N.Y. Insurance Law Section 4306-C
Grievance procedure and access to specialty care


Mentioned in

Your Rights as a Health Insurance Consumer

NY State Dept. of Financial Services, August 16, 2023

“You have many rights and protections if you have health insurance coverage through an HMO or insurer…”
 
Bibliographic info

(a)

A corporation, including a municipal cooperative health benefits plan certified pursuant to article 47 (Municipal Cooperative Health Benefit Plans)article forty-seven of this chapter, that issues a comprehensive contract that utilizes a network of providers and is not a managed care health insurance contract as defined in subsection (c) of § 4801 (Application)section four thousand eight hundred one of this chapter shall establish and maintain a grievance procedure consistent with the requirements of § 4802 (Grievance procedure)section four thousand eight hundred two of this chapter.

(b)

A corporation, including a municipal cooperative health benefits plan certified pursuant to article 47 (Municipal Cooperative Health Benefit Plans)article forty-seven of this chapter, that issues a comprehensive contract that utilizes a network of providers and is not a managed care health insurance contract as defined in subsection (c) of § 4801 (Application)section four thousand eight hundred one of this chapter and requires that specialty care be provided pursuant to a referral from a primary care provider shall provide access to such specialty care consistent with the requirements of subsections (b), (c) and (d) of § 4804 (Access to specialty care)section four thousand eight hundred four of this chapter; provided however, that nothing in this section shall be construed to require that a corporation, or a primary care provider on behalf of the corporation, make a referral to a provider that is not in the corporation’s network.

(c)

A corporation, including a municipal cooperative health benefits plan certified pursuant to article 47 (Municipal Cooperative Health Benefit Plans)article forty-seven of this chapter, that issues a comprehensive contract that utilizes a network of providers and is not a managed care health insurance contract as defined in subsection (c) of § 4801 (Application)section four thousand eight hundred one of this chapter shall provide access to transitional care consistent with the requirements of subsections (e) and (f) of § 4804 (Access to specialty care)section four thousand eight hundred four of this chapter.

(d)

A corporation, including a municipal cooperative health benefit plan certified pursuant to article 47 (Municipal Cooperative Health Benefit Plans)article forty-seven of this chapter and a student health plan established or maintained pursuant to § 1124 (Institutions of higher education exempt)section one thousand one hundred twenty-four of this chapter, that issues a comprehensive policy that utilizes a network of providers and is not a managed care health insurance contract as defined in subsection (c) of § 4801 (Application)section four thousand eight hundred one of this chapter, shall provide access to out-of-network services consistent with the requirements of subsection (a) of § 4804 (Access to specialty care)section four thousand eight hundred four of this chapter, subsections (g-6) and (g-7) of § 4900 (Definitions)section four thousand nine hundred of this chapter, subsections (a-1) and (a-2) of § 4904 (Appeal of adverse determinations by utilization review agents)section four thousand nine hundred four of this chapter, paragraphs three and four of subsection (b) of § 4910 (Right to external appeal established)section four thousand nine hundred ten of this chapter, and subparagraphs (C) and (D) of paragraph four of subsection (b) of § 4914 (Procedures for external appeals of adverse determinations)section four thousand nine hundred fourteen of this chapter.

(e)

A corporation, including a municipal cooperative health benefit plan certified pursuant to article 47 (Municipal Cooperative Health Benefit Plans)article forty-seven of this chapter and a student health plan established or maintained pursuant to § 1124 (Institutions of higher education exempt)section one thousand one hundred twenty-four of this chapter as added by chapter 246 of the laws of 2012, that issues a comprehensive policy that uses a network of providers and is not a managed care health insurance contract, as defined in subsection (c) of § 4801 (Application)section four thousand eight hundred one of this chapter, shall establish and maintain procedures for health care professional applications and terminations consistent with the requirements of § 4803 (Health care professional applications and terminations)section four thousand eight hundred three of this chapter and procedures for health care facility applications consistent with § 4806 (Health care facility applications)section four thousand eight hundred six of this chapter.

Source: Section 4306-C — Grievance procedure and access to specialty care, https://www.­nysenate.­gov/legislation/laws/ISC/4306-C (updated Apr. 22, 2022; accessed Oct. 26, 2024).

4301
Organization of corporation
4302
Permit and license to do business
4303
Benefits
4303‑A
Prescription synchronization
4304
Individual contracts
4305
Group contracts
4306
Required contract provisions
4306‑A
Health insurance coverage for full-time students on medical leaves of absence
4306‑B
Primary and preventive obstetric and gynecologic care
4306‑C
Grievance procedure and access to specialty care
4306‑D
Choice of health care provider
4306‑E
Prohibition on lifetime and annual limits
4306‑F
Maternal depression screenings
4306‑G
Telehealth delivery of services
4306‑H
Essential health benefits package and limit on cost-sharing
4306‑I
Coverage for medically fragile children
4307
Providers of services
4308
Supervision of superintendent
4309
Limitation on expenses
4310
Investments
4312
Employment of solicitors
4313
Applicability of other provisions of this chapter
4314
Not to affect provisions of workers’ compensation law
4315
Arbitration
4316
Individual contracts
4317
Rating of individual and small group health insurance contracts
4318
Pre-existing condition provisions
4318‑A
Certification of creditable coverage by corporations organized under this article
4320
Limitations on administrative services and stop-loss coverage
4321
Standardization of individual enrollee direct payment contracts offered by health maintenance organizations prior to October first, two t...
4321‑A
Fund for standardized individual enrollee direct payment contracts
4322
Standardization of individual enrollee direct payment contracts offered by health maintenance organizations which provide out-of-plan ben...
4322‑A
Fund for standardized individual enrollee direct payment contracts which provide out-of-plan benefits
4323
Marketing materials
4324
Disclosure of information
4325
Prohibitions
4326
Standardized health insurance contracts for qualifying small employers and individuals
4327
Stop loss funds for standardized health insurance contracts issued to qualifying small employers and qualifying individuals
4328
Individual enrollee direct payment contracts offered by health maintenance organization on and after October first, two thousand thirteen
4329
Prescription drug coverage
4330
Discrimination because of sex or marital status in hospital, surgical or medical expense insurance

Accessed:
Oct. 26, 2024

Last modified:
Apr. 22, 2022

§ 4306-C’s source at nysenate​.gov

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