{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-6593","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-6593","heading":"Duty of health care entity to exercise ordinary care -","body":"Liability for damages - Application of act.\n\nA. A health insurance carrier, health maintenance organization,\n\nor other managed care entity for a health care plan has the duty to\n\nexercise ordinary care when making health care treatment decisions\n\nand shall be liable for damages for harm to an enrollee proximately\n\ncaused by breach of the duty to exercise ordinary care if:\n\n1. The failure to exercise ordinary care resulted in the\n\ndenial, significant delay, or modification of the health care\n\nservice recommended for, or furnished to, an enrollee; and\n\n2. The enrollee suffered harm.\n\nB. The standards in subsection A of this section create no\n\nobligation on the part of the health insurance carrier, health\n\nmaintenance organization, or other managed care entity to provide to\n\nan enrollee treatment which is not covered by the health care plan.\n\nC. This act does not create any liability on the part of an\n\nemployer or an employer group purchasing organization that sponsors\n\nor participates in a health care plan or purchases coverage or\n\nassumes risk on behalf of or for the benefit of its employees or the\n\nemployees of one or more subsidiaries or affiliates of the employer.\n\nD. A health care plan, health insurance carrier, health\n\nmaintenance organization, or managed care entity may not remove a\n\nhealth care provider from its plan or refuse to renew the health\n\ncare provider from its plan for advocating on behalf of an enrollee\n\nfor appropriate and medically necessary health care for the\n\nenrollee.\n\nE. A health insurance carrier, health maintenance organization,\n\nor other managed care entity shall not seek indemnification from a\n\nhealth care provider, whether contractual or equitable, for\n\nliability imposed by this act. Any provision in a contract to the\n\ncontrary is void and unenforceable.\n\nF. Nothing in any law of this state prohibiting a health\n\ninsurance carrier, health maintenance organization, or other managed\n\ncare entity from practicing medicine or being licensed to practice\n\nmedicine may be asserted as a defense by a health insurance carrier,\n\nhealth maintenance organization, or other managed care entity in an\n\naction brought against it pursuant to this section or any other law\n\nof this state.\n\nG. This section shall not create any new or additional\n\nliability on the part of a health insurance carrier, health\n\nmaintenance organization, or managed care entity for harm caused\n\nthat is attributable to the medical negligence of a health care\n\nprovider.\n\nH. An enrollee who files an action under this act shall comply\n\nwith all requirements relating to cost bonds, deposits, and expert\n\nreports.\n\nI. This act shall not apply to insurance agents licensed by the\n\nInsurance Department.\n\nJ. This act shall not apply to workers’ compensation insurance.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2d1c5b6bbeaa4d20013d27e4abf1cf189c3f380f0512616a65ebbc8ec3f0f895","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-6592","next":"us-ok/okla.-stat.-tit.-36-36-6594"},"notice":"GroundRules: Original legal text. Not legal advice."}