North Dakota Code § 26.1-02-05.2

Nonprofit agricultural membership organizations
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1. Except as provided under this section, a nonprofit agricultural membership 
organization is not subject to this title or the jurisdiction of the commissioner. Health 
care coverage provided by a nonprofit agricultural membership organization to 
members of the organization is not insurance regulated under this title.
2. Any risk arising out of the health care coverage provided by a nonprofit agricultural 
membership organization or an affiliate of the organization must be reinsured by a 
company authorized to conduct insurance in this state.
3. A nonprofit agricultural membership organization may not provide health care 
coverage under this section unless the organization has filed with the commissioner 
verification the organization meets the requirements of this section.
4. Health care coverage under this section may be sold only by an insurance producer 
who is both appointed by the nonprofit agricultural membership organization and 
licensed as an insurance producer to sell or solicit health insurance in this state.
5. Health care coverage under this section must provide benefits under a self-funded 
arrangement administered by an entity that holds a certificate of authority under 
section 26.1-27-03.
6. A health care coverage application for coverage under this section and any related 
contract provided to the member prominently must state the health care coverage is 
not insurance, is not provided by an insurance company, is not subject to the laws and 
rules governing insurance, and is not subject to the jurisdiction of the commissioner.
7. As used in this section, "nonprofit agricultural membership organization" means an 
organization incorporated under the laws of this state before August 1, 2023, for the 
purpose of promoting the interests of farmers in the state, or an affiliate of the 
organization, which organization or affiliate provides health care coverage for 
members and the families of the members pursuant to a contract between the member 
and the organization or affiliate.

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