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ND Healthcare AI Act

North Dakota Prior Authorization and Healthcare AI Act (SB 2280)

Regulates AI use in healthcare prior authorization decisions. Requires adverse determinations be reviewed by licensed physicians qualified in relevant specialty. Sets decision timelines: 7 days for non-urgent, 72 hours for urgent services. Prohibits prior authorization for emergency services and opioid use disorder treatment.

Jurisdiction

North Dakota

Enacted

Apr 23, 2025

Effective

Jan 1, 2026

Enforcement

North Dakota Insurance Commissioner

Signed by Governor Armstrong April 23, 2025

North Dakota Legislature

Why It Matters

Mandates human-in-the-loop for healthcare AI decisions. Protects opioid use disorder treatment from AI denials. Model for healthcare AI accountability.

Recent Developments

First state law specifically requiring human physician review of AI healthcare decisions. Addresses growing concern about AI in prior authorization denials.

At a Glance

Applies to

Healthcare AIAutomated Decision System

Who Must Comply

  • Health insurers operating in North Dakota
  • Prior authorization review organizations
  • AI systems used in healthcare coverage decisions

Safety Provisions

  • Licensed physician/dentist review required for adverse AI determinations
  • Reviewing physician must be qualified in relevant medical specialty
  • 7-day decision timeline for non-urgent services
  • 72-hour decision timeline for urgent services
  • Prior authorization prohibited for emergency medical services
  • Prior authorization prohibited for medication-assisted treatment for opioid use disorder
  • Approved authorizations valid for at least 6 months

Compliance & Enforcement

Key Dates

Jan 1, 2026

All provisions take effect

Penalties

Administrative enforcement through Insurance Commissioner oversight.

View on map

North Dakota

Focus Areas

Mental health & crisis
Algorithmic accountability
Active safeguards required

Cite This

APA

North Dakota. (2025). North Dakota Prior Authorization and Healthcare AI Act (SB 2280).

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Last updated January 27, 2026. Verify against primary sources before relying on this information.