Section 27-21A-23

Section 27-21A-23(Effective until Jan. 1, 2016) Statutory construction and relationship to other laws.

(a) Except as otherwise provided in this chapter, provisions of the insurance law and provisions of health care service plan laws shall not be applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision shall not apply to an insurer or health care service plan licensed and regulated pursuant to the insurance law or the health care service plan laws of this state except with respect to its health maintenance organization activities authorized and regulated pursuant to this chapter.



(b) Solicitation of enrollees by a health maintenance organization granted a certificate of authority shall not be construed to violate any provision of law relating to solicitation or advertising by health professionals.



(c) Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and shall be exempt from the provisions of Section 34-24-310, et seq., relating to the practice of medicine.



(d) No person participating in the arrangements of a health maintenance organization other than the actual provider of health care services or supplies directly to enrollees and their families shall be liable for negligence, misfeasance, nonfeasance, or malpractice in connection with the furnishing of such services and supplies.



(e) Nothing in this chapter shall be construed in any way to repeal or conflict with any provision of the certificate of need law.



(f) Notwithstanding the provisions of subsection (a), a health maintenance organization shall be subject to all of the following:



(1) Section 27-1-17.



(2) Chapter 56, regarding the Access to Eye Care Act.



(3) Chapter 54.



(4) Chapter 57, requiring coverage to be offered for the payment of colorectal cancer examinations for covered persons who are 50 years of age or older, or for covered persons who are less than 50 years of age and at high risk for colorectal cancer according to current American Cancer Society colorectal cancer screening guidelines.



(5) Chapter 58, requiring that policies and contracts including coverage for prostate cancer early detection be offered, together with identification of associated costs.



(6) Chapter 59, requiring that policies and contracts including coverage for chiropractic be offered, together with identification of associated costs.



(7) Rules promulgated by the Commissioner of Insurance pursuant to Sections 27-7-43 and 27-7-44.



(8) Chapter 12A.



(9) Chapter 54A, requiring policies and contracts to offer coverage for certain treatment for Autism Spectrum Disorder under certain conditions.



(10) Chapter 2B, regarding risk-based capital.

(Acts 1986, No. 86-471, p. 854, §23; Act 2001-445, p. 573, §1; Act 2001-477, p. 640, §10; Act 2002-511, p. 1315, §1; Act 2004-502, p. 969, §8; Act 2007-389, p. 778, §5; Act 2008-502, p. 1106, §4; Act 2012-298, p. 647, §3; Act 2012-429, p. 1170, §6; Act 2014-377, §7.)