Healthcare

HB 1477 would create new legal protections for fertility care access in North Dakota. It guarantees individuals the right to receive fertility treatments and make decisions about reproductive genetic material, while also protecting health care providers, insurers, and manufacturers from state restrictions on these services. The bill prohibits state agencies or subdivisions from implementing policies that limit access to fertility treatments, except for health/safety regulations that follow established medical guidelines. Violations could trigger civil lawsuits by affected individuals or the attorney general, with courts able to block the restrictive policy and award legal fees to the winning party. This bill directly affects patients seeking fertility care, clinics providing those services, health insurers, and manufacturers of fertility-related products.

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.