58-3-231. Payment under locum tenens arrangements.
(a) As used in this section, the following definitions apply:
(1) Covered visit services. - All office visits, emergency visits, and any related service performed by a physician that is covered by the insurer.
(2) Insurer. - Defined in G.S. 58-3-167(a).
(3) Locum tenens agency. - A company authorized to conduct business in North Carolina that provides, through contract, locum tenens placement and administrative services for regular physicians, locum tenens physicians, medical groups, and hospitals.
(4) Locum tenens physician. - A physician who substitutes for a regular physician on a temporary basis and is not an employee of the regular physician.
(5) Regular physician. - The physician that is normally scheduled to see a patient, including physician specialists and a physician who has left a group practice for whom a locum tenens physician is retained.
(b) An insurer that provides a health benefit plan shall establish and maintain a process to allow a patient's regular physician to submit a claim and, if the claim is accepted, receive payment for covered visit services that the regular physician or a locum tenens agency arranges to be provided by a locum tenens physician, provided the following are true:
(1) The regular physician is unavailable to provide the covered visit services or the locum tenens physician is assisting the regular physician in providing covered visit services.
(2) The insured patient has arranged or seeks to receive the covered visit services from the regular physician.
(3) The locum tenens physician does not provide the covered visit services to insured patients of a single regular physician for more than 90 consecutive days.
(4) The regular physician identifies the covered visit services as locum tenens physician services meeting the requirements of this section by entering the proper code required by the insurer after the procedure code.
(5) The regular physician pays for the locum tenens physician's covered visit services on a per diem or similar fee-for-time basis.
(6) The regular physician maintains a record of each covered visit service provided by the locum tenens physician and makes this record available to the insurer upon request.
(c) A medical group or hospital may submit claims for the covered visit services of a locum tenens physician substituting for a regular physician who is a member of the group or an employee of the hospital if the requirements of subsection (b) of this section are met. For purposes of these requirements, per diem or similar fee-for-time compensation that the group or hospital pays for the locum tenens physician is considered paid by the regular physician. A physician who has left the group and for whom the group has engaged a locum tenens physician as a temporary replacement may bill for the temporary physician for up to 90 consecutive days.
(d) An insurer shall allow a locum tenens physician credentialed with that insurer to substitute for a regular physician in accordance with this section without a statement of supervision if (i) the regular physician is a solo practitioner or (ii) there is not otherwise a regular physician who is able to provide a statement of supervision.
(e) Locum tenens agencies may contract with regular physicians, medical groups, hospitals, and locum tenens physicians to provide placement and administrative services related to the locum tenens substitution, provided the following are true:
(1) The locum tenens agency charges fees that are reasonably related to the value of the services that the locum tenens agency provides.
(2) The locum tenens agency does not interfere with or attempt to influence the clinical judgment of a physician providing locum tenens services. (2011-315, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 3 - General Regulations for Insurance.
§ 58-3-1 - State law governs insurance contracts.
§ 58-3-5 - No insurance contracts except under Articles 1 through 64 of this Chapter.
§ 58-3-6 - Charitable gift annuities.
§ 58-3-7 - Certain accountable care organizations not subject to this Chapter.
§ 58-3-8 - Medical direct primary care agreements not subject to this Chapter.
§ 58-3-10 - Statements in application not warranties.
§ 58-3-15 - Additional or coinsurance clause.
§ 58-3-20 - Group plans other than life, annuity or accident and health.
§ 58-3-25 - Discriminatory practices prohibited.
§ 58-3-30 - Meaning of terms "accident", "accidental injury", and "accidental means".
§ 58-3-33 - Insurer conditionally required to provide information.
§ 58-3-35 - Stipulations as to jurisdiction and limitation of actions.
§ 58-3-40 - Proof of loss forms required to be furnished.
§ 58-3-45 - Insurance as security for a loan by the company.
§ 58-3-50 - Companies must do business in own name; emblems, insignias, etc.
§ 58-3-55 - Must not pay death benefits in services.
§ 58-3-60 - Publication of assets and liabilities; penalty for failure.
§ 58-3-65 - Publication of financial information.
§ 58-3-71 - Unearned premium reserves.
