State guide

North Dakota

Pick the kind of plan you have to see who to call first. North Dakota can only help with plans it regulates.

On this page 8

Which plan do you have? Who to call first, by coverage

The short version for North Dakota

North Dakota has a state external review run by independent reviewers, with a binding decision, a filing fee capped at $25 that is refunded if you win, and a four month filing window. A new prior authorization law took effect January 1, 2026, with 72 hour decisions for urgent requests, doctor-level reviewers and automatic approval when an insurer misses a deadline. The state has no dedicated health insurance ombudsman: the Insurance Department's consumer staff and Legal Services of North Dakota are the main free helpers.

At a glance: independent review for plans North Dakota regulates

This box is for insurance you buy, or an employer plan bought from an insurer. It is not for Medicaid, Medicare or a plan your employer funds itself.

Main regulator
North Dakota Insurance Department · (701) 328-2440
Independent review
A state process (External review by an Independent Review Organization)
Deadline to request it
Up to 4 months after you receive notice of the denial (your insurer may allow longer).
Cost
Your insurer may charge a filing fee of no more than $25 (no more than $75 in a plan year); it must be refunded if the denial is reversed and waived if it causes undue hardship. The insurer pays the reviewer. For older grandfathered plans (issued before March 23, 2010) you pay the review costs if the denial is upheld.
Decision time
45 days from the independent reviewer's receipt of the request; fast track: 72 hours from the reviewer's receipt of the request

Your own notice states the deadline and process for your plan, and controls if it differs. Plans your state does not regulate (for example job-based plans the employer funds itself) follow federal rules; see who regulates your plan.

Who regulates health plans

Independent (external) review

Process
A state process. Run by North Dakota Insurance Department, which randomly assigns an independent review organization it contracts with (for plans issued March 23, 2010 or later).
Where you file
either
How
After you receive your insurer's final internal appeal decision, file a request for external review with your insurer or with the Insurance Commissioner. The Insurance Department's page does not print a request form or address; contact the Department at (701) 328-2440 or insurance@nd.gov (600 E Boulevard Ave., Bismarck, ND 58505-0320), or ask your insurer for its external review form. The independent reviewer must allow you up to five business days to send extra information.
Which denials qualify
Decisions based on medical necessity, appropriateness, health care setting, level of care or effectiveness (including experimental or investigational treatment), and cancellation of coverage with retroactive effect (rescission). There is no minimum dollar amount. Grandfathered plans (issued before March 23, 2010) can use external review only for whether care was medically necessary.
Appeal to the plan first?
Yes in most cases. You may skip the internal appeal if you and the insurer both agree, or, for plans issued March 23, 2010 or later, if you need immediate treatment and waiting could jeopardize your life or health, in which case you can ask for expedited external review right away. North Dakota law does not require grandfathered plans to offer expedited review.

Official page

General rules and what to send: how external review works, how to request it.

Free help in North Dakota

Medicare and Medicaid in North Dakota

Medicare counseling
State Health Insurance Counseling Program (SHIC), North Dakota Insurance Department · (888) 575-6611 . Free help with Medicare appeals.
Medicaid agency
North Dakota Health and Human Services (North Dakota Medicaid)
Fair hearing deadline
30 days from the date the notice of action was mailed. If your Medicaid is run by a managed care plan: no later than 120 days from the date of the plan's notice upholding its denial. Your notice states the deadline that applies to you.
Good to know
You can appeal by phone, email, fax or mail to the Appeals Supervisor, Legal Advisory Unit: (701) 328-2311, toll free (800) 472-2622, dhslau@nd.gov, fax (701) 328-2173, 600 E. Boulevard Ave., Dept. 325, Bismarck, ND 58505-0250. Form SFN 162 (Request for Hearing) can be used but is not required. If you are in a managed care plan (for example Medicaid Expansion run by Blue Cross Blue Shield of North Dakota), you must first appeal to the plan within 60 days; to keep benefits going during the appeal, one plan's handbook says to request continuation within 10 days of the plan's appeal decision notice.

Medicaid appeals page How Medicaid appeals work

State laws that can help

State laws usually reach only plans your state regulates. They often do not reach job-based plans the employer funds itself.

