# Title 92 — Workforce Safety and Insurance

## Article 92-01 — General Administration

## Chapter 92-01-04 — Modified Workers Compensation Coverage

Requirements
Benefits - Subsequent Period of Incarceration
### § 92-01-04-01. Definitions.

1. "Custody" means incarceration in a facility operated by the department or under contract with
the department.
2. "Department" means the department of corrections and rehabilitation.
3. "Inmate" means a person in the custody of the department.
4. "Penitentiary" means the North Dakota state penitentiary and its affiliated facilities.
5. "Prison industries work program" means any inmate work program operated through
roughrider industries.
6. "Released from custody" means released on parole, released on community corrections
placement, released on conditional pardon, or discharged from any facility operated by the
department or under contract with the department.
7. "Subsequent period of incarceration" means incarceration resulting from revocation of parole,
revocation of conditional pardon, revocation of community corrections release, or revocation
of probation, or incarceration pursuant to a criminal judgment.
8. "Wages", for purposes of calculating disability benefits under the program of modified workers'
compensation, means the money an inmate earns while working in a prison industries work
program, before deductions from earnings. The term does not include the reasonable value of
room, board, medical care, or other services provided by the department and does not include
income from any source other than working in a prison industries work program.
History: Effective May 1, 1998.
General Authority: NDCC 65-02-08, 65-06.2-06
Law Implemented: NDCC 65-06.2-04, 65-06.2-06
### § 92-01-04-02. Applicability of statutes and other regulations - Risk management program

requirements.
Unless otherwise provided by statute or rule, if the department has elected to provide modified
workers' compensation coverage to inmates working in a prison industries work program, North Dakota
Century Code title 65 and North Dakota Administrative Code articles 92-01, 92-02, and 92-05 apply.
The department shall disclose to the organization the name of any business or entity with whom the
department contracts to establish a prison industries work program for purposes of allowing the
organization and the risk management fund the opportunity to assess the loss prevention practices of
that business or entity to ensure minimal risk to inmates working in a prison industries work program.

History: Effective May 1, 1998; amended effective April 1, 2016.
General Authority: NDCC 65-02-08, 65-06.2-06
Law Implemented: NDCC 65-06.2-04, 65-06.2-05, 65-06.2-06
### § 92-01-04-03. Classification of inmates - Costs of administration.

Inmates working in a prison industries work program are in a single classification under the
workforce safety and insurance account for state entities under North Dakota Century Code section
65-04-03.1. The account for this classification will be billed an annual amount equal to the
organization's minimum premium charge established under section 92-01-02-20 to cover the expense
of issuing coverage. The department shall annually reimburse to the organization all allocated loss
adjustment expenses, including all claim benefit costs, and all administrative expenses, incurred in the
classification during the preceding year to the extent not covered by any program of excess coverage
or reinsurance. The organization will calculate and charge to roughrider industries a cost of claims
administration so that the ratio of the administrative charge to allocated loss adjustment expenses in
the classification is equal to the ratio of the organization's overall administrative expenses to total
allocated loss adjustment expenses.
History: Effective May 1, 1998; amended effective April 1, 2016.
General Authority: NDCC 65-02-08, 65-06.2-06
Law Implemented: NDCC 65-06.2-04, 65-06.2-06
### § 92-01-04-04. Inmate health care services.

The department, through the penitentiary, has control over and may direct health care services for
an inmate, including the selection of treating and consulting physicians and all other health care
provides. The department shall schedule health care services, including medical and diagnostic
services, chiropractic services, and ancillary services such as physical and occupational therapy, which
are determined to be medically necessary for an inmate who is injured while working in a prison
industries work program, according to applicable department rules, policies, and procedures. The
department, through the penitentiary, is responsible for payment of all health care services according to
applicable penitentiary policies and procedures while the inmate is in custody.
History: Effective May 1, 1998.
General Authority: NDCC 65-02-08, 65-06.2-06
Law Implemented: NDCC 65-06.2-04, 65-06.2-05, 65-06.2-06
### § 92-01-04-05. Vocational rehabilitation services.

If the organization and the department determine that an injured inmate is in need of vocational
rehabilitation services, the department, through the penitentiary, may provide vocational rehabilitation
services to that inmate. Vocational rehabilitation services include penitentiary education programs,
penitentiary vocational training programs, penitentiary vocational rehabilitation programs, penitentiary
college programs, and institutional work.
History: Effective May 1, 1998.
General Authority: NDCC 65-02-08, 65-06.2-06
Law Implemented: NDCC 65-06.2-04, 65-06.2-05, 65-06.2-06
### § 92-01-04-06. Health care services and wage-loss benefits paid when not in custody.

If an inmate who has sustained a compensable injury while working in a prison industries work
program has been released from custody, the organization shall provide and pay for health care
services and procedures for that former inmate according to North Dakota Century Code title 65 and
North Dakota Administrative Code title 92. The organization shall also pay wage-loss benefits under
North Dakota Century Code chapter 65-05 based on the inmate's wage earned while working in a
prison industries work program.

History: Effective May 1, 1998.
General Authority: NDCC 65-02-08, 65-06.2-06
Law Implemented: NDCC 65-06.2-04, 65-06.2-05, 65-06.2-06
### § 92-01-04-07. Disability, vocational rehabilitation allowance, and permanent partial

impairment benefits - Subsequent period of incarceration.
Payment of disability benefits, vocational rehabilitation allowance, or permanent partial impairment
benefits must be discontinued during any subsequent period of incarceration in any federal, state,
regional, or local correctional facility.
History: Effective May 1, 1998.
General Authority: NDCC 65-02-08, 65-06.2-06
Law Implemented: NDCC 65-06.2-04, 65-06.2-05, 65-06.2-06
