38.2-3408 - Policy providing for reimbursement for services that may be performed by certain practitioners other than physicians.
§ 38.2-3408. Policy providing for reimbursement for services that may beperformed by certain practitioners other than physicians.
A. If an accident and sickness insurance policy provides reimbursement forany service that may be legally performed by a person licensed in thisCommonwealth as a chiropractor, optometrist, optician, professionalcounselor, psychologist, clinical social worker, podiatrist, physicaltherapist, chiropodist, clinical nurse specialist who renders mental healthservices, audiologist, speech pathologist, certified nurse midwife, marriageand family therapist or licensed acupuncturist, reimbursement under thepolicy shall not be denied because the service is rendered by the licensedpractitioner.
B. If an accident and sickness insurance policy provides reimbursement for aservice that may be legally performed by a licensed pharmacist, reimbursementunder the policy shall not be denied because the service is rendered by thelicensed pharmacist provided that (i) the service is performed for an insuredfor a condition under the terms of a collaborative agreement, as defined in §54.1-3300, between a pharmacist and the physician with whom the insured isundergoing a course of treatment or (ii) the service is for theadministration of vaccines for immunization. Notwithstanding the provisionsof § 38.2-3407, the insurer may require the pharmacist, any pharmacy orprovider that may employ such pharmacist, or the collaborating physician toenter into a written agreement with the insurer as a condition forreimbursement for such services. In addition, reimbursement to pharmacistsacting under the terms of a collaborative agreement under this subsectionshall not be subject to the provisions of § 38.2-3407.7.
C. This section shall not apply to Medicaid, or any state fund.
(1968, c. 588, § 38.1-347.1; 1973, c. 428; 1979, c. 13; 1986, c. 562; 1987,cc. 549, 551, 557; 1989, cc. 7, 201; 1997, c. 203; 1998, c. 146; 2001, cc.102, 475.)