[{"_1":2,"_122":-5,"_123":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88,100,110],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6342448,"mediaKeyId","2255115-65dc1b66cfb5a024ebf111e38415f9ef","parentId",2255115,"title","Senate bill would allow dental offices to jointly negotiate with insurers, shift arbitration to OAH","audioSeconds",1695,"startMs",476000,"endMs",2171000,"viewUrl","/Search/View?dp=1&key=2255115-65dc1b66cfb5a024ebf111e38415f9ef&start=476&end=2171","thumbnailUrl","https://assets.pipeline.soar.com/2255115-65dc1b66cfb5a024ebf111e38415f9ef/thumbnail_476000.jpg","articleUrl","/articles/6342448/North-Dakota/Senate-bill-would-allow-dental-offices-to-jointly-negotiate-with-insurers-shift-arbitration-to-OAH","mediaUrl","https://secure.pipeline.soar.com/6342448-cf3eaab7e75eae38228d0285d7ab925f/orig.mp4?Expires=1770445509&Signature=bLGYI1yr0UHS6NY-N~glSUy7z8gMpbKkVQPYxJQngEhaw~0wGW4bPNmAHFShg161mYnT6InDqhAo0mxj2TIyHNZOJbnh71h0ycXNUjEOu6FT7hWnLckYMlTukKxOErzvtV9xKDbyhzNbPKky5h8VQKxdZ4U3qjnQUN55bVCFP7r1IyjgtajmcGf1zvl~4qUdlFHzUOQf9TnhbwJJ09qLQkQ85lOIQsJF~sWbIW~Dp-2ePC3-7gV5fz7wb51Jzg6mLZJ~h2yT-NMe7euKZq5zsvpbIGSnglQ2RgS9n5FVnDg~K~G1WQZgAeFrXrF20lHO~-~nUqjc8ZbQ7DauAG7cww__&Key-Pair-Id=KUT5TJCACFTXG","author","North Dakota State Legislature","date","2025-02-10T00:00:00Z","article","Senate Bill 2,375 would let two or more dental providers in a dental insurer\u0000service area jointly negotiate with the insurer and use the Office of Administrative Hearings (OAH) to arbitrate disputes, sponsor Sen. Jose Castaneda told the Senate Human Services Committee.

The bill, introduced to the Human Services Committee, would move the authority in statute from the Insurance Commissioner to the OAH, and would permit the OAH to accept payment from nongovernmental entities for arbitration services. Castaneda said the change is intended to help small, independent dental practices that receive \"take it or leave it\" contract offers from carriers and have limited ability to negotiate terms that affect administrative processes such as virtual credit card fees, prior authorization and retroactive denials.

Supporters including the North Dakota Dental Association and practicing dentists said many providers operate as small businesses and often cannot negotiate effectively with carriers that contract on behalf of tens of thousands of covered lives. William Sherwin of the North Dakota Dental Association told the committee that the bill \"is not to circumvent antitrust laws. It is to functionally make a negotiation process work\" and that the OAH\u0000run by administrative law judges \"are positioned to oversee these negotiations in a fair and equitable space.\"

Castaneda said the bill includes a narrow path to raise fee-related negotiations only if the OAH finds a dental insurer has substantial market power and contract terms pose a threat to quality or availability of care. Under the 1,001 amendment he circulated, section 1 would be placed in the dentist chapter of the Century Code (title 43, chapter 43-28) and section 2 would amend the OAH\u0000compensation provisions so the OAH may bill nonstate entities for services rendered.

Several committee members sought clarity about antitrust risks and whether the arrangement would look like collective bargaining. Castaneda said the bill attempts to avoid antitrust problems by treating each dental office as a juridic person that hires a joint negotiator rather than forming a single conglomerate. The attorney general\u0000s antitrust director, Ellen Alm, told the committee she had \"a little bit\" of concern about breadth of the draft, noting risks such as price fixing if too large a share of providers in a market joined together and suggesting some states limit participation to prevent a provider-side monopoly.

Hope Hogan, director of the Office of Administrative Hearings, testified the OAH could serve as the neutral arbiter contemplated in the bill but said procedural details would need to be worked out, including how fees would be split between parties; Hogan suggested a cost-share between the parties could reduce appearance concerns. David Shibley, executive director of the North Dakota State Board of Dental Examiners, asked that any new dentist-related statutes be placed near existing dentist statutes but kept separate from the board\u0000s regulatory chapter to preserve the board\u0000s independence over licensees.

