§ 4325. Prohibitions. (a) No corporation organized under this article\nshall by contract, written policy or written procedure prohibit or\nrestrict any health care provider from disclosing to any subscriber,\ndesignated representative or, where appropriate, prospective subscriber,\n(hereinafter collectively referred to as subscriber) any information\nthat such provider deems appropriate regarding:\n (1) a condition or a course of treatment with a subscriber including\nthe availability of other therapies, consultations, or tests; or\n (2) the provisions, terms, or requirements of the corporation's\nproducts as they relate to the subscriber.\n (b) No corporation organized under this article shall by contract,\nwritten policy, written procedure or practice prohibit or restrict any\nhealth care provider from filing a complaint, making a report or\ncommenting to an appropriate governmental body regarding the policies or\npractices of such corporation which the provider believes may negatively\nimpact upon the quality of or access to patient care. Nor shall a\ncorporation organized under this article take any adverse action,\nincluding but not limited to refusing to renew or execute a contract or\nagreement with a health care provider as retaliation against a health\ncare provider for filing a complaint, making a report or commenting to\nan appropriate governmental body regarding policies or practices of such\ncorporation which may violate this chapter including subsection (g),\n(k), (1), (1-1) or (1-2) of section forty-three hundred three of this\narticle.\n (c) No corporation organized under this article shall by contract,\nwritten policy or written procedure prohibit or restrict any health care\nprovider from advocating to the corporation on behalf of the subscriber\nfor approval or coverage of a particular course of treatment.\n (d) No contract or agreement between a corporation organized under\nthis article and a health care provider shall contain any clause\npurporting to transfer to the health care provider by indemnification or\notherwise any liability relating to activities, actions or omissions of\nthe corporation 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 rates 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 contract through a\nproceeding 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 includes terms which transfer\nfinancial risk to providers, in a manner inconsistent with the\nprovisions of paragraph (c) of subdivision one of section forty-four\nhundred thre
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