§ 58-3-72 - Premium deficiency reserves.
§ 58-3-75 - Loss and loss expense reserves of fire and marine insurance companies.
§ 58-3-81 - Loss and loss expense reserves of casualty insurance and surety companies.
§ 58-3-100 - Insurance company licensing provisions.
§ 58-3-105 - Limitation of risk.
§ 58-3-110 - Limitation of liability assumed.
§ 58-3-115 - Twisting with respect to insurance policies; penalties.
§ 58-3-120 - Discrimination forbidden.
§ 58-3-121 - Discrimination against coverage of certain bones and joints prohibited.
§ 58-3-135 - Certain insurance activities by lenders with customers prohibited.
§ 58-3-137 - Prohibition on provisions relating to replacement cost estimators.
§ 58-3-140 - Temporary contracts of insurance permitted.
§ 58-3-145 - Solicitation, negotiation or payment of premiums on insurance policies.
§ 58-3-147 - Credit card guaranty or collateral prohibited.
§ 58-3-149 - Certificates of insurance.
§ 58-3-150 - Forms to be approved by Commissioner.
§ 58-3-151 - Deemer provisions.
§ 58-3-152 - Excess liability policies; uninsured and underinsured motorist coverages.
§ 58-3-155 - Business transacted with insurer-controlled brokers.
§ 58-3-160 - Sale of company or major reorganization; license to be restricted.
§ 58-3-165 - Business transacted with producer-controlled property or casualty insurers.
§ 58-3-167 - Applicability of acts of the General Assembly to health benefit plans.
§ 58-3-168 - Coverage for postmastectomy inpatient care.
§ 58-3-169 - Required coverage for minimum hospital stay following birth.
§ 58-3-170 - Requirements for maternity coverage.
§ 58-3-171 - Uniform claim forms.
§ 58-3-172 - Notice of claim denied.
§ 58-3-175 - Direct payment to government agencies.
§ 58-3-176 - Treatment discussions not limited.
§ 58-3-177 - Uniform prescription drug identification cards.
§ 58-3-179 - Coverage for colorectal cancer screening.
§ 58-3-180 - Motor vehicle repairs; selection by claimant.
§ 58-3-181 - Synchronization of prescription refills.
§ 58-3-185 - Lien created for payment of past-due child support obligations.
§ 58-3-190 - Coverage required for emergency care.
§ 58-3-191 - Managed care reporting and disclosure requirements.
§ 58-3-192 - Coverage for autism spectrum disorder.
§ 58-3-200 - Miscellaneous insurance and managed care coverage and network provisions.
§ 58-3-215 - Genetic information in health insurance.
§ 58-3-220 - Mental illness benefits coverage.
§ 58-3-221 - Access to nonformulary and restricted access prescription drugs.
§ 58-3-223 - Managed care access to specialist care.
§ 58-3-225 - Prompt claim payments under health benefit plans.
§ 58-3-227 - Health plans fee schedules.
§ 58-3-228 - Coverage for extra prescriptions during a state of emergency or disaster.
§ 58-3-230 - Uniform provider credentialing.
§ 58-3-231 - Payment under locum tenens arrangements.
§ 58-3-235 - Selection of specialist as primary care provider.
§ 58-3-240 - Direct access to pediatrician for minors.
§ 58-3-245 - Provider directories; cost tools for insured.
§ 58-3-247 - Insurance identification card.
§ 58-3-250 - Payment obligations for covered services.
§ 58-3-255 - Coverage of clinical trials.
§ 58-3-256 - Coverage related to organ transplants.
§ 58-3-260 - Insurance coverage for newborn hearing screening mandated.
§ 58-3-265 - Prohibition on managed care provider incentives.
§ 58-3-270 - Coverage for surveillance tests for women at risk for ovarian cancer.
§ 58-3-275 - Closure of a block of business.
§ 58-3-280 - Coverage for the diagnosis and treatment of lymphedema.
§ 58-3-285 - Coverage for hearing aids.
§ 58-3-290 - Nondependent child coverage defined; open enrollment.
§ 58-3-300 - Health insurance issuers subject to certain requirements of federal law.