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§4803
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§4803 . Health care professional applications and terminations.
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§4803(a)
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(a) An insurer which offers a managed care product shall, upon request, make available and disclose to health care professionals written application procedures and minimum qualification requirements which a health care professional must meet in order to be considered by the insurer for participation in the in-network benefits portion of the insurer's network for the managed care product. The insurer shall consult with appropriately qualified health care professionals in developing its qualification requirements for participation in the in-network benefits portion of the insurer's network for the managed care product. An insurer shall complete review of the health care professional's application to participate in the in-network portion of the insurer's network and, within 90 days of receiving a health care professional's completed application to participate in the insurer's network, will notify the health care professional as to (i) whether he or she is credentialed or (ii) whether additional time is necessary to make a determination in spite of insurer's best efforts or because of a failure of a third-party to provide necessary documentation, or non-routine or unusual circumstances require additional time for review. In such instances where additional time is necessary because of a lack of necessary documentation, an insurer shall make every effort to obtain such information as soon as possible.
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§4803(b)
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(b)
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§4803(b)(1)
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(1) An insurer shall not terminate a contract with a health care professional for participation in the in-network benefits portion of the insurer's network for a managed care product unless the insurer provides to the health care professional a written explanation of the reasons for the proposed contract termination and an opportunity for a review or hearing as hereinafter provided. (this §) shall not apply in cases involving imminent harm to patient care, a determination of fraud, or a final disciplinary action by a state licensing board or other governmental agency that impairs the health care professional's ability to practice.
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§4803(b)(2)
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(2) The notice of the proposed contract termination provided by the insurer to the health care professional shall include:
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§4803(b)(2)
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(i) the reasons for the proposed action;
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§4803(b)(2)
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(ii) notice that the health care professional has the right to request a hearing or review, at the professional's discretion, before a panel appointed by the insurer;
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§4803(b)(2)
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(iii) a time limit of not less than 30 days within which a health care professional may request a hearing or review; and
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§4803(b)(2)
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(iv) a time limit for a hearing date which must be held within not less than 30 days after the date of receipt of a request for a hearing.
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§4803(b)(3)
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(3) The hearing panel shall be comprised of 3 persons appointed by the insurer. At least 1 person on such panel shall be a clinical peer in the same discipline and the same or similar specialty as the health care professional under review. The hearing panel may consist of more than 3 persons, provided however that the number of clinical peers on such panel shall constitute 1-3rd or more of the total membership of the panel.
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§4803(b)(4)
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(4) The hearing panel shall render a decision on the proposed action in a timely manner. Such decision shall include reinstatement of the health care professional by the insurer, provisional reinstatement subject to conditions set forth by the insurer or termination of the health care professional. Such decision shall be provided in writing to the health care professional.
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§4803(b)(5)
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(5) A decision by the hearing panel to terminate a health care professional shall be effective not less than 30 days after the receipt by the health care professional of the hearing panel's decision; provided, however, that the provisions of subsection §4804(e) shall apply to such termination.
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§4803(b)(6)
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(6) In no event shall termination be effective earlier than 60 days from the receipt of the notice of termination.
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§4803(c)
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(c) Either party to a contract for participation in the in-network benefits portion of an insurer's network for a managed care product may exercise a right of non-renewal at the expiration of the contract period set forth therein or, for a contract without a specific expiration date, on each January 1st occurring after the contract has been in effect for at least 1 year, upon 60 days notice to the other party; provided, however, that any non-renewal shall not constitute a termination for purposes of (this §) .
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§4803(d)
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(d) An insurer shall develop and implement policies and procedures to ensure that health care providers participating in the the in-network benefits portion of an insurer's network for a managed care product are regularly informed of information maintained by the insurer to evaluate the performance or practice of the health care professional. The insurer shall consult with health care professionals in developing methodologies to collect and analyze provider profiling data. Insurers shall provide any such information and profiling data and analysis to these health care professionals. Such information, data or analysis shall be provided on a periodic basis appropriate to the nature and amount of data and the volume and scope of services provided. Any profiling data used to evaluate the performance or practice of such a health care professional shall be measured against stated criteria and an appropriate group of health care professionals using similar treatment modalities serving a comparable patient population. Upon presentation of such information or data, each such health care professional shall be given the opportunity to discuss the unique nature of the health care professional's patient population which may have a bearing on the professional's profile and to work cooperatively with the insurer to improve performance.
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§4803(e)
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(e) No insurer shall terminate or refuse to renew a contract for participation in the in-network benefits portion of an insurer's network for a managed care product solely because the health care professional has (1) advocated on behalf of an insured; (2) has filed a complaint against the insurer; (3) has appealed a decision of the insurer; (4) provided information or filed a report pursuant to §4400 c the public health law; or (5) requested a hearing or review pursuant to (this §) .
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§4803(f)
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(f) Except as provided herein, no contract or agreement between an insurer and a health care professional for participation in the in-network benefits portion of an insurer's network for a managed care product shall contain any provision which shall supersede or impair a health care professional's right to notice of reasons for termination and the opportunity for a hearing concerning such termination.
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§4803(g)
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(g) Any contract provision in violation of (this §) shall be deemed to be void and unenforceable.
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§4803(h)
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(h) For purposes of (this §) ,"health care professional" shall mean a health care professional licensed, registered or certified pursuant to title 8 of the education law. Source Data downloaded: 2009-04-09 15: 18: 32; Processed: 2009-05-08 15: 36: 15
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