§ 15-10B-17. Patient referrals by private review agents

   (a) In general. --

   (1) Except as provided in paragraph (2) of this subsection, this section does not apply to:

      (i) a private review agent referring an individual to a health care provider or facility that participates in a health maintenance organization;

      (ii) a preferred provider organization network of participating health care providers or facilities to which the individual would otherwise be referred as part of the individual's membership or insurance contract; or

      (iii) an employee assistance program referring an individual to a network of participating health care providers or facilities in accordance with a contract with the individual's employer or labor union to provide comprehensive mental health and substance abuse services.

   (2) A private review agent or any other individual who is either affiliated with, under contract with, or acting on behalf of a private review agent may not approve or fail to approve a course of treatment based on whether the treatment is delivered by a provider who is a participating or nonparticipating provider in the preferred provider organization or employee assistance program network.

(b) Private review agent -- Restricted referrals. -- A private review agent or any individual who is either affiliated with, under contract with, or acting on behalf of a private review agent may not:

   (1) refer a patient who has undergone utilization review by the private review agent to:

      (i) a health care facility in which the private review agent owns a significant beneficial interest; or

      (ii) the private review agent's own health care practice;

   (2) pay or agree to pay any sum to, or accept or agree to accept any sum from, any person for bringing or referring a patient to the private review agent; or

   (3) provide for different insurance coverage or benefits based on receiving the service from a health care facility or health care provider in which the private review agent owns a significant beneficial interest.

(c) Private review agent -- Permitted referrals. -- A private review agent or any individual who is either affiliated with, under contract with, or acting on behalf of a private review agent may refer a patient who has undergone utilization review by the private review agent to another health care provider regulated under the Health Occupations Article if:

   (1) (i) the patient or provider requests the private review agent to provide the patient with the name of a health care provider appropriate to meet the health care needs of the patient; or

      (ii) the patient has no attending physician; and

   (2) the private review agent provides the patient with the names of at least two health care providers appropriate to meet the health care needs of the patient.

HISTORY: 2000, ch. 123.