SENATE, No. 587

By Ms. Fargo, a petition (accompanied by bill, Senate, No. 587) of Susan C. Fargo for legislation relative to physician contracting. Financial Services.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT relative to physician contracting

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 108 of chapter 175 of the General Laws, as amended by section 33 of chapter 324 of the acts of 2006, is hereby amended by adding at the end thereof the following paragraph:-

            13.  When a contract between a company and provider of health care services includes provisions that require the provider, as a condition of participating in one of the company’s plans, to participate in any other plans, the contract shall contain a provision permitting the provider to refuse participation in one or more such other plans at the time the contract is executed without affecting the provider’s status as a member of or for eligibility in the plan which is the subject of such contract or other plans.

SECTION 2.  Section 110(G) of chapter 175, as appearing in the 2004 Official Edition, is hereby amended by adding at the end thereof the following words:-  “When a contract between an insurance company and provider of health care services includes provisions that require the provider, as a condition of participating in one of the company’s plans, to participate in any other plans, the contract shall contain a provision permitting the provider to refuse participation in one or more such other plans at the time the contract is executed without affecting the provider’s status as a member of or for eligibility in the plan which is the subject of such contract or other plans.”         

SECTION 3.  Section 8 of chapter 176A, as so appearing, is hereby amended by inserting at the end thereof the following new subsection: 

(h)  When a contract between the corporation and a provider of health care services includes provisions that require the provider, as a condition of participating in one of the corporations plans, to participate in any other plan, the contract shall contain a provision permitting the provider to refuse participation in one or more such other plans at the time the contract is executed without affecting the provider’s status as a member of or for eligibility in the plan which is the subject of such contract or other plans.    

SECTION 4.  Section 7 of chapter 176B, as so appearing, is hereby amended by adding at the end thereof the following words:-  “When a contract between a medical service corporation and a provider of health care services includes provisions that require the provider, as a condition of participating in one of the medical service corporations plans, to participate in any other plan, the contract shall contain a provision permitting the provider to refuse participation in one or more such other plans at the time the contract is executed without affecting the provider’s status as a member of or for eligibility in the plan which is the subject of such contract or other plans.”

SECTION 5.  Section 6 of chapter 176G, as appearing in the 2004 Official Edition, is hereby amended by adding at the end thereof the following words:-  “When a contract between a medical service corporation and a provider of health care services includes provisions that require the provider, as a condition of participating in one of the medical service corporations plans, to participate in any other plan, the contract shall contain a provision permitting the provider to refuse participation in one or more such other plans at the time the contract is executed without affecting the provider’s status as a member of or for eligibility in the plan which is the subject of such contract or other plans.”