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House Amendment 8318

Amendment Text

PAG LIN
  1  1    Amend House File 2517 as follows:
  1  2    #1.  Page 13, by inserting after line 26 the
  1  3 following:
  1  4    "Sec.    .  NEW SECTION.  514J.1  TITLE.
  1  5    This chapter shall be known and may be cited as
  1  6 "Third-party Payor Liability Act".
  1  7    Sec.    .  NEW SECTION.  514J.2  DEFINITIONS.
  1  8    As used in this chapter, unless the context
  1  9 otherwise requires:
  1 10    1.  "Appropriate and medically necessary" means the
  1 11 standard for health care services as determined by a
  1 12 physician or health care provider consistent with
  1 13 accepted practices and standards of care provided by
  1 14 the medical profession in the community.
  1 15    2.  "Enrollee" means an individual who is enrolled
  1 16 in a health care plan, including covered dependents.
  1 17    3.  "Health care plan" means a plan under which a
  1 18 person undertakes to provide, arrange for, pay for, or
  1 19 reimburse any part of the cost of any health care
  1 20 services.
  1 21    4.  "Health care provider" means a person licensed
  1 22 or certified under chapter 147, 148, 148A, 148C, 149,
  1 23 150, 150A, 151, 152, 153, 154, 154B, or 155A to
  1 24 provide in this state professional health care service
  1 25 to an individual during that individual's medical
  1 26 care, treatment, or confinement.
  1 27    5.  "Health care treatment decision" means a
  1 28 determination made when medical services are actually
  1 29 provided by the health care plan and a decision which
  1 30 affects the quality of the diagnosis, care, or
  1 31 treatment provided to the plan's insureds or
  1 32 enrollees.
  1 33    6.  "Health insurance carrier" means an entity
  1 34 subject to the insurance laws and regulations of this
  1 35 state, or subject to the jurisdiction of the
  1 36 commissioner of insurance, that contracts or offers to
  1 37 contract, or that subcontracts or offers to
  1 38 subcontract, to provide, deliver, arrange for, pay
  1 39 for, or reimburse any of the costs of health care
  1 40 services, including an insurance company offering
  1 41 sickness and accident plans, a health maintenance
  1 42 organization, a nonprofit health service corporation,
  1 43 or any other entity providing a plan of health
  1 44 insurance, health benefits, or health services.
  1 45    7.  "Health maintenance organization" means a
  1 46 health maintenance organization as defined in section
  1 47 514B.1.
  1 48    8.  "Insured" means an individual who is covered by
  1 49 a health care plan provided by a health insurance
  1 50 carrier.
  2  1    9.  "Managed care entity" means an entity that
  2  2 provides a health care plan that selects and contracts
  2  3 with health care providers; manages and coordinates
  2  4 health care delivery; monitors necessity,
  2  5 appropriateness, and quality of health care delivered
  2  6 by health care providers; and performs utilization
  2  7 review and cost control.
  2  8    10.  "Ordinary care" means, in the case of a third-
  2  9 party payor, that degree of care that a third-party of
  2 10 ordinary prudence would provide under the same or
  2 11 similar circumstances.  In the case of a person who is
  2 12 an employee, agent, or representative of a third-party
  2 13 payor, "ordinary care" means that degree of care that
  2 14 a person of ordinary prudence in the same profession,
  2 15 specialty, or area of practice as such person would
  2 16 use in the same or similar circumstances.
  2 17    11.  "Organized delivery system" means an organized
  2 18 delivery system as licensed by the director of public
  2 19 health.
  2 20    12.  "Physician" means an individual licensed under
  2 21 the provisions of chapter 148, 150, or 150A to
  2 22 practice medicine and surgery, osteopathy, or
  2 23 osteopathic medicine and surgery.
  2 24    13.  "Third-party payor" means a health insurance
  2 25 carrier, health maintenance organization, managed care
  2 26 entity, or organized delivery system.
  2 27    Sec.    .  NEW SECTION.  514J.3  THIRD-PARTY PAYOR
  2 28 LIABILITY.
  2 29    1.  A third-party payor has the duty to exercise
  2 30 ordinary care when making health care treatment
  2 31 decisions and is liable for damages for harm to an
  2 32 insured or enrollee proximately caused by the third-
  2 33 party payor's failure to exercise such ordinary care.
  2 34    2.  A third-party payor is also liable for damages
  2 35 for harm to an insured or enrollee proximately caused
  2 36 by the health care treatment decisions made by an
  2 37 employee, agent, or representative of the third-party
  2 38 payor who is acting on behalf of the third-party payor
  2 39 and over whom the third-party payor has the right to
  2 40 exercise influence or control or has actually
  2 41 exercised influence or control if such decision
  2 42 results in the failure to exercise ordinary care.
  2 43    3.  It is a defense in an action brought pursuant
  2 44 to this section against a third-party payor that
  2 45 neither the third-party payor, nor an employee, agent,
  2 46 or representative of the third-party payor controlled,
  2 47 influenced, or participated in the health care
  2 48 treatment decision; or that the third-party payor did
  2 49 not deny or delay payment for any treatment prescribed
  2 50 or recommended by a health care provider to the
  3  1 insured or enrollee.
  3  2    4.  Subsections 1 and 2 do not create an obligation
  3  3 on the part of the third-party payor to provide
  3  4 treatment to an insured or enrollee which is not
  3  5 covered by the health care plan offered by the third-
  3  6 party payor.
  3  7    5.  This chapter does not create any liability on
  3  8 the part of an employer, or an employer group
  3  9 purchasing organization that purchases coverage or
  3 10 assumes risk on behalf of its employees.
  3 11    6.  A third-party payor shall not remove a
  3 12 physician or health care provider from its plan or
  3 13 refuse to renew the physician or health care provider
  3 14 under its plan for advocating appropriate and
  3 15 medically necessary health care for the insured or
  3 16 enrollee.
  3 17    7.  A third-party payor shall not enter into a
  3 18 contract with a physician, hospital, or other health
  3 19 care provider or pharmaceutical company which includes
  3 20 an indemnification or hold harmless clause for the
  3 21 acts or conduct of the third-party payor.  Any such
  3 22 indemnification or hold harmless clause in an existing
  3 23 contract is void.
  3 24    8.  A provision under state law prohibiting a
  3 25 third-party payor from practicing medicine or being
  3 26 licensed to practice medicine shall not be asserted as
  3 27 a defense by such third-party payor in an action
  3 28 brought against it pursuant to this section or any
  3 29 other applicable law.
  3 30    9.  In an action against a third-party payor, a
  3 31 finding that a physician or other health care provider
  3 32 is an employee, agent, or representative of such
  3 33 third-party payor shall not be based solely on proof
  3 34 that such person's name appears in a listing of
  3 35 approved physicians or health care providers made
  3 36 available to an insured or enrollee under a health
  3 37 care plan.
  3 38    10.  This chapter does not apply to workers'
  3 39 compensation coverage."
  3 40    #2.  Title page, line 1, by inserting after the
  3 41 word "Act" the following:  "relating to insurance and
  3 42 consumers of insurance including the duties of certain
  3 43 insurers to consumers and including".  
  3 44 
  3 45 
  3 46                               
  3 47 JOCHUM of Dubuque 
  3 48 HF 2517.506 77
  3 49 pf/jw/28
     

Text: H08317                            Text: H08319
Text: H08300 - H08399                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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