Section 1373.9 Of Article 5. Standards From California Health And Safety Code >> Division 2. >> Chapter 2.2. >> Article 5.
1373.9
. (a) Except in the case of a specialized health care
service plan, a health care service plan which negotiates and enters
into a contract with professional providers to provide services at
alternative rates of payment of the type described in Sections 10133
and 11512 of the Insurance Code, shall give reasonable consideration
to timely written proposals for affiliation by licensed or certified
professional providers.
(b) For the purposes of this section, the following definitions
are applicable:
(1) "Reasonable consideration" means consideration in good faith
of the terms of proposals for affiliation prior to the time that
contracts for alternative rates of payment are entered into or
renewed. A plan may specify the terms and conditions of affiliation
to assure cost efficiency, qualification of providers, appropriate
utilization of services, accessibility, convenience to persons who
would receive the provider's services, and consistency with the plan'
s basic method of operation, but shall not exclude providers because
of their category of license.
(2) "Professional provider" means a holder of a certificate or
license under Division 2 (commencing with Section 500) of the
Business and Professions Code, or any initiative act referred to
therein, except for those certified or licensed pursuant to Article 3
of Chapter 5 (commencing with Section 2050) or Chapter 11
(commencing with Section 4800), who may, within the scope of their
licenses, perform the services of a specific plan benefit defined in
the health care service plan's contracts with its enrollees.
(c) A plan which has an affiliation with an institutional provider
or with professional providers is not required by this section to
give consideration to affiliation with professional providers who
hold the same category of license or certificate and propose to serve
a geographic area served adequately by the affiliated providers that
provide their professional services as employees or agents of that
institutional or professional provider, or contract with that
institutional or professional provider to provide professional
services.