(a) It is an unfair insurance practice for the purposes of chapter 29 of this title to knowingly access or utilize a provider’s contractual discount pursuant to a provider network contract without a contractual relationship with the provider, contracting entity, or third party, as specified in this chapter. (b) Contracting entities and third parties are obligated to comply with § 27-20.10-4(b)(2) or § 27-20.10-5(c)(1) and (2) concerning the services referenced on a remittance advice (RA) or explanation of payment (EOP). A provider may refuse the discount taken on the RA or EOP if the discount is taken without a contractual basis or in violation of these sections. However, an error in the RA or EOP may be corrected within thirty (30) days following notice by the provider. (c) A contracting entity may not lease, rent, or otherwise grant to a third party, access to a provider network contract unless the third party accessing the healthcare contract is: (1) A payer or third-party administrator or another entity that administers or processes claims on behalf of the payer; (2) A preferred provider organization or preferred provider network, including a physician organization or physician-hospital organization; or (3) An entity engaged in the electronic claims transport between the contracting entity and the payer that does not provide access to the provider’s services and discount to any other third party.
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