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D.__The enrollee's referring physician has concluded that the | enrollee's participation in such a trial would be appropriate | based upon the satisfaction of the conditions in paragraphs A, | B and C. |
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| | 2.__Approved clinical trial.__For the purposes of this | section, an__"approved clinical trial" means a clinical research | study or clinical investigation approved and funded by the | National Institutes of Health or a cooperative group or center of | the National Institutes of Health. |
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| | 3.__Coverage.__A carrier may not deny an enrollee | participation in an approved clinical trial or deny, limit or | impose additional conditions on the coverage of routine patient | costs for items and services furnished in connection with | participation in the clinical trial. For the purposes of this | subsection, "routine patient costs" do not include the costs of | the tests or measurements conducted primarily for the purpose of | the clinical trial involved. |
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| | 4.__Payment.__A carrier shall provide payment for routine | patient costs, but is not required to pay for costs of items and | services that are reasonably expected to be paid for by the | sponsors of an approved clinical trial. In the case of covered | items and services, the carrier shall pay participating providers | at the agreed-upon rate and pay nonparticipating providers at the | same rate the carrier would pay for comparable services performed | by participating providers. |
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| §4313.__Continuity of care |
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| | 1.__Termination of provider.__If a contract between a carrier | and a provider is terminated or benefits or coverage provided by | a provider are terminated because of a change in the terms of | provider participation in a health plan and an enrollee is | undergoing a course of treatment from the provider at the time of | termination, the carrier shall: |
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| A.__Notify the enrollee on a timely basis of the | termination; and |
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| B.__Permit the enrollee to continue or be covered with | respect to the course of treatment with the provider during | a transitional period in accordance with subsections 2 and | 3. |
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| | 2.__Transitional period.__The transitional period must extend | for at least 90 days from the date of notice to the enrollee of | the provider's termination except in the following instances. |
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