AN ACT to amend and reenact subsection 5 of section 65-05-07 of the North Dakota Century Code, relating to benefits for adaptations to real estate and motor vehicles; and to provide for application.
Summary
HB 1423 amends North Dakota workers’ compensation law governing benefits for injured employees who need permanent modifications to real estate or specially equipped motor vehicles. The bill increases the maximum amount the organization may pay for home modifications for an employee with a catastrophic injury from $75,000 to $150,000, and increases the maximum for a specially equipped motor vehicle or vehicle adaptations from $150,000 to $200,000. These limits remain lifetime caps for the injured employee, regardless of later claims.
The bill also adds a new provision allowing the organization to extend these same benefits to an injured employee who has not sustained a catastrophic injury if the organization determines the benefits are cost-effective and appropriate due to exceptional circumstances. The bill does not authorize the purchase of real estate, and it continues to exclude insurance and maintenance costs for vehicles. It applies only to qualifying expenditures made on or after the effective date.
Impact
HB 1423 directly amends subsection 5 of section 65-05-07 of the North Dakota Century Code, expanding the workers’ compensation organization’s authority and increasing statutory dollar caps for home and vehicle adaptations. It affects injured workers, especially those with catastrophic injuries, by potentially increasing access to more expensive accessibility modifications and adaptive transportation. It also gives the organization discretion to provide these benefits in limited non-catastrophic cases when exceptional circumstances justify the expense.
Sentiment
The bill appears to have broad support by the time of final passage, with strong bipartisan margins in both chambers. Although the first House second-reading vote failed, the bill later passed the House overwhelmingly and then passed the Senate by a wide margin, suggesting that any initial concerns were resolved or outweighed by support for the measure. The final voting pattern indicates general agreement that the benefit limits should be updated.
Contention
The main points of contention likely centered on the higher cost exposure to the workers’ compensation system and the expansion of eligibility beyond catastrophic injuries. Opponents may have been concerned about increasing lifetime benefit caps and giving the organization discretion to approve benefits in exceptional non-catastrophic cases. Supporters likely emphasized that the higher limits reflect modern costs and that the bill preserves cost-effectiveness and medical-necessity standards, while still limiting the benefits to specific circumstances.