Connecticut Governor Dannel Malloy recently signed into law Public Act No. 16-205, "An Act Concerning Standards and Requirements for Health Carriers' Provider Networks and Contracts Between Health Carriers and Participating Providers."

Under the new law, any contract between a healthcare provider and a health carrier entered into, renewed or amended on or after January 1, 2017 must include, among other things, specific wording on "hold harmless" provisions for covered persons; insolvency provisions and protections; medical record release requirements for participating providers; disclosure of all provisions or documents incorporated into the participation agreement by reference and timely notice of any changes thereto; and a 60-day notice requirement for termination.

The new law requires each carrier to develop standards for selecting and, if applicable, tiering participating providers, but expressly maintains a health carrier's right to approve or disapprove the participation status of a healthcare provider or facility. Additionally, the law requires the health carrier to file information with the state's Insurance Commission on the adequacy of its participating provider network and any material change to its existing network.

In addition to health insurers, Connecticut law defines "health carrier" to include any other entity that contracts to "provide, deliver, arrange for, pay for or reimburse any of the costs of health care services, including a sickness and accident insurance company, a health care center, a managed care organization, a hospital service corporation, a medical service corporation or any other entity providing a plan of health insurance, health benefits or health care services."

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