Title 33, Chapter 18, Section 17
( 33-18-17)
(a) Medical service corporations shall have the right to sell
contracts providing for the payment of specified charges made by
physicians furnishing medical services to the holders of the
contracts, their beneficiaries, and covered dependents as provided
for in this chapter. (b) The contracts shall not in any manner restrict the right of the
holder to obtain the services of any licensed doctor of medicine,
licensed doctor of dental surgery, or licensed podiatrist nor shall
the contracts attempt to control the relation existing between any
holder or beneficiary of any such contract and his physician. The
medical service corporations shall impose no restriction on the
doctors of medicine, doctors of dental surgery, or podiatrists who
treat their subscribers as to the methods of diagnosis or treatment.
The private physician-patient relationship shall be maintained; and
a subscriber shall at all times have free choice of any doctor of
medicine, doctor of dental surgery, or podiatrist who is a
participating physician in the medical service corporation and who
agrees to accept a particular beneficiary as a patient. (c) It is the purpose of this Code section to make it clear that the
creation of the relationship of patient and physician depends upon
the mutual assent of both parties. Contracts issued by the medical
service corporation to the subscribers shall not constitute
individually or jointly obligations of the participating physician
or physicians servicing the plan. (d) No provision of this chapter shall be construed as authorizing
the corporate practice of medicine, dentistry, or podiatry; and
medical service corporations shall not practice medicine, dentistry,
or podiatry. No physician rendering service or called on to render
service to a member, beneficiary, or covered dependent shall be
construed to be an agent or employee of a medical service
corporation; and the medical service corporation shall not be liable
for the negligence, misfeasance, malfeasance, nonfeasance, or
malpractice of any physician rendering medical or surgical, dental,
or podiatric services to any such member, beneficiary, or covered
dependent. |