISLATION/REGULATION

Legislative Calendar

North Dakota’s legislative session has ended.

 

Recent Legislative Developments

Healthcare Transparency

  • None identified.

 

Healthcare Cost

  • None identified.

 

Healthcare Markets

  • None identified.

 

Key Statutes

We compile state statutes that relate to healthcare price and competition, including healthcare transparency, markets, and costs. For a complete listing of all health related statutes visit the State Health Practice Database for Research.

 

Transparency in Healthcare

  • D. Cent. Code § 23-01.1, as amended by HB 1036 above, authorizes a health data committee within the state health council for the purposes of collecting and analyzing health data and “establishing procedures that assure public availability of the information required to make informed health decisions.” The committee is slated for repeal by S.L. 2013, ch. 207 § 6 effective Aug. 1, 2015.

 

  • D. Cent. Code § 23-01-24 creates a healthcare cost and quality review program within the Department of Health in order to compile relevant information about healthcare delivery within the state to allow for an evaluation of cost and quality outcomes.

 

Healthcare Contracting

  • D. Cent. Code 26.1-47-02 requires that a health care insurer file all preferred provider arrangements with the commissioner of insurance within ten days of implementing the arrangements, which are subject to commissioner’s approval. Preferred provider arrangements may not restrict a healthcare provider from entering into other arrangements with other health care insurers.

 

  • D. Cent. Code 26.1-04-03 prohibits most favored nation clauses in an agreement between an insurance carrier and a participating provider as an unfair method of competition. A most favored nations clause is an agreement between a payer (such as an insurance company) and a provider that typically requires a provider to give the payer the lowest rate that it gave to any other comparable payer, which can be anticompetitive by encouraging oligopolistic pricing by large payers and increasing barriers for new entrants.

 

Healthcare Markets

 

2017-2019 BUDGET

By the close of each regular legislative session, the Legislative Assembly approves North Dakota’s biennial budget, which takes effect on July 1 of that year and ends on June 30 of the following odd-numbered year. North Dakota enacted its biennial budget during the 2017 Legislative session. To view North Dakota’s Department of Health 2017-2019 spending, visit page 157 here.

 

LITIGATION/ENFORCEMENT

  • None identified.

 

KEY RESOURCES

North Dakota Legislature

North Dakota Attorney General

North Dakota Insurance Department