4306-C - Grievance procedure and access to specialty care.

* §  4306-c.  Grievance  procedure and access to specialty care. (a) A  corporation, including a  municipal  cooperative  health  benefits  plan  certified pursuant to article forty-seven of this chapter, that issues a  comprehensive contract that utilizes a network of providers and is not a  managed  care  health insurance contract as defined in subsection (c) of  section four thousand eight hundred one of this chapter shall  establish  and  maintain  a grievance procedure consistent with the requirements of  section four thousand eight hundred two of this chapter.    (b) A corporation, including a municipal cooperative  health  benefits  plan  certified  pursuant  to  article forty-seven of this chapter, that  issues a comprehensive contract that utilizes a network of providers and  is not a managed care health insurance contract as defined in subsection  (c) of section four thousand eight  hundred  one  of  this  chapter  and  requires  that  specialty care be provided pursuant to a referral from a  primary care provider  shall  provide  access  to  such  specialty  care  consistent  with  the  requirements  of  subsections (b), (c) and (d) of  section four thousand eight  hundred  four  of  this  chapter;  provided  however, that nothing in this section shall be construed to require that  a  corporation, or a primary care provider on behalf of the corporation,  make a referral to a provider that is not in the corporation's network.    (c) A corporation, including a municipal cooperative  health  benefits  plan  certified  pursuant  to  article forty-seven of this chapter, that  issues a comprehensive contract that utilizes a network of providers and  is not a managed care health insurance contract as defined in subsection  (c) of section four thousand eight hundred one  of  this  chapter  shall  provide  access to transitional care consistent with the requirements of  subsections (e) and (f) of section four thousand eight hundred  four  of  this chapter.    * NB Effective January 1, 2011