Enforcement.

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(1) If it is determined that a carrier has not contracted with enough participating providers to assure that covered persons have accessible health care services in a geographic area, that a carrier's access plan does not assure reasonable access to covered benefits, that a carrier has entered into a contract that does not comply with this part 7, or that a carrier has not complied with a provision of this part 7, the commissioner may institute a corrective action that shall be followed by the carrier or may use any of the commissioner's other enforcement powers to obtain the carrier's compliance with this part 7.

  1. The commissioner shall not act to arbitrate, mediate, or settle disputes between amanaged care plan and a provider concerning a provider's inclusion or termination from the network.

  2. Failure of a provider to comply with the requirements of section 10-16-705 (16) shallpreclude a carrier from contracting with a provider.

Source: L. 97: Entire part added, p. 1332, § 2, effective July 1. L. 2002: (3) added, p. 1299, § 15, effective January 1, 2003.


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