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Amendment concerning 'pre-existing conditions' added to Insurance Dept. budget bill

An amendment to the budget bill for the North Dakota Insurance Department caused some controversy during House debate Monday (April 15).

The amendment said an insurance policy may not take into account any pre-existing conditions.

Rep. Rick Becker (R-Bismarck) objected.

"In essence, what we're saying is, if the ACA dissolves or morphs into something totally different, we like it so much here in North Dakota that we're going to put significant components of the ACA into our own statute,"Becker said. "I think that is a pretty rotten part of this bill."

But the bill passed on a vote of 55 to 33. It will go back to the Senate for further work.

Meanwhile, state Insurance Commissioner Jon Godfread said the language of the amendment doesn’t accomplish the intent – which was to continue the pre-existing condition part of the Affordable Care Act, if the Act goes away. Godfread said he doesn’t see the ACA going away any time soon.

"I think we have some time here," Godfread said. "I wouldn't mind a study of it."

Godfread said his department has been looking at this since the beginning of the session, to see if it is possible.

"A 'spring' provision, where the ACA goes away and this will 'spring' into effect may be a good option," Godfread said. "But we have some time to figure that out."

Godfread said there are pending lawsuits to get rid of the act – but that will take time as the cases winds their way through the court system.

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