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42 U.S.C. § 300gg–138Continuity of care

submitted 82 years ago by Pub. L. 116-260 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 155 words · no verdicts yet

in plain englishAI-generated · not legal advice

Providers giving continuing care under a special coverage-transition rule must accept the health plan's payment as payment in full. They can still collect the patient's normal cost-sharing. They must also keep following the plan's usual policies and quality standards, as if nothing had changed.

This section covers a specific situation: a patient is being treated by a health care provider or facility, and that treatment is covered under a group health plan or group or individual health insurance coverage because of the continuity-of-care rules in section 300gg–113 of this title (or the matching sections in the tax code and labor code). In that situation, the provider or facility must: (1) Accept the plan's or issuer's payment — along with the patient's cost-sharing, if any, calculated the way subsection (a)(2)(C) of those continuity-of-care sections requires — as full payment for the items and services. The provider cannot bill the patient for more. (2) Keep following every policy, procedure, and quality standard that the plan or issuer applies to that patient and those items and services — treating the situation exactly as if the network relationship had not ended.
the actual law source: uscode.house.gov ↗public domain

A health care provider or health care facility shall, in the case of an individual furnished items and services by such provider or facility for which coverage is provided under a group health plan or group or individual health insurance coverage pursuant to section 300gg–113 of this title, section 9818 of title 26, or section 1185g of title 29

(1)

accept payment from such plan or such issuer (as applicable) (and cost-sharing from such individual, if applicable, in accordance with subsection (a)(2)(C) of such section 300gg–113 of this title, 9818 of title 26, or 1185g of title 29) for such items and services as payment in full for such items and services; and

(2)

continue to adhere to all policies, procedures, and quality standards imposed by such plan or issuer with respect to such individual and such items and services in the same manner as if such termination had not occurred.

Source credit: (July 1, 1944, ch. 373, title XXVII, § 2799B–8, as added Pub. L. 116–260, div. BB, title I, § 113(d), Dec. 27, 2020, 134 Stat. 2873.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 116-260 · 134 Stat. 2873

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-260 on 1944-07-01.

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