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B.__A carrier is not required to provide for a referral to a | specialist that is not a participating provider unless the | carrier does not have an appropriate specialist that is | available and accessible to treat the enrollee's condition. |
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| C.__If a carrier refers an enrollee to a nonparticipating | specialist, the specialist must provide the services | pursuant to the treatment plan at no additional cost to the | enrollee beyond what the enrollee would otherwise pay for | services rendered by such a specialist that is a | participating provider. |
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| | 5.__Standing referrals to specialists.__A carrier shall have a | procedure to allow an enrollee who has a condition that requires | ongoing care from a specialist to receive a standing referral to | such a specialist for treatment of the condition.__If the | carrier, or the enrollee's primary care physician in consultation | with the carrier's medical director, determines that a standing | referral is appropriate, the carrier shall make a referral to a | specialist. |
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| §4312.__Access to clinical trials |
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| | 1.__Qualified individual.__An enrollee is eligible for | coverage for participation in an approved clinical trial if the | enrollee meets the following conditions: |
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| A. The enrollee has a life-threatening or serious illness | for which no standard treatment is effective; |
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| B.__The enrollee is eligible to participate according to the | clinical trial protocol with respect to treatment of that | illness; |
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| C.__The enrollee's participation in the trial offers | meaningful potential for significant clinical benefit to the | enrollee; and |
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| D.__The enrollee's referring physician has concluded that | the enrollee's participation in such a trial is appropriate | based upon the satisfaction of the conditions in paragraphs | A, B and C. |
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| | 2.__Coverage.__A carrier may not deny an enrollee | participation in an approved clinical trial or deny, limit or | impose additional conditions on the coverage of routine patient | costs for items and services furnished in connection with | participation in the clinical trial.__For the purposes of this | subsection, "routine patient costs" do not include the costs of |
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