Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2172
(Senators Patten, Cleary, Hogan, Roers)
(Representatives Dobervich, Frelich)
AN ACT to create and enact a new section to chapter 26.1-45 of the North Dakota Century Code,
relating to long-term care insurance policy terms and claim payments.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 26.1-45 of the North Dakota Century Code is created and
enacted as follows:
Defined term requirements - Claim payments.
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; S. B. NO. 2172 - PAGE 2
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. S. B. NO. 2172 - PAGE 3
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2172.
Senate Vote:Yeas 46 Nays 0 Absent 1
House Vote: Yeas 90 Nays 1 Absent 3
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State