21.0646.01000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1139
of North Dakota
Introduced by
Representative Keiser
Senator Klein
1 A BILL for an Act to create and enact section 65-05-40 of the North Dakota Century Code,
2 relating to duration limits for opioid therapy and benzodiazepine; and to provide for application.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. Section 65-05-40 of the North Dakota Century Code is created and enacted as
5 follows:
6 65-05-40. Opioid therapy and benzodiazepine duration limits - Termination of
7 coverage.
8 1. The organization may not pay for opioid therapy that exceeds ninety morphine
9 milligram equivalents of opioid medication per day, or more than a seven-day supply of
10 an opioid medication within any single outpatient transaction during the initial thirty-day
11 period of opioid therapy.
12 a. The limitations do not apply to:
13 (1) Opioid therapy prescribed for active and aftercare cancer treatment;
14 (2) End-of-life and hospice care;
15 (3) Treatment for substance use disorder;
16 (4) An emergency room setting;
17 (5) An inpatient hospital setting;
18 (6) A long-term care facility setting; or
19 (7) An assisted living facility setting.
20 b. Opioid therapy includes controlled substances listed in subsections 3 and 4 of
21 section 19-03.1-07, subsection 6 of section 19-03.1-09, subsection 3 of section
22 19-03.1-11, subsections 3 and 4 of section 19-03.1-13, or any substance with
23 similar properties or affects.
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 Sixty-seventh
Legislative Assembly
1 2. The organization may not pay for benzodiazepine therapy beyond a cumulative
2 duration of four weeks, except when approved by the organization for the treatment of
3 an anxiety disorder. Benzodiazepine therapy includes controlled substances contained
4 in subdivisions a, i, j, k, l, p, r, v, x, ee, mm, qq, xx, yy, aaa, and ccc of subsection 4 of
5 section 19-03.1-11, or any substance with similar properties or affects.
6 3. The organization may not pay for any combination therapies that include controlled
7 substances from subsections 1 and 2 concurrently.
8 4. A review of requests to depart from the established limits in subsections 1, 2, and 3,
9 upon a showing of medical necessity, are dispute resolution decisions under section
10 65-02-20.
11 SECTION 2. APPLICATION. An injured employee receiving any therapy exceeding the
12 therapy limits in section 1 of this Act on the effective date of this Act must be in compliance with
13 the limits by July 1, 2022, at which time the organization shall terminate coverage for any
14 therapy exceeding the limits.
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