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North Dakota Attorney General · January 30, 2026 · Primary source

The North Dakota Attorney General issued an opinion to the Department of Health and Human Services.

Score 70PRIMARYguidanceState AGND

Summary

The North Dakota Attorney General issued an opinion on January 30, 2026, addressing whether the state Department of Health and Human Services violated open records law (N.D.C.C. § 44-04-18) by failing to provide records transmitted to the Centers for Medicare & Medicaid Services. The AG concluded that DHHS substantially complied with N.D.C.C. § 44-04-18. The opinion responds to a request by Sheri McMahon under N.D.C.C. § 44-04-21.1. No detail on the underlying CMS records or subject matter is provided in the excerpt.

What this may mean

May signal state transparency obligations for Medicaid agencies and DHHS entities when transmitting data to CMS, particularly during audits, managed care contract reviews, or federal oversight. Healthcare organizations subject to state open records requests, hospitals, Medicaid MCOs, should consider whether their correspondence with state agencies may become subject to disclosure. Limited operational impact absent detail on the records at issue.

Informational only. Not legal, medical, financial, or other professional advice. Always consult a qualified professional familiar with your specific facts before relying on any item.

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