Key Takeaways

  • North Dakota uses the federal HealthCare.gov marketplace for ACA coverage
  • The North Dakota Insurance Department regulates health insurance in the state
  • Pre-existing condition exclusions are prohibited under ACA-compliant plans
  • North Dakota has mental health parity requirements for group health plans
  • Small group is defined as 1-50 employees in North Dakota
Last updated: January 2026

North Dakota Health Insurance Policy Requirements

North Dakota has health insurance regulations that work alongside federal requirements under Title 26.1 of the North Dakota Century Code.

Regulatory Structure

North Dakota health coverage is regulated by the North Dakota Insurance Department:

AgencyRole
North Dakota Insurance DepartmentRegulates all health insurance, reviews rates and forms
Federal CMSOperates the HealthCare.gov marketplace for North Dakota

Health Insurance Marketplace

North Dakota uses the federal HealthCare.gov marketplace:

  • Federally facilitated marketplace
  • Provides access to qualified health plans (QHPs)
  • Premium tax credits available for eligible residents
  • Open enrollment and special enrollment periods apply

Metal Tier Plans

TierActuarial ValueCost Sharing
Bronze60%Higher out-of-pocket costs
Silver70%Moderate cost sharing
Gold80%Lower out-of-pocket costs
Platinum90%Lowest out-of-pocket costs

Small Group Definition

North Dakota defines small employer groups as:

  • 1 to 50 employees (can include sole proprietors)
  • Must include at least one eligible employee
  • Self-employed individuals may qualify

Pre-Existing Condition Protections

North Dakota prohibits pre-existing condition exclusions in ACA-compliant plans:

Market SegmentPre-Existing Condition Exclusions
IndividualProhibited
Small GroupProhibited
Large GroupLimited by federal law

Guaranteed Issue and Renewal

North Dakota requires:

Guaranteed Issue

  • Insurers must accept all applicants for ACA-compliant plans
  • Cannot deny coverage based on health status
  • Applies to individual and small group markets

Guaranteed Renewal

  • Insurers cannot cancel coverage except for:
    • Non-payment of premium
    • Fraud or misrepresentation
    • Plan discontinuation (with proper notice)

Mental Health Parity

North Dakota has mental health parity requirements:

State Parity Law Requirements

North Dakota law requires group health plans to provide:

  • Mental health coverage comparable to medical/surgical coverage
  • Substance use disorder treatment coverage
  • No financial requirements more restrictive than medical

Federal MHPAEA Compliance

North Dakota requires insurers to comply with the federal Mental Health Parity and Addiction Equity Act (MHPAEA):

  • Financial requirements must be comparable
  • Treatment limitations must be comparable
  • Prior authorization requirements must be comparable
  • Out-of-pocket costs must be comparable

Exam Tip: North Dakota requires mental health benefits to be provided at parity with medical/surgical benefits for group health plans.

Essential Health Benefits

All individual and small group plans must cover:

  1. Ambulatory patient services
  2. Emergency services
  3. Hospitalization
  4. Maternity and newborn care
  5. Mental health and substance use disorders
  6. Prescription drugs
  7. Rehabilitative services
  8. Laboratory services
  9. Preventive and wellness services
  10. Pediatric services (including dental and vision)

Claims Handling Requirements

North Dakota has specific claims handling timeframes for health insurance:

RequirementTimeframe
AcknowledgmentReasonable promptness
Clean Claims30 days typical
Denial NoticeMust provide written explanation

External Review

North Dakota provides external review rights:

  • Consumers can appeal denied claims
  • Independent external review available
  • Binding decision on insurer
Test Your Knowledge

Which marketplace does North Dakota use for individual health insurance under the ACA?

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Test Your Knowledge

How does North Dakota define a small employer for health insurance purposes?

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Test Your Knowledge

What does North Dakota law require for mental health coverage in group health plans?

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Test Your Knowledge

Can North Dakota health insurers deny coverage based on pre-existing conditions?

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Test Your Knowledge

What rights do North Dakota consumers have when a health insurance claim is denied?

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