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North Dakota Compliance



Physician Selection NDCC 65-05-28

If the injury is an emergency, the employee can seek treatment from any doctor.

If the injury is not an emergency:

  • If the employer participates in the Risk Management Program and has a designated medical provider to care for employees, the employee is required to see that provider for medical care (this applies unless they had previously informed your employer, in writing, of a different medical provider selection before any injury occurred). If the employee does not see the employer's designated medical provider or the different medical provider selection they may have chosen before an injury occurred, and they choose their own medical provider at the time of injury, it may result in nonpayment of medical benefits and/or claim denial and the employee will be liable for the medical costs.
  • NDCC 65-05-28.1
  • If the employer does not have a designated medical provider in place, the employee may seek treatment from the medical provider of their choice.

If the doctor refers the employee to another doctor for consultation or treatment, they do not need written authorization from WSI. However, if they wish to change to a different doctor, they need to do the following:

Designated Provider form

  • If the employer participates in the Risk Management Program and has a designated medical provider (DMP) to care for employees, and the employee saw that provider for treatment, they must receive care from that medical provider for 60 days before they can make a medical provider change. After 60 days, the employee must request written authorization from WSI by completing the Change of Doctor form (C6) and mail it to WSI. They will make a decision on the and we will notify the employee, and both doctors, of the decision. It is the employee's responsibility to inform the employer of the new medical provider. Please contact WSI to request a Change of Doctor form (C6).

    Designated Medical Provider List

After July 31, 2009: The time period is 30 days, not 60 days

  • If the employer does not have a designated medical provider, the employee must request written authorization from WSI by completing the Change of Doctor form (C6) and mail it to WSI. They will make a decision on the and we will notify the employee, and both doctors, of the decision.

WSI will monitor medical treatment to make sure the employee is receiving quality and appropriate medical care for their injury. When warranted, WSI may require the employee to change doctors or transfer care.

 

Note: (HB 1051) Effective 10/1/13 - Provides for a workers' compensation review committee study of the WC preferred provider program The study will include workforce safety and insurance preferred provider program created under sections 65-05-28.1 and 65-05.28.2

 

Note: (HB 1052) Effective 10/1/13 amends and reenacts section 65-05-28.2 NDCC relating to the workers' compensation preferred provider program. An employee of an employer that has selected a preferred provider may elect to be treated by a different provider provided the employee makes the election and notifies the employer in writing before the occurrence of an injury.

An employer that selects a preferred provider must give written notice and post notice in a conspicuous manner at fixed work sites and where ever feasible at mobile work sites and in a sufficient number of places to reasonably inform the employees. The written notice to the employees must provide the identity of the preferred provider and the terms of the preferred provider program at times; when the employer makes an initial selection of a preferred provider; changes the selection; to an employee at the time of hire; and at lease annually after the initial notice.