41-3928. INCENTIVES TO WITHHOLD CARE PROHIBITED. (1) No managed care organization shall offer a provider and no contract between a managed care organization and a provider shall contain any incentive plan that includes a specific payment made, in any type or form, to the provider as an inducement to deny, reduce, limit, or delay specific, medically necessary, and appropriate services covered by the health care contract and provided with respect to a specific member or group of members with similar medical conditions.
(2) Nothing in this section shall be construed to prohibit contracts that contain incentive plans that involve general payments such as capitation payments or shared risk agreements that are not tied to specific medical decisions involving specific members or groups of members with similar medical conditions.
History:
[41-3928, added 1997, ch. 204, sec. 31, p. 601.]
Structure Idaho Code
Chapter 39 - MANAGED CARE REFORM
Section 41-3901 - SHORT TITLE.
Section 41-3902 - INTENT AND PURPOSE.
Section 41-3903 - DEFINITIONS.
Section 41-3905 - QUALIFICATIONS FOR CERTIFICATE OF AUTHORITY.
Section 41-3906 - APPLICATION FOR CERTIFICATE OF AUTHORITY.
Section 41-3910 - REPORTS TO THE DIRECTOR.
Section 41-3911 - EXAMINATIONS.
Section 41-3912 - SUSPENSION OR REVOCATION OF CERTIFICATE OF AUTHORITY.
Section 41-3914 - ANNUAL DISCLOSURES.
Section 41-3915 - HEALTH CARE CONTRACTS.
Section 41-3916 - ADVISORY PANELS.
Section 41-3917 - CERTAIN WORDS PROHIBITED IN NAME OF ORGANIZATION.
Section 41-3918 - GRIEVANCE SYSTEM.
Section 41-3919 - OPEN ENROLLMENT.
Section 41-3921 - STATUTORY CONSTRUCTION AND RELATIONSHIP TO OTHER LAWS.
Section 41-3922 - TAXATION — PENALTY FOR FAILURE TO FILE.
Section 41-3924 - LIMITATION OF BENEFITS FOR ELECTIVE ABORTIONS.
Section 41-3925 - SERVICES PROVIDED BY GOVERNMENTAL ENTITIES.
Section 41-3926 - MAMMOGRAPHY COVERAGE.
Section 41-3928 - INCENTIVES TO WITHHOLD CARE PROHIBITED.
Section 41-3930 - UTILIZATION MANAGEMENT PROGRAM REQUIREMENTS.
Section 41-3931 - PARTICIPATION IN IDAHO LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION.