B.__Notice of the claim must be delivered or mailed to the carrier against whom the action is made not later than the 30th day before the date the claim is filed.

C.__This section does not prohibit an enrollee from pursuing other appropriate remedies, including injunctive relief, a declaratory judgment and relief available under law, if the requirement of exhausting the process for grievance and appeal places the enrollee's health in jeopardy.

D.__This section may not be construed as removing or limiting any legal rights of enrollees under state or federal law, including the right to file judicial actions to enforce rights.

SUMMARY

This bill incorporates into state law many of the provisions contained in the proposed federal "Patients' Bill of Rights" legislation. The provisions govern the following:

1. Access to out-of-network providers;

2. Access to obstetrical and gynecological care;

3. Access to specialty care;

4. Continuity of care;

5. Access to prescription drugs;

6. Access to clinical trials;

7. Availability of independent external review of appeals;

8. Prohibition on financial incentives for providers;

9. Remedy for a carrier's failure to exercise ordinary care; and

10. Nondiscrimination in the delivery of health care services.