NDAC 92-01-02-38
Changes of health care providers
Cite as N.D. Admin. Code ยง 92-01-02-38
1.
All changes from one health care provider to another must be approved by the organization.
Normally, changes will be allowed only after the injured employee has been under the care of
the primary health care provider for sufficient time for the health care provider to complete
necessary diagnostic studies, establish an appropriate treatment regimen, and evaluate the
efficacy of the therapeutic program.
2.
North Dakota Century Code section 65-05-28 governs choice of health care provider. For
purposes of this rule, the following are not considered changes of health care provider by the
injured employee:
a.
Emergency services by a health care provider;
b.
Examinations at the request of the organization;
c.
Consultations or referrals initiated by the health care provider;
d.
Referrals to radiologists and pathologists for diagnostic studies;
e.
When injured employees are required to change health care providers to receive
compensable medical services or time loss authorization because their health care
provider is no longer qualified as a primary health care provider; or
f.
Changes of primary health care provider required due to conditions beyond the injured
employee's control. This would include when the health care provider terminates practice
or leaves the area.
3.
The injured employee must be advised when and why a change is denied. The organization
reserves the right to require an injured employee to select another health care provider or
specialist for treatment:
a.
When more conveniently located health care providers, qualified to provide the
necessary treatment, are available;
b.
When the attending health care provider fails to observe or comply with the
organization's rules;
c.
When, in a time loss case, reasonable progress toward return to work is not shown;
d.
When an injured employee requires specialized treatment, which the primary health care
provider is not qualified to render, or which is outside the scope of the primary health
care provider's license to practice; or
e.
When the health care provider is not qualified to treat each of several accepted
conditions. This does not preclude concurrent care when indicated as outlined in section
92-01-02-34.
4.
When the organization finds the change of health care provider to be appropriate and has
requested the injured employee to change under this rule, the organization may select a new
primary health care provider if the injured employee unreasonably refuses or delays in
selecting another primary health care provider.
5.
The organization in its discretion may authorize a change when it finds that a change is in the
best interest of returning the injured employee to a productive role in society.