The organization may create and implement actuarially sound employer premium calculation
programs, including dividends, group insurance, premium deductibles, and reimbursement
for medical expense assessments. Programs created or modified under this section are not subject to title 28-32 and
may include requirements or incentives for the early reporting of injuries. An employer with a deductible policy under this section, who chooses to pursue a
third-party action under section 65-01-09 after an injured worker and the organization have chosen not to pursue the third-party
action, may keep one hundred percent of the recovery obtained, regardless of the expense
incurred in covering the injury and regardless of any contrary provision in section 65-01-09. If the employer pursues the third-party action pursuant to this section, neither
the organization nor the injured worker has any liability for sharing in the expense
of bringing that action.
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