Sources and what we could not confirm

Read from official pages on . Phone numbers and deadlines change; check the official page before you rely on one.

  1. North Dakota Insurance Department: Health insurance, including External Review
  2. North Dakota Insurance Department: Complaints
  3. North Dakota Insurance Department: State Health Insurance Counseling (Medicare)
  4. North Dakota Century Code section 26.1-36-46 (FindLaw)
  5. Enrolled Senate Bill 2280 (2025): prior authorization, chapter 26.1-36.12
  6. North Dakota Century Code chapter 26.1-36.12 (Justia)
  7. Senate Bill 2248 (2025): step therapy for metastatic cancer
  8. North Dakota Health and Human Services: File an Appeal (Medicaid)
  9. N.D. Admin. Code 75-01-03-06: Time limit on appeals (Cornell Legal Information Institute)
  10. Blue Cross Blue Shield of North Dakota: Medicaid Expansion Handbook 2026
  11. Legal Services of North Dakota
  12. Centers for Medicare & Medicaid Services: North Dakota Consumer Assistance
  13. State Health Insurance Assistance Programs: North Dakota
Not confirmed (14)
  • Not confirmed. externalReview.howToFile / formUrl — the Insurance Department's page says to file with the insurer or the Commissioner but prints no form, mailing address for requests, or email for external review; the contact details given are the Department's general ones. No standalone request form was found.
  • The deadline to request independent review. the Department's page says external review requests must be submitted 'within four months from the date of the denial' while the statute says four months after receipt of the notice; both are shown as up to four months, so file early.
  • Which denials qualify for independent review. taken from the statute (section 26.1-36-46) as read on FindLaw's copy, not an official state site; the Department's page lists the same categories for plans issued March 23, 2010 or later.
  • Published results of independent review. no North Dakota external review overturn statistics were found, so null.
  • The state regulators. (701) 328-2440 is printed on the Department's pages; (800) 247-0560 appears on the federal consumer assistance page and a third-party site but was not seen on a Department page, so it is attributed accordingly.
  • The state regulators. the Department's page names the U.S. Department of Labor as regulator of self-funded plans and says states generally cannot investigate them; it does not say how to check whether your plan is self-funded, so jurisdictionTip is null.
  • Free consumer help programs. North Dakota has no designated federal Consumer Assistance Program; the federal list names the Insurance Department. The North Dakota Attorney General's consumer protection page (the AG consumer line is (701) 328-3404) was loaded but does not list health insurance, so it is not included.
  • Free consumer help programs. Legal Services of North Dakota's page lists no specific Medicaid, Medicare or insurance-denial services and no income limits.
  • The Medicaid fair hearing deadline. the 30-day rule is on the Health and Human Services page; the 120-day managed care rule is in N.D. Admin. Code 75-01-03-06(4), read through the Cornell Legal Information Institute copy. The 60-day plan appeal and 10-day continuation of benefits come from one plan's handbook (Blue Cross Blue Shield of North Dakota) and were not confirmed on a state page.
  • The state's Medicare counseling program. the Department's page labels the program 'State Health Insurance Assistance Program' while the federal list uses 'State Health Insurance Counseling Program (SHIC)'; the SHIC name is used.
  • Not confirmed. stateLaws (prior-authorization and the emergency/opioid treatment entry) — read from the enrolled bill text of Senate Bill 2280, which sets an effective date of January 1, 2026; the codified chapter was not compared and the bill applies to commercial health benefit plans, not to Medicaid or the state employee plan.
  • Not confirmed. stateLaws (step-therapy) — the metastatic cancer rule was read in the text of 2025 Senate Bill 2248, which amends section 19-02.1-16.3; the added coverage for conditions associated with metastatic cancer applies only to the state employee plan and expires June 30, 2027. A separate 2025 step therapy exception law for the state employee plan was seen only on a bill-tracking site.
  • Not confirmed. stateLaws (surprise-billing, mental-health-parity, denial-notice, ai-in-utilization-review) — no North Dakota law on these topics was researched or confirmed.
  • Not confirmed. stateLaws (gold-card) — no North Dakota law exempting high-approval doctors from prior authorization was found; the 'other' entry lists the specific prior authorization bans instead.

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