LD 631
pg. 6
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LR 140
Item 1

 
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.

 
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.

 
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.

 
§4312.__Access to clinical trials

 
1.__Qualified individual.__An enrollee is eligible for
coverage for participation in an approved clinical trial if the
enrollee meets the following conditions:

 
A. The enrollee has a life-threatening or serious illness
for which no standard treatment is effective;

 
B.__The enrollee is eligible to participate according to the
clinical trial protocol with respect to treatment of that
illness;

 
C.__The enrollee's participation in the trial offers
meaningful potential for significant clinical benefit to the
enrollee; and

 
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.

 
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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