A. A nonstock corporation shall not fail or refuse, either directly or indirectly, to allow or to pay to a subscriber for all or any part of the health services rendered by any doctor of podiatry, doctor of chiropody, optometrist, optician, chiropractor, professional counselor, psychologist, physical therapist, clinical social worker, clinical nurse specialist, audiologist, speech pathologist, certified nurse midwife or other nurse practitioner, marriage and family therapist, athletic trainer, or licensed acupuncturist licensed to practice in Virginia, if the services rendered (i) are services provided for by the subscription contract; (ii) are services which the doctor of podiatry, doctor of chiropody, optometrist, optician, chiropractor, professional counselor, psychologist, physical therapist, clinical social worker, clinical nurse specialist, audiologist, speech pathologist, certified nurse midwife or other nurse practitioner, marriage and family therapist, athletic trainer, or licensed acupuncturist is licensed to render in this Commonwealth; and (iii) are, for any services rendered by an athletic trainer, rendered in an office setting.
B. If a subscription contract provides reimbursement for a service that may be legally performed by a licensed pharmacist, reimbursement under the subscription contract by the nonstock corporation shall not be denied because the service is rendered by the licensed pharmacist provided that (i) the service is performed for a subscriber for a condition under the terms of a collaborative agreement, as defined in § 54.1-3300, between a pharmacist and the physician with whom the subscriber is undergoing a course of treatment or (ii) the service is for the administration of vaccines for immunization. Notwithstanding the provisions of § 38.2-4209, the nonstock corporation may require the pharmacist, any pharmacy or provider that may employ such pharmacist, or the collaborating physician to enter into a written agreement with the nonstock corporation as a condition for reimbursement for such services. In addition, reimbursement to pharmacists acting under the terms of a collaborative agreement under this subsection shall not be subject to the provisions of § 38.2-4209.1.
Code 1950, § 32-195.10:1; 1966, c. 276, § 38.1-824; 1973, c. 428; 1979, cc. 13, 721; 1980, c. 682; 1986, c. 562; 1987, cc. 549, 551, 557; 1988, c. 522; 1989, cc. 7, 201; 1997, c. 203; 1998, c. 146; 2001, cc. 102, 475; 2019, cc. 332, 333; 2020, c. 726; 2022, cc. 440, 441.
Structure Code of Virginia
Chapter 42 - Health Services Plans
§ 38.2-4200. Applicability of chapter
§ 38.2-4202. Hospital services plans
§ 38.2-4203. Medical or surgical services plans
§ 38.2-4204. Merger of nonstock corporations
§ 38.2-4205. Dental and optometric services
§ 38.2-4206. Nonstock corporation required
§ 38.2-4207. Existing foreign nonstock corporation
§ 38.2-4208. Nonstock corporation not required to act as agent
§ 38.2-4209. Preferred provider subscription contracts
§ 38.2-4209.1. Pharmacies; freedom of choice
§ 38.2-4210. Liability of participants
§ 38.2-4211. Change of participants
§ 38.2-4212. Board of directors of nonstock corporation operating plan
§ 38.2-4213. Liability of participating providers upon merger of nonstock corporation
§ 38.2-4214. (Contingent expiration date - see notes) Application of certain provisions of law
§ 38.2-4214. (Contingent effective date - see notes) Application of certain provisions of law
§ 38.2-4214.1. Rehabilitation, liquidation, conservation
§ 38.2-4215. Payments by nonstock corporation
§ 38.2-4218. Subscriber to have free choice of medical practitioners available
§ 38.2-4219. Subscriber to be advised in writing as to benefits and limitations thereon
§ 38.2-4220. Interplan arrangements
§ 38.2-4221. Services of certain practitioners other than physicians to be covered
§ 38.2-4222. Licensing of nonstock corporations
§ 38.2-4223. Renewal of license
§ 38.2-4224. Licensing of agents
§ 38.2-4227. Misleading applications or contracts
§ 38.2-4228. Controversies involving subscription contracts
§ 38.2-4229.1. Conversion to domestic mutual insurer
§ 38.2-4229.2. Hearings and investigations on effect of other state's law
§ 38.2-4231. Registration of nonstock corporations that are members of holding company system
§ 38.2-4233. Commission approval required for certain transactions
§ 38.2-4235. Confidential treatment of information and documents