N.D. Cent. Code § 54-52.1-18
54-52.1-18. High-deductible health plan alternative with health savings account option
54-52.1-18. High-deductible health plan alternative with health savings account
option.
1. The board shall develop and implement a high-deductible health plan as an alternative
to the plan under section 54-52.1-02. The high-deductible health plan alternative with a
health savings account must be made available to state employees by January 1,
2012. After June 30, 2015, at the board's discretion, the high-deductible health plan
alternative may be offered to political subdivisions for coverage of political subdivision
employees. If a political subdivision elects this high-deductible option the political
subdivision may not offer the plan under section 54-52.1-02.
2. Health savings account fees for participating state employees must be paid by the
employer.
a. Except as provided in subdivision b, subject to the limits of section 223(b) of the
Internal Revenue Code [26 U.S.C. 223(b)], the difference between the cost of the
single and family premium for eligible state employees under section 54-52.1-06
and the premium for those employees electing to participate under the
high-deductible health plan under this section must be deposited in a health
savings account for the benefit of each participating employee.
b. If the public employees retirement system is unable to establish a health savings
account due to the employee's ineligibility under federal or state law or due to
failure of the employee to provide necessary information in order to establish the
account, the system is not responsible for depositing the health savings account
contribution. The member will remain a participant in the high-deductible health
plan regardless of whether a health savings account is established.
c. If a member closes the health savings account established for that member under
this section, the system is not responsible for depositing the health savings
account contribution after that closure.
3. Each new state employee must be provided the opportunity to elect the
high-deductible health plan alternative. At least once each biennium, the board shall
provide an open enrollment period allowing existing state employees or a political
subdivision to change their coverage.