§ 3217-b. Prohibitions. (a) No insurer subject to this article shall\nby contract, written policy or written procedure prohibit or restrict\nany health care provider from disclosing to any insured, designated\nrepresentative or, where appropriate, prospective insured, (hereinafter\ncollectively referred to as insured) any information that such provider\ndeems appropriate regarding:\n (1) a condition or a course of treatment with an insured including the\navailability of other therapies, consultations, or tests; or\n (2) the provisions, terms, or requirements of the insurer's products\nas they relate to the insured.\n (b) No insurer subject to this article shall by contract, written\npolicy, written procedure or practice prohibit or restrict any health\ncare provider from filing a complaint, making a report or commenting to\nan appropriate governmental body regarding the policies or practices of\nsuch insurer which the provider believes may negatively impact upon the\nquality of, or access to, patient care. Nor shall an insurer subject to\nthis article take any adverse action, including but not limited to\nrefusing to renew or execute a contract or agreement with a health care\nprovider as retaliation against a health care provider for filing a\ncomplaint, making a report or commenting to an appropriate governmental\nbody regarding policies or practices of such insurer which may violate\nthis chapter including paragraphs thirty, as added by chapter forty-one\nof the laws of 2014, thirty-one, thirty-one-a and thirty-five of\nsubsection (i) of section thirty-two hundred sixteen and paragraphs\nfive, six, seven, seven-a and seven-b of subsection (l) of section\nthirty-two hundred twenty-one of this article.\n (c) No insurer subject to this article shall by contract, written\npolicy or written procedure prohibit or restrict any health care\nprovider from advocating to the insurer on behalf of the insured for\napproval or coverage of a particular course of treatment or for the\nprovision of health care services.\n (d) No contract or agreement between an insurer subject to this\narticle and a health care provider shall contain any clause purporting\nto transfer to the health care provider by indemnification or otherwise\nany liability relating to activities, actions or omissions of the\ninsurer as opposed to the health care provider.\n (e) Contracts entered into between an insurer and a health care\nprovider shall include terms which prescribe:\n (1) the method by which payments to a provider, including any\nprospective or retrospective adjustments thereto, shall be calculated;\n (2) the time periods within which such calculations will be completed,\nthe dates upon which any such payments and adjustments shall be\ndetermined to be due, and the dates upon which any such payments and\nadjustments will be made;\n (3) a description of the records or information relied upon to\ncalculate any such payments and adjustments, and a description of how\nthe provider can access a summary of such calculations and adjustments;\n (4) the process to be employed to resolve disputed incorrect or\nincomplete records or information and to adjust any such payments and\nadjustments which have been calculated by relying on any such incorrect\nor incomplete records or information so disputed; provided, however,\nthat nothing herein shall be deemed to authorize or require the\ndisclosure of personally identifiable patient information or information\nrelated to other individual health care providers or the plan's\nproprietary data collection systems, software or quality assurance or\nutilization review methodologies; and\n (5) the right of either party to the contract to seek resolution of a\ndispute arising pursuant to the payment terms of such contracts through\na proceeding under article seventy-five of the civil practice law and\nrules.\n (f) No contract entered into between an insurer and a health care\nprovider shall be enforceable if it inc
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