§ 27-41-14.1 - Prohibition against restraint on provider – Patient communications.
SECTION 27-41-14.1
§ 27-41-14.1 Prohibition against restrainton provider – Patient communications. – No health maintenance organization shall refuse to contract with or compensatefor covered services an otherwise eligible health care provider solely becausethe provider has in good faith communicated with one or more of his or hercurrent, former or prospective patients regarding the provisions, terms,requirements, restrictions or other treatment options not provided by thehealth maintenance organization and of the health maintenance organization'sproducts and/or services as they relate to the needs of the provider'spatients. By way of illustration only, and without limiting the protectionsafforded in this section, the communications within this section may involvehospital stays, emergency room use, and referral to specialists. Any provisioncontained in any contract between a health maintenance organization and ahealth care provider which violates the provisions of this section shall benull and void, and any attempt by a health maintenance organization to enforcethat provision shall subject the health maintenance organization to assessmentof a penalty of up to five thousand dollars ($5,000). These penalties shall beenforced by the consumer protection division of the department of the attorneygeneral in the district court.