HB 1349 North Dakota House · 69th Legislative Assembly (2025-26)

A BILL for an Act to amend and reenact section 32-42-02 of the North Dakota Century Code, relating to liability limits for health care malpractice actions or claims.

HB 1349 proposes capping noneconomic damages (like pain and suffering) in North Dakota health care malpractice lawsuits at $500,000 initially, with scheduled annual increases to $1.5 million (2026), $2 million (2027), and $2.5 million (2028). It directly affects patients filing malpractice claims and healthcare providers facing such lawsuits, while exempting claims involving unborn fetuses. The bill requires courts to reduce jury awards to meet the cap without informing juries of the limit. The legislation failed to pass in the North Dakota legislature on February 7, 2025, with 30 votes in favor and 61 against.

Issues: ✗ Healthcare

Bill status passed 2 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Feb 2025

House Failed

Feb 2025

Governor

Introduced Jan 13, 2025 Last action Feb 7, 2025

Maddy AI version diff · 1 comparison

What changed between versions

INTRODUCED → FIRST ENGROSSMENT · 5 edits

MODERATE

The bill was renumbered from 25.0937.01000 to 25.0937.02000 and reclassified from 'Introduced' to 'First Engrossment' status. The core policy content regarding medical malpractice liability limits was significantly modified, with the initial cap changed from one million dollars to five hundred thousand dollars, and the annual adjustment schedule was altered. The bill also removed the expiration date provision that was present in the original version.

Scope change

The bill's scope regarding medical malpractice liability limits was modified, with the initial cap reduced and the annual adjustment schedule changed. The expiration date provision was removed entirely.

TIMELINE

The bill was renumbered from 25.0937.01000 to 25.0937.02000 and its status changed from 'Introduced' to 'First Engrossment'.

The annual adjustment schedule for liability limits was modified, with the 2028 adjustment changed from two million five hundred thousand dollars to three million dollars.

The expiration date provision (Section 4) was removed, meaning the bill will no longer automatically expire on June 30, 2029.

REQUIREMENT

The initial noneconomic damages cap was changed from one million dollars to five hundred thousand dollars.

The effective date provision (Section 3) was removed, changing when the new liability limits take effect.

Floor votes · House Feb 7, 2025

How they voted

28–61

Failed · 3 other

Total votes 92

Feb 7, 2025

D Democratic11

2 Yea 8 Nay 1

72% Nay

R Republican81

26 Yea 53 Nay 2

65% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 7, 2025

Vote failed

House Vote: fail (28-61-3)

house

Feb 6, 2025

Lower · Passed

Amendment adopted, placed on calendar

lower

Feb 5, 2025

Lower · Passed

Reported back amended, do pass, amendment placed on calendar 10 3 1

lower

Feb 3, 2025

Lower · Passed

Committee Hearing 09:30

lower

Jan 13, 2025

Introduced

Introduced, first reading, referred Judiciary Committee

lower

1 primary · 7 co-sponsors