This bill introduces a new section to chapter 43-28 of the North Dakota Century Code, allowing dental providers to engage in voluntary non-fee-related joint negotiations with dental insurers. Before initiating these negotiations, a joint negotiation representative must notify the attorney general in writing, detailing the matters to be negotiated, the identities of the participating dental providers and insurers, and the reasons for the negotiations. The attorney general will review the notice to ensure compliance with legal standards and public policy, and will provide a determination within ninety days, considering factors such as market power, potential anticompetitive effects, and the anticipated benefits of the negotiations.

Once authorized, dental providers can negotiate various non-fee-related matters, including clinical practice guidelines and quality assurance programs, while ensuring that any agreements reached are submitted to the attorney general for review. The bill also stipulates that the attorney general may adopt necessary rules and procedures to implement this section. Importantly, the provisions do not apply to dental benefit plans for individuals eligible for medical assistance and do not permit coordinated reductions in dental services or activities that are not prohibited under federal antitrust law.

Statutes affected:
Prepared by the Legislative Council staff for Senator Castaneda: 54-57-07
FIRST ENGROSSMENT: 54-57-07