North Dakota Code 26.1-53.1-19 – Prohibited conduct
A discount plan organization may not:
Terms Used In North Dakota Code 26.1-53.1-19
- Individual: means a human being. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. Except as otherwise provided in this chapter, or as a disclaimer of any relationship between discount plan benefits and insurance, or as a description of an insurance product connected with a discount plan, use the term “insurance” in any advertisement, marketing material, brochure, or discount plan cards; 2. Use in any advertisements, marketing materials, brochures, or discount plan cards the terms “health plan”, “coverage”, “copay”, “copayments”, “deductible”, “preexisting conditions”, “guaranteed issue”, “premium”, “PPO”, “preferred provider organization”, or other terms in a manner that could reasonably mislead an individual into believing the discount plan is health insurance; 3. Use language in any advertisements, marketing materials, brochures, or discount plan cards with respect to being licensed or registered by the state insurance department in a manner that could reasonably mislead an individual into believing the discount plan is insurance or has been endorsed by the state; 4. Make misleading, deceptive, or fraudulent representations regarding the discount or range of discounts offered by the discount plan; 5. Have restrictions on access to discount plan providers, including, except for hospital services, waiting periods and notifications periods; or
6. Pay providers any fees for medical or ancillary services or collect or accept money from a member to pay a provider for medical or ancillary services provided, unless the discount plan organization has an active certificate of authority to act as a third-party administrator in accordance with chapter 26.1-27.