§ 4406-c. Prohibitions. 1. For purposes of this section, "health care\nplan" shall mean a health maintenance organization licensed pursuant to\narticle forty-three of the insurance law or certified pursuant to this\narticle or an independent practice association certified or recognized\npursuant to this article or a medical group.\n 2. No health care plan shall by contract or written policy or written\nprocedure prohibit or restrict any health care provider from disclosing\nto any subscriber, enrollee, patient, designated representative or,\nwhere appropriate, prospective enrollee, (hereinafter collectively\nreferred to as enrollee) any information that such provider deems\nappropriate regarding:\n (a) a condition or a course of treatment with an enrollee including\nthe availability of other therapies, consultations, or tests; or\n (b) the provisions, terms, or requirements of the health care plan's\nproducts as they relate to the enrollee, where applicable.\n 3. No health care plan shall by contract, written policy, written\nprocedure or practice prohibit or restrict any health care provider from\nfiling a complaint, making a report or commenting to an appropriate\ngovernmental body regarding the policies or practices of such health\ncare plan which the provider believes may negatively impact upon the\nquality of, or access to, patient care. Nor shall a health care plan\ntake any adverse action, including but not limited to refusing to renew\nor execute a contract or agreement with a health care provider as\nretaliation against a health care provider for filing a complaint,\nmaking a report or commenting to an appropriate governmental body\nregarding policies or practices of such health care plan which may\nviolate this chapter or the insurance law including subsection (g), (k),\n(l), (l-1) or (1-2) of section forty-three hundred three of the\ninsurance law.\n 4. No health care plan shall by contract, written policy or written\nprocedure prohibit or restrict any health care provider from advocating\nto the health care plan on behalf of the enrollee for approval or\ncoverage of a particular course of treatment or for the provision of\nhealth care services.\n 5. No contract or agreement between a health care plan and a health\ncare provider shall contain any clause purporting to transfer to the\nhealth care provider, other than a medical group, by indemnification or\notherwise any liability relating to activities, actions or omissions of\nthe health care plan as opposed to those of the health care provider.\n 5-a. Contracts entered into between a plan and a health care provider\nshall include terms which prescribe:\n (a) the method by which payments to a provider, including any\nprospective or retrospective adjustments thereto, shall be calculated;\n (b) 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 (c) 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 (d) the process to be employed to resolved 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 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 (e
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