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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD0060364Be it enacted by the General Assembly of Virginia:
1. That §§ 38.2-3407 and 38.2-4209 of the Code of Virginia are amended and reenacted as follows:
§ 38.2-3407. Health benefit programs.
A. One or more insurers may offer or administer a health benefit program under which the insurer or insurers may offer preferred provider policies or contracts that limit the numbers and types of providers of health care services eligible for payment as preferred providers.
B. Any such insurer shall establish terms and conditions that shall be met
by a hospital, physician, pharmacist or type of provider listed in
§ 38.2-3408 in order to qualify for payment as a preferred provider under the
policies or contracts. These terms and conditions shall not discriminate
unreasonably against or among such health care providers. No hospital,
physician, pharmacist or type of provider listed in § 38.2-3408
willing to meet the terms and conditions offered to it or him shall be
excluded. Neither differences in prices among hospitals or other
institutional providers produced by a process of individual negotiations with
providers or based on market conditions, or nor price
differences among providers in different geographical areas, shall be deemed
unreasonable discrimination. The Commission shall have no jurisdiction to
adjudicate controversies growing out of this subsection.
C. Mandated types of providers set forth in § 38.2-3408, and
types of providers whose services are required to be made available and that
have been specifically contracted for by the holder of any such policy or
contract shall, to the extent required by § 38.2-3408, have the same
opportunity to qualify for payment as a preferred provider as do doctors of
medicine.
D. Preferred provider policies or contracts shall provide for payment for services rendered by nonpreferred providers, but the payments need not be the same as for preferred providers.
E. For the purposes of this section, "preferred provider policies or contracts" are insurance policies or contracts that specify how services are to be covered when rendered by preferred and nonpreferred classifications of providers.
§ 38.2-4209. Preferred provider subscription contracts.
A. As used in this section, a "preferred provider subscription contract" is a contract that specifies how services are to be covered when rendered by providers participating in a plan, by nonparticipating providers, and by preferred providers.
B. Notwithstanding the provisions of §§ 38.2-4218 and 38.2-4221, any nonstock corporation may, as a feature of its plan, offer preferred provider subscription contracts pursuant to the requirements of this section that limit the numbers and types of providers of health care services eligible for payment as preferred providers.
C. Any such nonstock corporation shall establish terms and conditions that shall be met by a hospital, physician, pharmacist or other type of provider listed in § 38.2-4221 in order to qualify for payment as a preferred provider under the subscription contracts. These terms and conditions shall not discriminate unreasonably against or among health care providers. No hospital, physician, pharmacist or type of provider listed in § 38.2-4221 willing to meet the terms and conditions offered to it or him shall be excluded. Differences in prices among hospitals or other institutional providers produced by a process of individual negotiations with the providers or based on market conditions, or price differences among providers in different geographical areas, shall not be deemed unreasonable discrimination. The Commission shall have no jurisdiction to adjudicate controversies growing out of this subsection.
D. Mandated types of providers listed in § 38.2-4221 and types of providers whose services are required to be made available and which have been specifically contracted for by the holder of any subscription contract shall, to the extent required by § 38.2-4221, have the same opportunity as do doctors of medicine to qualify for payment as preferred providers.
E. Preferred provider subscription contracts shall provide for payment for services rendered by nonpreferred providers, but the payments need not be the same as for preferred providers.