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2007 SESSION
064298780Be it enacted by the General Assembly of Virginia:
1. That § 38.2-3407.13:2 of the Code of Virginia is amended and reenacted as follows:
§ 38.2-3407.13:2. (See Editor's note) Claims paid to insureds for services from nonparticipating physicians.
When an insurer, health services plan or health maintenance
organization follows a policy of sending its payment to the insured, subscriber
or enrollee for a claim for services received from a nonparticipating physician
or osteopath, the insurer, health services plan or health maintenance
organization shall: (i) include
1. Include language in the certificate
or evidence of coverage of the insured, subscriber or enrollee that notifies
the insured, subscriber or enrollee of the responsibility to apply the plan
payment to the claim from such nonparticipating provider, (ii) include this and
of the nonparticipating provider's right to recover from such insured,
subscriber or enrollee the lesser of $250 or three times the amount of payment,
together with the amount of
payment pursuant to § 8.01-27.4, if
the insured, subscriber or enrollee fails to apply payment to the claim within
30 days of receipt of the payment from
the insurer;
2. Include the language required
pursuant to subdivision 1 with any such payment sent to the
insured, subscriber or enrollee, and (iii) include
3. Include the name and any last known address of the nonparticipating provider on the explanation of benefits statement.