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Session Laws, 1996
Volume 794, Page 4134   View pdf image
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S.B. 624

VETOES

(V) ANY OTHER PERSON OR ORGANIZATION THAT PROVIDES
HEALTH BENEFIT PLANS SUBJECT TO STATE REGULATION.

(3) "HEALTH CARE PRACTITIONER PROVIDER" MEANS ANY
INDIVIDUAL WHO IS LICENSED, CERTIFIED, OR OTHERWISE AUTHORIZED UNDER
THE HEALTH OCCUPATIONS ARTICLE TO PROVIDE HEALTH CARE SERVICES.

(B) A CARRIER, AS A CONDITION OF A CONTRACT WITH A HEALTH CARE
PRACTITIONER, OR IN ANY OTHER MANNER, MAY NOT PROHIBIT A HEALTH CARE
PRACTITIONER FROM DISCUSSING OR COMMUNICATING TO AN ENROLLEE,

SUBSCRIBER, OR OTHER PERSON INFORMATION THAT:

(1) IS NECESSARY OR APPROPRIATE FOR THE DELIVERY OF QUALITY
HEALTH CARE SERVICES;

(2) RELATES TO TREATMENT ALTERNATIVES FOR THE ENROLLEE OR
SUBSCRIBER, REGARDLESS OF THE PROVISIONS OR LIMITATIONS OF THE
ENROLLEE'S OR SUBSCRIBER'S COVERAGE UNDER THE CARRIER'S HEALTH BENEFIT
PLAN;

(3) IS NECESSARY OR APPROPRIATE FOR MAINTAINING THE
PRACTITIONER PATIENT RELATIONSHIP WITH THE ENROLLEE OR SUBSCRIBER; OR

(4) EXPRESSES OPINIONS REGARDING THE CARRIER OR THE HEALTH
CARE PRACTITIONER'S EXPERIENCE WITH THE CARRIER.

(C) THIS SECTION DOES NOT PROHIBIT A CARRIER, AS A CONDITION OF A
HEALTH CARE PRACTITIONER'S CONTRACT WITH THE CARRIER, FROM
PROHIBITING A HEALTH CARE PRACTITIONER FROM
:

(1) DISCLOSING THE TERMS OF THE CONTRACT BETWEEN THE
CARRIER AND THE PRACTITIONER;

(2) COMMUNICATING OR ACTING IN A MANNER THAT WOULD
TORTIOUSLY INTERFERE WITH EXISTING CONTRACTUAL RELATIONSHIPS TO
WHICH THE CARRIER IS A PARTY; OR

(3) COMMUNICATING STATEMENTS OF FACT ABOUT THE CARRIER
THAT ARE FALSE, THAT THE PRACTITIONER KNOWS TO BE FALSE, AND THAT CAUSE
DAMAGE TO THE CARRIER.

(D) THIS SECTION DOES NOT PROHIBIT A HEALTH CARE PRACTITIONER
FROM PROVIDING TO OR DISCUSSING WITH AN ENROLLEE OR SUBSCRIBER
INFORMATION ABOUT THE RIGHT TO APPEAL OF THE ENROLLEE OR SUBSCRIBER
COVERAGE DETERMINATIONS OF THE CARRIER WITH WHICH THE PRACTITIONER
OR THE ENROLLEE OR SUBSCRIBER DO NOT AGREE.

(B) A CARREER. AS A CONDITION OF A CONTRACT WITH A HEALTH CARE
PROVIDER, OR IN ANY OTHER MANNER, MAY NOT PROHIBIT A HEALTH CARE
PROVIDER FROM DISCUSSING OR COMMUNICATING INFORMATION TO AN

- 4134 -

 

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Session Laws, 1996
Volume 794, Page 4134   View pdf image
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