KRS 304.17C-070: Prohibition of contract to limit disclosure to enrollee -- Actions for

which provider may not be penalized -- Disclosure of arrangements between

plan and providers.

(1) An insurer may not contract with a health care provider to limit the provider' s

disclosure to an enrollee, or to another person on behalf of an enrollee, of any

information relating to the enrollee's medical condition or treatment option.

(2) A health care provider shall not be penalized, or a health care provider's contract

with a limited health service benefit plan terminated, because the provider discusses

medically necessary or appropriate care with an enrollee or another person on behalf

of an enrollee.

(a) The health care provider may not be prohibited by the plan from discussing all

treatment options with the enrollee.

(b) Other information determined by the health care provider to be in the best

interests of the enrollee may be disclosed by the provider to the enrollee or to

another person on behalf of an enrollee.

(3) (a) A h ealth care provider shall not be penalized for discussing financial

incentives and financial arrangements between the provider and the insurer

with an enrollee.

(b) Upon request, an insurer shall inform its enrollees in writing of the type of

financial arrangements between the plan and participating providers if those

arrangements include an incentive or bonus.