Text: S05186                            Text: S05188
Text: S05100 - S05199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5187

Amendment Text

PAG LIN
  1  1    Amend House File 2316, as passed by the House, as
  1  2 follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  NEW SECTION.  514L.1  LIABILITY OF A
  1  6 MANAGED CARE HEALTH PLAN OR HEALTH MAINTENANCE
  1  7 ORGANIZATION.
  1  8    1.  For purposes of this section, unless the
  1  9 context otherwise requires:
  1 10    a.  "Managed care health plan" means a health
  1 11 benefit plan that selects and contracts with health
  1 12 care providers; manages and coordinates health care
  1 13 delivery; monitors necessity, appropriateness, and
  1 14 quality of health care delivered by health care
  1 15 providers; and performs utilization review and cost
  1 16 control.
  1 17    b.  "Health maintenance organization" means a
  1 18 health maintenance organization as defined in section
  1 19 514B.1, subsection 6.
  1 20    2.  a.  A managed care health plan or health
  1 21 maintenance organization shall exercise ordinary care
  1 22 when making health care treatment decisions and is
  1 23 liable for damages for harm to an insured or enrollee
  1 24 proximately caused by its failure to exercise ordinary
  1 25 care.  An insured or enrollee may bring an action
  1 26 against a managed care health plan or health
  1 27 maintenance organization for a breach of the duty to
  1 28 exercise ordinary care.
  1 29    For purposes of this section, a managed care health
  1 30 plan or health maintenance organization includes an
  1 31 employee, agent, or other person acting on behalf of
  1 32 the managed care health plan or health maintenance
  1 33 organization.
  1 34    b.  In any action brought under this section
  1 35 against a managed care health plan or health
  1 36 maintenance organization, the managed care health plan
  1 37 or health maintenance organization may assert as a
  1 38 defense either of the following:
  1 39    (1)  The managed care health plan or health
  1 40 maintenance organization did not control, influence,
  1 41 or participate in the health care treatment decision.
  1 42    (2)  The managed care health plan or health
  1 43 maintenance organization did not deny or delay payment
  1 44 for any treatment prescribed or recommended by a
  1 45 health care provider.
  1 46    c.  This section does not create a duty on the part
  1 47 of the managed care health plan or health maintenance
  1 48 organization to provide treatment which is not covered
  1 49 by the health care plan of the managed care health
  1 50 plan or health maintenance organization.
  2  1    d.  In an action against a managed care health plan
  2  2 or health maintenance organization, a finding that a
  2  3 physician or other health care provider is an
  2  4 employee, agent, or representative of such managed
  2  5 care health plan or health maintenance organization
  2  6 shall not be based solely on proof that such person's
  2  7 name appears in a listing of approved health care
  2  8 providers made available to insureds or enrollees."
  2  9    #2.  By renumbering as necessary.  
  2 10 
  2 11 
  2 12                               
  2 13 JOHNIE HAMMOND
  2 14 HF 2316.201 78
  2 15 mj/gg
     

Text: S05186                            Text: S05188
Text: S05100 - S05199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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