North Dakota Code § 26.1-36-26

Dual choice option on group health coverage - Minimum conditions -
Open in Lexace · Ask the AI about this section
Transfer of coverage.
If an existing or prospective employer group desires a dual choice option between a 
nonprofit health service corporation or an insurance company and a health maintenance 
organization, the dual choice option may be made available to the employees in the group only 
if all of the following conditions are met:
1. There are at least fifteen employees in the group.
2. The group shall maintain the highest enrollment percentage as specified in the 
underwriting manual of the nonprofit health service corporation, the insurance 
company, or the health maintenance organization, and the health maintenance 
organization enrollees must be combined with subscribers of nonprofit health service 
corporations or insureds of insurance companies in meeting the percentage 
requirements.
3. An employee must be allowed to transfer between coverage offered by a health 
maintenance organization and coverage offered by a nonprofit health service 
organization or insurance company on the group's anniversary date as specified in the 
master contract with the group, except a special opening must be offered at the 
group's request for the following reasons:
a. Upon a group's initial offering of a dual choice plan in addition to existing 
coverages offered by a nonprofit health service corporation or an insurance 
company.
b. When a group discontinues offering a dual choice plan with a health maintenance 
organization to request open enrollment into the group offered by the nonprofit 
health service corporation or the insurance company.

c. If the group offers both coverage by a nonprofit health service corporation or an 
insurance company and a health maintenance organization and an individual 
employee enrolled in the health maintenance organization transfers within the 
same company but leaves the service area of the health maintenance 
organization, the employee must be allowed to enroll in the plan offered by the 
nonprofit health service corporation or the insurance company at the time of 
transfer.
d. Any group that offers health coverage to its retired employees by a nonprofit 
health service corporation or an insurance company and a health maintenance 
organization must advise the employees who are enrolled under their present 
coverage that they may change to other coverage offered at the time of 
retirement, and if the employees who retire elect to retain or change their present 
coverage, the employees will no longer be eligible to change coverage after 
retirement.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.