North DakotaSB 23752025 Regular SessionSenateWALLET

AN ACT to create and enact a new section to chapter 43-28 of the North Dakota Century Code, relating to joint negotiations by dental providers with dental insurers.

Sponsored By: Jose L. Castaneda (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Insurers pay costs for state hearings

The Office of Administrative Hearings charges for administrative law judge services and related staff support. Dental insurers must pay the Office’s costs for these dental negotiation cases, following state payment rules. Agencies, local and tribal governments, courts, and nongovernmental entities that use the Office also pay these costs. All payments go into a special administrative hearings fund that pays salaries, operating costs, and travel set by state rates.

Dentists can jointly negotiate with limits

Dentists in an insurer’s service area can work together to negotiate non-fee contract terms, like medical-necessity rules, reviews, quality programs, referrals, and other plan rules. They can bargain over fees only after the Office of Administrative Hearings finds the insurer has substantial market power and the terms threaten care. A joint negotiation representative needs permission from the Office. Any deal must be filed with the Office, which has 30 days to approve or require fixes; it does not take effect until approved. All talks must be in good faith, and the Office may sanction bad-faith conduct. The law does not apply to plans that mainly serve Medicaid enrollees. The law defines fee topics, such as payment amounts, discounts, paid procedure codes, and code groupings. The Office will set detailed rules and procedures.

Voluntary dentist talks need AG approval

Before starting voluntary joint talks on non-fee issues, the representative must notify the Attorney General in writing with required details. The Attorney General has 90 days to decide, with one 30-day extension if all parties agree. If authorized, providers may negotiate through a representative the Attorney General approves. Any proposed terms must be sent back to the Attorney General for review; contracts take effect only after approval within the 90-day window.

Sponsors & Cosponsors

Sponsor

  • Jose L. Castaneda

    Republican • Senate

Cosponsors

  • Mitch Ostlie

    Republican • House

  • Don Vigesaa

    Republican • House

  • Jeff Barta

    Republican • Senate

  • Brad Bekkedahl

    Republican • Senate

  • Judy Lee

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 158 • No: 24

Senate vote 4/15/2025

Second reading, passed, yeas 44 nays 2

Yes: 44 • No: 2

House vote 3/28/2025

Second reading, passed as amended, yeas 78 nays 14

Yes: 78 • No: 14

Senate vote 2/14/2025

Second reading, passed, yeas 36 nays 8

Yes: 36 • No: 8

Actions Timeline

  1. Filed with Secretary Of State 04/22

    4/24/2025House
  2. Signed by Governor 04/21

    4/23/2025Senate
  3. Sent to Governor

    4/18/2025Senate
  4. Signed by President

    4/18/2025Senate
  5. Signed by Speaker

    4/18/2025House
  6. Second reading, passed, yeas 44 nays 2

    4/15/2025Senate
  7. Concurred

    4/15/2025Senate
  8. Returned to Senate (12)

    3/31/2025Senate
  9. Second reading, passed as amended, yeas 78 nays 14

    3/28/2025House
  10. Amendment adopted, placed on calendar

    3/27/2025House
  11. Reported back amended, do not pass, placed on calendar 8 5 1

    3/26/2025House
  12. Committee Hearing 10:00

    3/11/2025House
  13. Introduced, first reading, referred Industry, Business and Labor Committee

    2/18/2025House
  14. Received from Senate

    2/17/2025House
  15. Second reading, passed, yeas 36 nays 8

    2/14/2025Senate
  16. Amendment adopted, placed on calendar

    2/13/2025Senate
  17. Reported back amended, do pass, amendment placed on calendar 5 0 1

    2/12/2025Senate
  18. Committee Hearing 09:00

    2/10/2025Senate
  19. Committee Hearing 09:30

    2/3/2025Senate
  20. Introduced, first reading, referred Human Services Committee

    1/27/2025Senate

Bill Text

  • Adopted by the House Industry, Business and Labor Committee

  • Enrollment

  • FIRST ENGROSSMENT

  • FIRST ENGROSSMENT with House Amendments

  • INTRODUCED

  • Prepared by the Legislative Council staff for Senator Castaneda

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