Opponents included Dennis Pathroff of the American Council of Life Insurers (ACLI), who warned that allowing negotiation over utilization management criteria, clinical practice guidelines or definitions of medical necessity could impede plans\u0000ability to manage care and could add administrative burden and costs. Pathroff asked the committee to reject the bill.

Committee members also discussed how arbitration costs would be paid. Castaneda and Sherwin said the amendment would permit the OAH to bill nonstate entities and that the dental side expected to pay for arbitration so there would be \"zero fiscal or financial impact to the state.\" Hogan said the OAH is funded by special funds and must avoid becoming a collection agency.

The committee did not take final action on SB 2,375 during the hearing. The bill generated extended back-and-forth on antitrust limits, the exact scope of negotiable topics, whether the OAH should be asked to adopt implementing rules, and how the process would avoid the appearance of bias if one party pays more of the fees.

The testimony record includes written materials the proponents promised to submit to the clerk; committee members asked that those materials be entered into the official record.

Ending: Supporters said the change is intended to increase in-network access for patients by improving providers\u0000ability to negotiate contract terms with large carriers; opponents urged caution over antitrust and consumer-protection tradeoffs.","mediaType","Video","parentTitle","Senate Human Services Mon, Feb 10, 2025 9:00 AM-11:00 AM","oneSentenceSummary","Senate Bill 2,375 would let two or more dental providers in an insurer\u0000service area jointly negotiate contracts with dental insurers and shift arbitration of disputes to the Office of Administrative Hearings, sponsor Sen. Jose Castaneda told the Senate Human Services Committee.","taxTitle","Human Services, Senate, Legislative, North Dakota","taxId",28905,"location","North Dakota","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6342427,"Senate considers expanding $25 insulin cap from state plan to portions of the commercial market",785,10920000,11705000,"/Search/View?dp=1&key=2255115-65dc1b66cfb5a024ebf111e38415f9ef&start=10920&end=11705","https://assets.pipeline.soar.com/2255115-65dc1b66cfb5a024ebf111e38415f9ef/thumbnail_10920000.jpg","/articles/6342427/North-Dakota/Senate-considers-expanding-25-insulin-cap-from-state-plan-to-portions-of-the-commercial-market","https://secure.pipeline.soar.com/6342427-26f344e30939b5f162e1827374bd24bd/orig.mp4?Expires=1770445509&Signature=megjedIPN4TI9Pv7uxZIKmDAwhxiy2LmXH8iOaV9Eu4aY0UXz-wRLYDjIjs-YSb04JWLHTHbiOamQsu1ATvTidTBK0V9EfK4WFdFb8oCPL9x8mmydo9gME085-YtQCjCAkKTKLgX0yhNhm1m~Wc86ClCQ8BK48q5mQtJBA089BzxybXc8KfV9eWYrPMMNdBNzPX1S62kLTEq6sPgVp6rkD8vjinbI2BfkTH77NQg5qVp9EMYeYV6xgVOeoIAvgeZj1yPdd2it~YSJed8TbeoS6dBHyJI3EVpu9rDAd6jTPMxmyOKEpZIwYEjBXC~Jw-4I0wr6jnAAenDeO5TJ5cJRg__&Key-Pair-Id=KUT5TJCACFTXG","Senate Bill 2,370 would expand a $25 monthly cap on insulin and certain diabetic supplies beyond the PERS pilot program to the state\u0000regulated commercial market, sponsor Sen. Sean Cleary told the Senate Human Services Committee.

Cleary said the underlying PERS pilot (created by a prior session bill) showed member savings of roughly $80 per month per affected member and an estimated increase in premium on the PERS plan of about 0.14 percent. Rebecca Fricke, executive director of the Public Employees Retirement System, told the committee PERS\u0000actuarial analysis estimated continuing the cap for the upcoming biennium would increase premium by approximately 0.12 percent or roughly $1.0 million total (about $834,000 for state agencies and $160,000 for participating political subdivisions). PERS recommended continuation for its plan but did not recommend extending the mandate to the broader commercial market without further study.

