65-05-08.3. Treating health care provider's opinion

65-05-08.3. Treating health care provider's opinion 1. A presumption may not be established in favor of any health care provider's opinion. The organization shall resolve conflicting medical opinions and in doing so the organization shall consider the following factors: a. The length of the treatment relationship and the frequency of examinations; b. The nature and extent of the treatment relationship; c. The amount of relevant evidence in support of the opinion; d. How consistent the opinion is with the record as a whole; e. Appearance of bias; f. Whether the health care provider specializes in the medical issues related to the opinion; and g. Other relevant factors. 2. This section does not apply to managed care programs under section 65-02-20. For purposes of this section, the organization shall determine whether a health care provider is an injured employee's treating health care provider.