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    OpenPayerPolicy UpdatesAdministrative/Operational PolicyNorth Dakota Mental Health Coverage | OpenPayer
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    CurrentNorth Dakota Insurance DepartmentPolicy 21

    Chapter 26–39 of North Dakota Century Code: Mental Illness and Addiction Coverage Administration

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    Administrative interpretations for applying Chapter 26–39 requirements to qualifying group, blanket, franchise, and association policies covering North Dakota residents, including implementation timing, claims handling, and pre-existing-condition exclusions.

    Policy Summary
    PayerNorth Dakota Insurance Department
    PolicyChapter 26–39 of North Dakota Century Code: Mental Illness and Addiction Coverage Administration
    Policy CodePolicy N/A
    Change TypeAdministrative interpretation
    Effective DateJuly 1, 1975
    Next Review DateNot specified
    Key ActionInsurers must ensure that each new qualifying policy or plan conforms at inception to Chapter 26–39 requirements and applicable Department bulletins.
    SourceLink
    POLICY UPDATE CHANGES

    No material clinical or coverage changes in this revision.

    NDState whose residents are expressly covered by the interpretation
    4Policy and claims administration directives stated in the bulletin
    InceptionConformity timing for new qualifying policies or plans

    OpenPayer is powered by Trek Health's payer performance platform. Trek continuously ingests, validates, and normalizes Transparency in Coverage data alongside payer policies and other commercial payer data to create a structured payer intelligence foundation. OpenPayer uses this foundation to deliver personalized search results, dynamically generated policy pages, and tailored policy monitoring based on each user's payers, specialties, billing codes, and areas of interest. The same intelligence powers broader payer performance workflows, including reimbursement benchmarking, contract evaluation, payer negotiations, and financial decision-making.

    Anniversary
    Conformity timing for existing qualifying policies or plans
    EffectiveClaims-handling rule during policy-document implementation
    ExclusionLimitation applicable to claims under required coverage

    Applicability and Administrative Requirements

    Applicability to North Dakota residents

    Chapter 26–39 applies when all of the following conditions are met:

    ALL of the following

    • The insured is a North Dakota resident.
    • Coverage is provided under a group or blanket policy, or under a franchise or association plan.
    • For a policy or plan delivered, issued, executed, renewed, or negotiated outside North Dakota, the applicable number-of-persons calculation is applied with respect to North Dakota residents only.

    Policy conformity and claims administration

    Qualifying policies and plans must satisfy all of the following requirements:

    ALL of the following

    • Each new qualifying policy or plan conforms at inception to Chapter 26–39 and applicable Department bulletins.
    • Each existing qualifying policy or plan conforms on the next applicable policy anniversary date; for a franchise or association plan, each individual policy covering one or more North Dakota residents conforms on that anniversary date.
    • Required coverage is administered for claims as though it had been effective from the applicable required coverage date, even while revised policies, riders, endorsements, certificates, or similar documents are being developed or printed.
    • Any applicable pre-existing-condition exclusion applies from the applicable required coverage or policy or certificate effective date.

    Implementation and Claims Handling

    Documentation Required

    Implement required coverage in new policies

    Ensure that each new qualifying group, blanket, franchise, or association policy or plan conforms at inception to Chapter 26–39 requirements and applicable Departmental Bulletins.

    Documentation Required

    Update existing policies at anniversary

    Bring each existing qualifying policy or plan into conformity on the applicable policy anniversary date. For a franchise or association plan, each individual policy covering one or more North Dakota residents must conform on that anniversary date.

    Policy Summary
    PayerNorth Dakota Insurance Department
    PolicyChapter 26–39 of North Dakota Century Code: Mental Illness and Addiction Coverage Administration
    Policy CodePolicy N/A
    Change TypeAdministrative interpretation
    Effective DateJuly 1, 1975
    Next Review DateNot specified
    Key ActionInsurers must ensure that each new qualifying policy or plan conforms at inception to Chapter 26–39 requirements and applicable Department bulletins.
    SourceLink
    On This Page
    Applicability and Administrative RequirementsImplementation and Claims Handling
    Billing Rule

    Handle claims during document implementation

    A reasonable period is allowed to develop and print revised policies, riders, endorsements, certificates, and similar documents. During that period, handle claims as though the required coverage had been effective on July 1, 1975, or on the later policy or certificate effective date, as applicable.

    Billing Rule

    Apply pre-existing-condition exclusions

    For a claim under required coverage, apply any applicable pre-existing-condition exclusion provision with respect to July 1, 1975, or the later policy or certificate effective date, as applicable.