AN ACT to amend and reenact section 37-01-44 of the North Dakota Century Code, relating to the reimbursement of certain medical expenses for North Dakota national guard members; and to declare an emergency.

69th Legislative Assembly (2025-26)

ND Guard can pay medical costs for state‑active duty injuries not covered by WSI or other insurance, after other coverage and within available funds.

Filed with Secretary Of State 03/27

Summary — HB 1078 (North Dakota)

Title: An Act to amend and reenact section 37‑01‑44 of the North Dakota Century Code, relating to the reimbursement of certain medical expenses for North Dakota National Guard members; and to declare an emergency.

Code section amended: NDCC §37‑01‑44.

Sponsors / origin: Introduced by the Government and Veterans Affairs Committee at the request of the Adjutant General.

Status (as provided): Filed with Secretary of State 03/27; introduced 11/12/2024. Includes an emergency clause.

Main purpose

To authorize the North Dakota National Guard to pay certain medical costs for Guard members who are serving on state active duty when the medical condition is determined to be in the line of duty and is not payable through Workforce Safety & Insurance (WSI), and to make that authority immediately effective under an emergency declaration.

Key provisions / changes

Adds/reenacts NDCC §37‑01‑44 to state that the North Dakota National Guard may pay medical expenses for members who:

Are called to state active duty; and
Sustain an injury or illness that is determined to have occurred in the line of duty; and
Have medical treatment that occurred while on state active duty; and
Have costs not covered by Workforce Safety & Insurance.

Payments are limited to costs not covered by other health insurance (i.e., only pay residual costs after other coverage).

Payment/coverage is subject to:

Rules developed by the Office of the Adjutant General; and
Availability of funds.

Emergency clause: the Act is declared an emergency measure (intended to make provisions effective immediately upon enactment).

Who is affected

Primary: North Dakota National Guard members serving on state active duty who sustain line‑of‑duty injuries/illnesses not covered by WSI or other health insurance.

Secondary: Office of the Adjutant General (responsible for rulemaking and administration) and the state budget (potential, limited expenditures).

Fiscal and practical impact

Potential increase in state expenditures to cover uncovered medical costs for qualifying Guard members.

The statute limits spending by requiring coverage be subject to available funds and adherence to rules established by the Adjutant General, which narrows fiscal exposure. The actual cost depends on future claims volume and rule design (eligibility, caps, billing processes).

Because payments come only after other insurance/WSI denies coverage, the law functions as a payer of last resort.

Implementation / timeline

Emergency clause means the Act is intended to take effect immediately upon final enactment (or on the date specified by the governor/Secretary of State filing). The Office of the Adjutant General must adopt implementing rules and administer payments within available budgetary authority.

If you want, I can draft a short explainer on likely rule elements the Office of the Adjutant General may adopt (eligibility verification, billing/claims procedures, caps or maximums, reimbursement priorities) or estimate potential fiscal exposure under different claims scenarios.