Statutory construction and relationship to other laws.

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(1) Except for sections 10-1-102, 10-1-116, 10-1-117, 10-1-118, 10-3-128, and 10-3-208, part 2 of article 1 of this title, and parts 4 to 8 of article 3 of this title, and as otherwise provided in this article, the provisions of the insurance law and provisions of nonprofit hospital, medical-surgical, and health service corporation laws shall not be applicable to any health maintenance organization granted a certificate of authority under this part 4.

  1. Solicitation of enrollees by a health maintenance organization granted a certificate ofauthority, or its representatives, shall not be construed as violating any provision of law relating to solicitation or advertising by health professionals; but such health professionals shall be individually subject to the laws, rules and regulations, and ethical provisions governing their individual profession.

  2. Any health maintenance organization authorized under part 1 of this article and thispart 4 shall not be deemed to be practicing medicine and shall be exempt from the provisions of laws relating to the practice of medicine.

Source: L. 92: Entire article R&RE, p. 1712, § 1, effective July 1; (1) amended, p. 1600, § 127, effective July 1. L. 94: (1) amended, p. 1630, § 30, effective May 31. L. 97: (1) amended, p. 93, § 4, effective March 24. L. 99: (1) amended, p. 84, § 4, effective July 1. L. 2001: (1) amended, p. 287, § 13, effective March 30; (1) amended, p. 1050, § 34, effective July 1. L. 2003: (1) amended, p. 618, § 19, effective July 1. L. 2004: (1) amended, p. 991, § 13, effective August 4. L. 2013: (1) amended, (HB 13-1115), ch. 338, p. 1972, § 12, effective March 31, 2015. L. 2014: (1) amended, (HB 14-1315), ch. 295, p. 1218, §§ 9, 10, effective January 1, 2015. L. 2016: (1) amended, (SB 16-189), ch. 210, p. 757, § 17, effective June 6.

Editor's note: (1) This section is similar to former § 10-17-125 as it existed prior to 1992.

(2) Amendments to subsection (1) by House Bill 01-1064 and House Bill 01-1319 were harmonized.


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