Bill > S1870

Introduced Session

This bill revises certain provisions of the out-of-network health care services law concerning binding arbitration. The bill requires the Commissioner of Banking and Insurance to establish a liaison within the Department of Banking and Insurance to assist carriers, providers, and covered persons with any issues that may arise concerning an arbitration conducted pursuant to the out-of-network health care services law. The liaison is also required to communicate with any arbitrator contracted with by the department pursuant to that law. The bill requires the commissioner to establish procedures for the liaison to receive information from, provide information to, and coordinate information among arbitrators, carriers, providers, and covered persons, concerning any arbitration or potential arbitration. The bill provides that the liaison may not provide legal counsel to any party to an arbitration. The bill provides that all evidence submitted by the parties to the arbitration is to be available for examination by all parties to the arbitration. In considering any evidence submitted by the parties with regard to the cost of comparable services, the bill requires the arbitrator to give the greatest evidentiary weight to the cost of comparable services performed at or closest to the provider's primary place of business. The bill requires the commissioner to establish a process through which a party requesting arbitration may appeal a decision of an arbitrator to deny the request for arbitration. The appeal process must allow for the review and reversal of any denial of a request for arbitration.

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Vin Gopal (D)*, 

Introduced in the Senate, Referred to Senate Commerce Committee (on 02/24/2020)

Official Document