Text: HF00324 Text: HF00326 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 514J.1 TITLE. 1 2 This chapter shall be known and may be cited as "Third- 1 3 party Payor Liability Act". 1 4 Sec. 2. NEW SECTION. 514J.2 DEFINITIONS. 1 5 As used in this chapter, unless the context otherwise 1 6 requires: 1 7 1. "Appropriate and medically necessary" means the 1 8 standard for health care services as determined by a physician 1 9 or health care provider consistent with accepted practices and 1 10 standards of care provided by the medical profession in the 1 11 community. 1 12 2. "Enrollee" means an individual who is enrolled in a 1 13 health care plan, including covered dependents. 1 14 3. "Health care plan" means a plan under which a person 1 15 undertakes to provide, arrange for, pay for, or reimburse any 1 16 part of the cost of any health care services. 1 17 4. "Health care provider" means a person licensed or 1 18 certified under chapter 147, 148, 148A, 148C, 149, 150, 150A, 1 19 151, 152, 153, 154, 154B, or 155A to provide in this state 1 20 professional health care service to an individual during that 1 21 individual's medical care, treatment, or confinement. 1 22 5. "Health care treatment decision" means a determination 1 23 made when health care services are actually provided under the 1 24 health care plan and a decision which affects the quality of 1 25 the diagnosis, care, or treatment provided to the plan's 1 26 insureds or enrollees. 1 27 6. "Health insurance carrier" means an entity subject to 1 28 the insurance laws and regulations of this state, or subject 1 29 to the jurisdiction of the commissioner of insurance, that 1 30 contracts or offers to contract, or that subcontracts or 1 31 offers to subcontract, to provide, deliver, arrange for, pay 1 32 for, or reimburse any of the costs of providing health care 1 33 services, including an insurance company offering sickness and 1 34 accident plans, a health maintenance organization, a nonprofit 1 35 health service corporation, or any other entity providing a 2 1 plan of health insurance, health benefits, or health services. 2 2 7. "Health maintenance organization" means a health 2 3 maintenance organization as defined in section 514B.1. 2 4 8. "Insured" means an individual who is covered by a 2 5 health care plan provided by a health insurance carrier. 2 6 9. "Managed care entity" means an entity that provides a 2 7 health care plan that selects and contracts with health care 2 8 providers; manages and coordinates health care services 2 9 delivery; monitors necessity, appropriateness, and quality of 2 10 health care services delivered by health care providers; and 2 11 performs utilization review and cost control. 2 12 10. "Ordinary care" means, in the case of a third-party 2 13 payor, that degree of care that a third-party of ordinary 2 14 prudence would provide under the same or similar 2 15 circumstances. In the case of a person who is an employee, 2 16 agent, or representative of a third-party payor, "ordinary 2 17 care" means that degree of care that a person of ordinary 2 18 prudence in the same profession, specialty, or area of 2 19 practice as such person would use in the same or similar 2 20 circumstances. 2 21 11. "Organized delivery system" means an organized 2 22 delivery system as licensed by the director of public health. 2 23 12. "Physician" means an individual licensed under chapter 2 24 148, 150, or 150A to practice medicine and surgery, 2 25 osteopathy, or osteopathic medicine and surgery. 2 26 13. "Third-party payor" means a health insurance carrier, 2 27 health maintenance organization, managed care entity, or 2 28 organized delivery system. 2 29 Sec. 3. NEW SECTION. 514J.3 THIRD-PARTY PAYOR LIABILITY. 2 30 1. A third-party payor has the duty to exercise ordinary 2 31 care when making health care treatment decisions and is liable 2 32 for damages for harm to an insured or enrollee proximately 2 33 caused by the third-party payor's failure to exercise such 2 34 ordinary care. 2 35 2. A third-party payor is also liable for damages for harm 3 1 to an insured or enrollee proximately caused by the health 3 2 care treatment decisions made by an employee, agent, or 3 3 representative of the third-party payor who is acting on 3 4 behalf of the third-party payor and over whom the third-party 3 5 payor has the right to exercise influence or control or has 3 6 actually exercised influence or control if such decision 3 7 results in the failure to exercise ordinary care. 3 8 3. It is a defense in an action brought pursuant to this 3 9 section against a third-party payor that neither the third- 3 10 party payor, nor an employee, agent, or representative of the 3 11 third-party payor controlled, influenced, or participated in 3 12 the health care treatment decision; or that the third-party 3 13 payor did not deny or delay payment for any health care 3 14 services prescribed or recommended by a health care provider 3 15 to the insured or enrollee. 3 16 4. Subsections 1 and 2 do not create an obligation on the 3 17 part of the third-party payor to provide any health care 3 18 services to an insured or enrollee that are not covered by the 3 19 health care plan offered by the third-party payor. 3 20 5. This chapter does not create any liability on the part 3 21 of an employer or an employer group purchasing organization 3 22 that purchases health care services coverage or assumes risk 3 23 on behalf of its employees. 3 24 6. A third-party payor shall not remove a health care 3 25 provider from its plan or refuse to renew the participation of 3 26 a health care provider under its plan for advocating 3 27 appropriate and medically necessary health care for the 3 28 insured or enrollee. 3 29 7. A third-party payor shall not enter into a contract 3 30 with a hospital or health care provider or pharmaceutical 3 31 company which includes an indemnification or hold harmless 3 32 clause for the acts or conduct of the third-party payor. Any 3 33 such indemnification or hold harmless clause in an existing 3 34 contract is void. 3 35 8. A provision under state law prohibiting a third-party 4 1 payor from practicing medicine or being licensed to practice 4 2 medicine shall not be asserted as a defense by such third- 4 3 party payor in an action brought against it pursuant to this 4 4 section or any other applicable law. 4 5 9. In an action against a third-party payor, a finding 4 6 that a health care provider is an employee, agent, or 4 7 representative of such third-party payor shall not be based 4 8 solely on proof that such a health care provider's name 4 9 appears in a listing of approved health care providers made 4 10 available to an insured or enrollee under a health care plan. 4 11 10. This chapter does not apply to workers' compensation 4 12 coverage. 4 13 EXPLANATION 4 14 This bill creates new Code chapter 514J. The bill provides 4 15 that a third-party payor has the duty to exercise ordinary 4 16 care when making health care treatment decisions and is liable 4 17 for damages for harm to an insured or enrollee proximately 4 18 caused by its failure to exercise such ordinary care. The 4 19 bill establishes certain defenses to such an action for 4 20 failure to use ordinary care and provides that the duty to 4 21 exercise ordinary care does not create an obligation on the 4 22 part of the third-party payor to provide health care services 4 23 to an insured or enrollee which is not covered by the health 4 24 care plan offered by the third-party payor. The bill defines 4 25 "third-party payor" as a health insurance carrier, health 4 26 maintenance organization, managed care entity, or organized 4 27 delivery system. 4 28 LSB 2195HH 78 4 29 mj/cf/24
Text: HF00324 Text: HF00326 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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