North Dakota § 65-05-08.3 Treating health care provider's opinion

North Dakota Statutes

§ 65-05-08.3 — Treating health care provider's opinion

North Dakota § 65-05-08.3

Title 65Workforce Safety and Insurance

Ch. 65-05Claims and Compensation

This text of North Dakota § 65-05-08.3 (Treating health care provider's opinion) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 65-05-08.3 (2026).

Text

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 i

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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.