The proposed bill establishes a framework for joint negotiations between dental providers and dental insurers in North Dakota by introducing a new section to chapter 43-28 of the North Dakota Century Code. This allows two or more dental providers to voluntarily negotiate with insurers on non-fee-related matters, such as definitions of medical necessity and clinical practice guidelines. The bill outlines the negotiation initiation process, which includes notifying the attorney general and obtaining authorization, and mandates that negotiations be conducted in good faith, with penalties for non-compliance. Additionally, it amends section 54-57-07 to clarify the responsibilities of the office of administrative hearings regarding compensation for administrative law judges involved in these negotiations, ensuring that dental insurers cover the associated costs.

Furthermore, the bill provides for the appointment of a "joint negotiation representative" by independent dental providers to negotiate terms with insurers, requiring express permission from the attorney general. Once an agreement is reached, it must be submitted to the attorney general for review within a specified timeline, ensuring compliance with fairness and market power considerations. The bill explicitly states that it does not apply to dental benefit plans for individuals eligible for medical assistance and prohibits coordinated actions that could limit dental services or violate federal antitrust laws. The attorney general is also empowered to adopt necessary rules to implement these provisions effectively.

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