LD 631
pg. 5
Page 4 of 9 An Act to Establish a Patient's Bill of Rights Page 6 of 9
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LR 140
Item 1

 
female enrollees to designate a participating physician who
specializes in obstetrics and gynecology as the enrollee's
primary care physician.

 
B.__If a female enrollee has not designated a physician who
specializes in obstetrics and gynecology as her primary care
physician, the carrier may not require authorization or
referral by the enrollee's primary care physician for
coverage of routine gynecological care, including annual
examinations, and pregnancy-related services provided by a
participating health care professional who specializes in
obstetrics and gynecology to the extent such care is
otherwise covered.__The carrier shall treat the ordering of
other gynecological care by such a participating provider as
the authorization of the primary care physician with respect
to such care under the plan.

 
C.__This subsection may not be construed as waiving any
requirements of coverage relating to medical necessity or
appropriateness with respect to coverage of gynecological
care ordered.

 
3.__Specialists as primary care physicians.__A carrier shall
have a procedure to allow an enrollee who has an ongoing special
condition to receive a referral to a specialist who is
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 allow the specialist to serve as the enrollee's
primary care physician.__A specialist treating an enrollee in
accordance with this subsection must be permitted to treat the
enrollee without a referral from the enrollee's primary care
physician and may authorize any referrals, procedures, tests and
other medical services the enrollee's primary care physician
would otherwise be permitted to provide or authorize, subject to
the terms of a treatment plan.

 
4.__Referrals to specialists.__If an enrollee has a condition
or disease of sufficient seriousness and complexity to require
treatment by a specialist and benefits for such treatment are
provided under the plan, 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 as a result of a referral under this subsection be
pursuant to a treatment plan developed by the specialist and
approved by the carrier in consultation with the enrollee
and the enrollee's primary care physician in accordance with
applicable quality assurance and utilization review
standards of the carrier.


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