North Carolina § 58-3-223 - Managed care access to specialist care.

§ 58-3-223. Managed care access to specialist care.

Each insurer offering a health benefit plan that does not allow direct access to all in-plan specialists shall develop and maintain written policies and procedures by which an insured may receive an extended or standing referral to an in-plan specialist. The insurer shall provide for an extended or standing referral to a specialist if the insured has a serious or chronic degenerative, disabling, or life-threatening disease or condition, which in the opinion of the insured's primary care physician, in consultation with the specialist, requires ongoing specialty care. The extended or standing referral shall be for a period not to exceed 12 months and shall be made under a treatment plan coordinated with the insurer in consultation with the primary care physician, the specialist, and the insured or the insured's designee. As used in this section: "Health benefit plan" has the meaning applied in G.S. 58-3-167. "Insurer" has the meaning applied in G.S. 58-3-167. "Serious or chronic degenerative, disabling, or life-threatening disease or condition" means a disease or condition, which in the opinion of the patient's treating primary care physician and specialist, requires frequent and periodic monitoring and consultation with the specialist on an ongoing basis. "Specialist" includes a subspecialist. History (1999-168, s. 1; 2001-446, s. 1.2.) Editor's Note. - Session Laws 1999-168, s. 2, made this section effective June 8, 1999, and applicable to health benefit plans that are delivered, issued for delivery, or renewed on and after January 1, 2000. For purposes of this act, renewal of a health benefit policy, contract, or plan is presumed to occur on each anniversary of the date on which coverage was first effective on the person or persons covered by the health benefit plan. Session Laws 2001-446, s. 8 provides: "Nothing in this act obligates the General Assembly to appropriate funds to implement this act." Legal Periodicals. - For comment, "Managed Care Organizations in North Carolina: Tort Liability Theories and Defenses," see 23 N.C. Cent. L.J. 58 (1997).