LD 1890
pg. 10
Page 9 of 16 An Act to Establish a Patients' Bill of Rights for Managed Care Page 11 of 16
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LR 1804
Item 1

 
2.__Specialty care.__If an enrollee in a managed care plan
requiring referral for specialty services has a condition or
disease of sufficient seriousness or complexity to require
treatment by a specialist and benefits for such treatment are
provided under the plan or coverage, the carrier shall make or
provide for a referral to a specialist who is available and
accessible to provide the treatment for that condition or disease
in accordance with the following.

 
A.__A carrier may require that the care provided to an
enrollee pursuant to this subsection be:

 
(1)__Pursuant to a treatment plan developed by the
specialist and approved by the carrier in consultation
with the enrollee's primary care provider or specialist
and the enrollee or the enrollee's designee; and

 
(2)__In accordance with applicable quality assurance
and utilization review standards of the carrier.

 
Nothing in this paragraph may be construed to prevent such a
treatment plan for an enrollee from requiring a specialist
to provide the primary care provider with regular updates on
the specialty care provided as well as all necessary medical
information.

 
B.__A carrier is not required under paragraph A to provide a
referral to a specialist who is not a participating provider
unless the carrier does not have an appropriate specialist
who is a participating provider and is available and
accessible to treat the enrollee's condition.

 
C.__If a carrier refers an enrollee to a nonparticipating
specialist pursuant to paragraph A, services provided
pursuant to the approved treatment plan must be provided at
no additional cost to the enrollee beyond what the enrollee
would otherwise pay for services received from such a
specialist who is a participating provider.

 
3.__Specialists as primary care providers.__A carrier shall
have a procedure by which an enrollee who has a special condition
may receive a referral to a specialist for treatment of that
condition.__That specialist must be responsible for and capable
of providing and coordinating the enrollee's primary and
specialty care. If the enrollee's care would most appropriately
be coordinated by such a specialist, the carrier shall refer the
enrollee to the specialist in accordance with the following.

 
A.__The specialist must be permitted to treat the enrollee
without a referral from the enrollee's primary care provider


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