Advocates testified that the cap improves affordability and reduces dangerous rationing. Danelle Johnson, a North Dakota parent and longtime advocate, described families that have faced large out-of-pocket insulin bills and said the state should \"help all the people we can.\" Other witnesses included parents and nonprofit representatives such as AARP North Dakota and the North Dakota Hospital Association, who urged the committee to consider expanding access.

Insurers urged caution. Dylan Wheeler of Sanford Health Plan and Megan Ruby of Blue Cross Blue Shield of North Dakota said most carriers already offer caps or programs to limit insulin cost exposure, including an existing $25 cap in the ACA individual/small-group market under the state\u0000s essential health benefits and federal protections such as Medicare\u0000s $35 insulin cap. Blue Cross argued state insurance mandates apply only to fully insured plans and do not reach ERISA self-funded employer plans, which cover a significant share of North Dakotans; the carrier warned mandates shift costs to policyholders and employers and asked lawmakers to prioritize root-cause reforms rather than additional mandates.

PERS and its consultant Deloitte reviewed other states and concluded the pilot had modest budgetary effects for PERS and that manufacturers\u0000price reductions during the pilot (Eli Lilly and Novo Nordisk reduced list prices) reduced plan reimbursements in the latter half of the pilot year, moderating costs. PERS estimated the cap would add roughly $2.07 per contract for state agencies when spread across contracts.

The committee heard extensive personal testimony from patients and parents describing how insulin costs affect daily life, educational and career planning, and family finances. Opponents including the Greater North Dakota Chamber argued mandates increase premium costs for businesses and may prompt small employers to lose grandfathered plans or exit the market.

No committee vote was recorded during the hearing. Committee members and witnesses recommended technical drafting adjustments, and the Insurance Department said it would circulate a house-side amendment to align statutory language with existing insurance-code definitions.

Ending: The hearing produced detailed cost estimates from PERS and strong personal testimony from patients and advocates; insurers and business groups urged careful consideration of cost-shifting effects and regulatory scope.","Senate Bill 2,370 would extend a $25 monthly cap on insulin and diabetic supplies, adopted as a PERS pilot, into parts of the regulated commercial market; proponents cited member savings and minimal premium impact in the PERS pilot while insurers and business groups warned mandates can raise overall premiums and urged alternative approaches.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6342433,"Bill would let state forensic examiner share inmate autopsy reports with Department of Corrections",1256,6104000,7360000,"/Search/View?dp=1&key=2255115-65dc1b66cfb5a024ebf111e38415f9ef&start=6104&end=7360","https://assets.pipeline.soar.com/2255115-65dc1b66cfb5a024ebf111e38415f9ef/thumbnail_6104000.jpg","/articles/6342433/North-Dakota/Bill-would-let-state-forensic-examiner-share-inmate-autopsy-reports-with-Department-of-Corrections","https://secure.pipeline.soar.com/6342433-e9c69e59f94d499fc0dad90966647de3/orig.mp4?Expires=1770445509&Signature=IXxUNelc2vgQZcFSbrMuEQ4PDI3k3KiD44UmeQcJVe-VMbtuLKYVpTXa9Svex-~ivhnTku57ToGLmduuBzkVx2cva-FUGO7cTlTuiz1SjEsTfVcksbY5oMALkjRw765HjaGu0-~Fo9FQ-HP~82DGEqfAczeoaE2NUhR1MQIvaPm1Re-t97RCn6ZCihGCrcStscV0DBrAC9-AhRL2CSfFXqRQqltuE7CXdyKw1vlfKyGIQhHQ3MaTheknDboB4rw~WZHiG8l3H-3E3LQ0bY7GMRuV4uyGmi7zvCe6prunccCUfMk0MoEEi4n4-Pmoyml0RgKaNywSkWkiCs6uNm-etg__&Key-Pair-Id=KUT5TJCACFTXG","House Bill 11-16 would amend North Dakota law to allow the state forensic examiner to disclose copies of autopsy reports to the Department of Corrections and Rehabilitation when the deceased was an inmate in county, regional or state correctional facilities, Joseph Sharvitt, deputy director of facility inspections for DOCR, told the Senate Human Services Committee.

Sharvitt said timely access to autopsy reports helps DOCR inspectors determine causes of death and identify corrective steps. He offered an example: if an autopsy shows an opioid overdose, inspectors can focus on staff training about opioid signs and ensure Naloxone is available. Sharvitt said the statutory change would prevent autopsy reports from \"sitting on somebody's desk for weeks\" and would allow inspectors to act faster to improve facility safety.

