LD 1619
pg. 8
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LR 251
Item 1

 
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.

 
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.

 
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.

 
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.

 
§4313.__Continuity of care

 
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:

 
A.__Notify the enrollee on a timely basis of the
termination; and

 
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.

 
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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