N.D. Admin. Code 92-01-02-29.3

Current through Supplement No. 394, October, 2024

Section 92-01-02-29.3 - Motor vehicle purchase and modification

1. An injured employee must obtain a primary health care provider's order of medical necessity supported by objective medical findings before the purchase of a specially equipped motor vehicle or modification of a vehicle may be approved. The primary health care provider's order must contain the following:

a. Patient's name;

b. Date of patient's face-to-face examination;

c. Pertinent diagnosis or conditions that relate to the need for device or modification;

d. Description of what is ordered;

e. Length of need;

f. Primary health care provider's signature; and

g. Date of primary health care provider's signature.

2. The organization may require assessments to determine the functional levels of an injured worker who is being considered for a specially equipped motor vehicle or vehicle modification and to determine what modifications are medically necessary.

3. If an existing vehicle cannot be repaired or modified, the organization, in its sole discretion, may approve the purchase of a specially equipped motor vehicle.

4. A minimum of two itemized cost quotes may be requested by the organization. The organization may decrease or add the number of cost quotes needed accordingly.

5. Actual vehicle or modification purchase may not occur until the organization reviews the request and issues recommendations or decisions as to whether eligible for the benefit.

6. Cost quotes must be itemized.

7. Any available vehicle rebates or tax exemptions shall be applied back to the lifetime benefit amount as provided in subsection 5 of North Dakota Century Code section 65-05-07.

8. Any appeal of a decision under this section shall be adjudicated pursuant to North Dakota Century Code section 65-02-20.

N.D. Admin Code 92-01-02-29.3

Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .

Amended by Administrative Rules Supplement 2017-365, July 2017, effective 7/1/2017.

Amended by Administrative Rules Supplement 376, April 2020, effective 4/1/2020.

General Authority: NDCC 65-02-08

Law Implemented: NDCC 65-05-07(5)(b)