Committee members asked whether facilities currently provide autopsy reports to the department; Sharvitt said facilities have historically provided them but the new language would authorize a direct disclosure from the state forensic examiner to DOCR and reduce delays. A county official on the record agreed delays have sometimes impeded timely inspections.

The committee approved a do-pass motion on House Bill 11-16. Senator Hogan moved the measure and Senator Van Osteen seconded. On roll call the committee voted 6-0 in favor (Senators Lee, Weston, Roars, Hogan, Van Osteen and Clemens). Senator Clemens volunteered to carry the bill forward.","House Bill 11-16 would authorize the state forensic examiner to disclose autopsy reports to the Department of Corrections and Rehabilitation when the deceased was an inmate in county, regional or state correctional facilities; DOCR said access would speed inspections and allow targeted safety changes.",{"_33":101,"_35":36,"_37":38,"_39":102,"_41":103,"_43":92,"_45":104,"_47":105,"_49":95,"_51":106,"_53":107,"_55":56,"_57":58,"_59":108,"_61":62,"_63":64,"_65":109,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6342438,"Committee advances bill to allow cross-border behavioral health treatment for people on probation or parole",1062,7166000,"/Search/View?dp=1&key=2255115-65dc1b66cfb5a024ebf111e38415f9ef&start=6104&end=7166","/articles/6342438/North-Dakota/Committee-advances-bill-to-allow-cross-border-behavioral-health-treatment-for-people-on-probation-or-parole","https://secure.pipeline.soar.com/6342438-6a4037140ca7e5c5c1157f43035fdad9/orig.mp4?Expires=1770445509&Signature=cu61TpXZCz4liNIoMuVpS7yI4VpH6HhqryYrWM7K6zvxrMl6UFfsOD5H089lcMn4jbSOXblHpiN8ust5SJ595XraXBin-aLnVKbWLJLXjI9OaAgIhzSYUjaNyjyxAz-7yTbe8SlQSSzaqWYkLvOeMYPX~cBXdSrW2qeoOUzJ1vhWY5L79xT4e7I33KAjtWJNKQ1REh1yOXR~O8VVy3Pw54mMt-jJ06ripGNylgqsiam6ZNeKDwERRnHLbLzdcd0lrWYIrqd7gDjoWBg5qAIhSeW0QgDql7gwQCSZolNYsrxR7Kl3hcc0ptY0m9o2j8BMnbuMCUhraZqzcx8jE0YHzQ__&Key-Pair-Id=KUT5TJCACFTXG","House Bill 11-08 would expand existing interstate treatment agreements to permit people on probation or parole to receive mental-health or substance-use treatment across state lines, sponsor Sen. Tim Matherne told the Senate Human Services Committee.

Matherne said the change would remove a barrier for shared border communities such as Moorhead-Fargo and Grand Forks-East Grand Forks where different facilities provide complementary services (for example, medical detox in Moorhead and hospital-based psychiatric care in Fargo). He described safeguards that require interstate agreements between jurisdictions and said a similar bill was under consideration in the Minnesota legislature.

Multiple health systems and hospitals testified in favor, including Altru Health System and Prairie St. John\u0000s (represented by witnesses from Altru and others in the record), saying the change would increase access to treatment for people supervised by corrections and could reduce recidivism by improving treatment availability. Matherne said corrections and law-enforcement partners have advocated for the measure, arguing that punishment alone does not reduce reoffending without treatment.

The committee moved the bill forward on a do-pass recommendation. Senator Rhodes moved the do-pass motion and Senator Van Osteen seconded. On a roll call the bill passed the committee 6-0: Senators Lee, Weston, Roars, Hogan, Van Osteen and Clemens voted aye.

