Skip to main content
Find a Lawyer

North Dakota Century Code Title 26.1. Insurance § 26.1-45-07.1. Defined term requirements--Claim payments

Current as of January 01, 2024 | Updated by Findlaw Staff

1. A long-term care insurance policy delivered or issued for delivery in this state may not include the following terms, unless the terms are defined in the policy and consistent with the following requirements:

a. “Activities of daily living” means bathing, continence, dressing, eating, toileting, and transferring.

b. “Bathing” includes washing oneself by sponge bath, or in a tub or shower, and the process of getting into and out of the tub or shower.

c. “Cognitive impairment” includes a deficiency in an individual's:

(1) Short-term or long-term memory;

(2) Orientation as to an individual, place, or time;

(3) Deductive or abstract reasoning; or

(4) Judgment as it relates to safety awareness.

d. “Continence” includes the ability to maintain control of bowel and bladder function, or when unable to maintain control of bowel or bladder function, the ability to perform associated personal hygiene, including caring for a catheter or colostomy bag.

e. “Dressing” includes putting on and taking off any item of clothing and any necessary brace, fastener, or artificial limb.

f. “Eating” includes feeding oneself from a receptacle, including a plate, cup, or table, or being fed through a feeding tube or intravenously.

g. “Toileting” includes getting to and from the toilet and on and off the toilet, and performing associated personal hygiene.

h. “Transferring” includes moving into or out of a bed, chair, or wheelchair.

2. A policy defined under this chapter may not prohibit or delay payment of policy benefits to a basic care facility as defined under section 23-09.3-01 if the insured:

a. Meets the criteria for eligibility for benefits under the policy for care or services that are medically necessary;

b. Is unable to perform two or more activities of daily living without supervision or direct assistance; or

c. Has cognitive impairment requiring continual supervision.

3. An insurer shall provide a copy of the long-term care insurance policy to the insured or a representative of the insured within thirty days of a request for a copy of the policy.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - North Dakota Century Code Title 26.1. Insurance § 26.1-45-07.1. Defined term requirements--Claim payments - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-26-1-insurance/nd-cent-code-sect-26-1-45-07-1/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard