NORTH DAKOTA EXCLUSIVE STATE FUND
An injured employee may select a doctor of that injured employee's choice to render initial treatment. (N.D. Cent. Code, § 65-05-28)
Employer or Carrier Selects
If the employer has designated a preferred provider, the employer selects during the first 30 days after injury unless the employee has pre-designated a provider before the date of injury.
(N.D. Cent. Code, § 65-05-28.2(1) &(2))
Change of Provider
No injured employee may change from one doctor to another while under treatment or after being released, without the prior written authorization of the organization. Failure to obtain approval of the organization renders the injured employee liable for the cost of treatment and the new doctor will not be considered the attending doctor for purposes of certifying temporary disability. Any injured employee requesting a change of doctor shall file a written request with the organization stating all reasons for the change. Upon receipt of the request, the organization will review the injured employee's case and approve or deny the change of doctor, notifying the employee and the requested doctor. (N.D. Cent. Code, § 65-05-28 (1))
If the employer has designated a preferred provider, after 30 days have passed following the injury, the employee may make a written request to the organization to change providers. The employee shall make the request and serve it on the employer and the organization at least 30 days before treatment by the provider. The employee shall state the reasons for the request and the employee's choice of provider. (N.D. Cent. Code , § 65-05-28.2(3))
An employer that selects a preferred provider shall give notice and post notice as required under this subsection.
a. An employer shall give written notice of the identity and the terms of the preferred provider program:
1. To the employer's employees when the employer makes an initial selection of a preferred provider.
2. To the employer's employees when the employer changes the selection of the preferred provider.
3. To an employee at the time of hire.
4. To the employer's employees at least annually after the initial notice.
b. An employer that has selected a preferred provider shall display notice of the identity of the preferred provider and the terms of the preferred provider program in a conspicuous manner at fixed worksites, and wherever feasible at mobile worksites, and in a sufficient number of places to reasonably inform employees of the identity of the preferred provider and of the terms of the preferred provider program.
c. Failure to give written notice, to properly post notice, or to reasonably inform employees of the terms of the preferred provider program as required under this subsection invalidates the selection for the employee's claim. (ND Cent. Code, § 65-05-28.2(5))
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