Ending: The committee recorded the bill as passed in committee and Sen. Van Osteen volunteered to carry the bill forward in the Senate.","House Bill 11-08, carried in the Senate by Sen. Tim Matherne, would authorize interstate agreements so people on probation or parole can receive treatment across state lines; committee voted 6-0 to pass the bill and designated a carrier in committee.",{"_33":111,"_35":36,"_37":38,"_39":112,"_41":113,"_43":114,"_45":115,"_47":116,"_49":117,"_51":118,"_53":119,"_55":56,"_57":58,"_59":120,"_61":62,"_63":64,"_65":121,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6342443,"Bill would bar insurers from contract clauses that block dentists from charging patients for denied services",1032,4491000,5523000,"/Search/View?dp=1&key=2255115-65dc1b66cfb5a024ebf111e38415f9ef&start=4491&end=5523","https://assets.pipeline.soar.com/2255115-65dc1b66cfb5a024ebf111e38415f9ef/thumbnail_4491000.jpg","/articles/6342443/North-Dakota/Bill-would-bar-insurers-from-contract-clauses-that-block-dentists-from-charging-patients-for-denied-services","https://secure.pipeline.soar.com/6342443-0ed38040428b8f97b184fb4a7807a1d0/orig.mp4?Expires=1770445509&Signature=CnaCan9WumsCKJrBph-Yu72W8UmfCJR76YZBkEPmFA7qX1DBkCQWIgF6aL1kEfNZYfVdBkGnZukhsXxd01s3YmKmmd-bryBIrb9oSuc51u2Gjs57BkkpIE5rMTPgvfWi0m2bV7a5wwh1m~P0VMIp6mOdwjyevyXbzdr21om6IBLQxxnjXJ5~3CTsFxbzP9YDEZUNCz7UFjDvtIP36Fy~CNQaUS2o54D9OMMA24HC4PpF7yj8Ew54pErYh5E4EsOhjvUus5j3uUfR6PQXAm866IpjPOTp1X2AMYskvgYM-3kvlUBhIa3eCTgbFaXaFQXXfTlFwlY1cc5qHt9-UYsU5Q__&Key-Pair-Id=KUT5TJCACFTXG","Senate Bill 2,377 would prohibit preferred-provider arrangements from restricting a covered person\u0000the patient\u0000from receiving additional dental care services that are denied under the plan\u0000and would prevent carriers from using contract clauses that stop a dentist from collecting payment the patient wishes to make.

William Sherwin of the North Dakota Dental Association told the committee that carriers have inserted \"disallow clauses\" into contracts that deny certain services (for example, additional cleanings beyond a plan\u0000s frequency limit, an upgraded filling material, or a root canal the carrier deems noncovered) and then prohibit the dentist from collecting payment from the patient for the selected service. Sherwin characterized those clauses as an end run around the state\u0000s noncovered-services law and said they limit the dentist\u0000patient treatment choice.

Sherwin explained that, under the proposal, when a service is denied as noncovered the patient would still be able to elect the service and pay the provider under the contract\u0000so long as the payment mechanics follow the law. He said the bill preserves the insurer\u0000s ability to deny coverage but prevents carriers from inserting contractual terms that interfere with the doctor\u0000patient relationship and prevent patients from paying for care they want.

Crystal Bartuska of the Insurance Department described the statutory history: a 2011 change to the noncovered-services language had sought to prevent carriers from setting fees for services they did not reimburse. She said carriers had later used contract language to restrict dentists from collecting for noncovered services, producing the current problem the bill seeks to fix.

Committee members asked for clarity on implementation questions such as whether the patient\u0000s payment would be the negotiated in-network rate or a full provider-set price when a carrier denies coverage. Sherwin said the current drafting leaves in-network reduced rates in place for covered services that become denied; one amendment under discussion would revert to the provider\u0000s fee schedule if a carrier refused payment, an issue the committee may parse further.

No committee vote on SB 2,377 was recorded during the hearing. Supporters asked the committee to act to protect patients and local practices from clauses they said deny patient choice and interfere with informed treatment planning.

Ending: Supporters framed the bill as a narrow protection of the doctor-patient relationship; insurers urged careful drafting to avoid unintended pricing consequences for employers and for plans.","Senate Bill 2,377 (heard as related item) would prevent preferred-provider arrangements from contractually prohibiting dentists from collecting payment from patients for services insurers deny; proponents said the change protects the doctor-patient relationship and patient choice when carriers use frequency, material or coverage limits.","actionData","errors"]

Article not found

Senate bill would allow dental offices to jointly negotiate with insurers, shift arbitration to OAH

Senate considers expanding $25 insulin cap from state plan to portions of the commercial market

Bill would let state forensic examiner share inmate autopsy reports with Department of Corrections

Committee advances bill to allow cross-border behavioral health treatment for people on probation or parole

Bill would bar insurers from contract clauses that block dentists from charging patients for denied services