§ 26.1-02-28 — Child support insurance data match

North Dakota § 26.1-02-28

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-02: General Provisions

Text

1. As used in this section:
a. "Claimant" means a resident of this state over fourteen years of age who:
(1) Is a beneficiary under a life insurance policy;
(2) Is an individual who brings a third-party claim against an insured or under an
insurance policy for compensation under insurance coverage for bodily
injury or workers' compensation; or
(3) Is an individual who brings a first-party claim under an insurance policy for
uninsured or underinsured motorist benefits.
b. "Department" means the department of health and human services and any
designee of the department.
c. "Insurer" includes a government self-insurance pool and any designee of an
insurer or government self-insurance pool, but does not include any health
insurer participating in a data match under section 50-09-37.
d. "Personal information" means the name, address, and date of birth of a person;
the person's social security number, current motor vehicle operator's license
number issued to the claimant by the department of transportation under title 39,
or the last four digits of the person's social security number; and any other
relevant and available information regarding the person that is requested by the
department.
2. Before paying a claim to a claimant for a claim occurring in this state under a contract
of insurance issued in this state, an insurer may exchange personal information about
the claimant with the department, but a government self-insurance pool shall
exchange personal information about the claimant with the department. The
information must be exchanged as soon as reasonably possible after the first
submission of the claim, but not less than ten days prior to making a payment to a

claimant. This section applies notwithstanding any provision of law making the
information confidential.
3. Any personal information that is exchanged under this section is confidential and may
only be used to establish or enforce a child support or medical support obligation, or
as otherwise permitted or required by law. To the extent feasible, the department shall
provide secure electronic processes for exchanging personal information under this
section. An insurer shall not be assessed any fee by the department for exchanging
claim information under this section.
4. An insurer that exchanges personal information with the department under
subsection 2 also shall provide the telephone number of a facsimile machine or
electronic mail address to which a lien or demand may be sent to the insurer by the
department under chapter 35-34.
5. Notwithstanding anything to the contrary in section 35-34-06, upon agreement of the
insurer and the department, if the department files a lien against a claim that is
identified under this section:
a. The department may delay sending the claimant a copy of the notice of the lien
until requested by the insurer or until a payment to the claimant is delayed as a
result of the lien, whichever occurs first; or
b. The insurer may provide the claimant with the copy of the notice of lien that is
required under section 35-34-06 no later than the date a payment to the claimant
is delayed as a result of the lien.
If a claimant's receipt of notice of a lien is delayed under this subsection, the time for
seeking a review of the lien under section 50-09-14 does not begin until the date the
notice is mailed or otherwise provided to the claimant.
6. A person is immune from suit or any liability under any federal or state law, including
chapter 12.1-13 or 44-04, for acting in good faith under this section. The court shall
award reasonable attorney's fees and costs against any person that commences an
action that is subsequently dismissed by reason of the immunity granted by this
section.
7. A government self-insurance pool that complies with this section is not subject to
subsection 1 of section 50-09-08.2.
8. Nothing in this section shall require an insurer to make a payment that is not otherwise
required under the contract of insurance.
9. A claimant who refuses to provide to an insurer the personal information that the
insurer is required to exchange with the department under this section may not receive
payment on the claim and may not pursue a suit against the insured or the insurer in
this state for the amount of the claim until the information is provided.
10. An individual who willfully fails to comply with this section is subject to the same
liabilities as an income payer under section 14-09-09.3 unless the context indicates
otherwise.