(a) As used in this Code section, the term: (1) "Anesthetic" means an agent that produces insensibility to
pain or touch. According to their action, such anesthetics are
subdivided into the categories of general and local anesthetics. (2) "Charges for facility services" means charges for such items
as drugs and biologicals administered at the facility, trays,
bandages, and casts which are furnished incidentally to a
physician's services and which are commonly furnished in a
physician's office. (3) "General anesthetic" means an anesthetic that is complete and
affects the entire body causing loss of consciousness when the
anesthetic acts upon the brain. Such anesthetics are usually
administered intravenously or through inhalation. (4) "Licensed medical practitioner" means a medical practitioner
who is currently licensed to practice medicine under Chapter 34 or
35 of Title 43 and who has agreed to submit to review by a
Professional Standards Review Organization (PSRO) established,
conditionally or otherwise, pursuant to Part B of Title XI of the
Social Security Act (42 U.S.C. Section 1320c et seq.), or by a
medical care foundation or other recognized peer review
organization, and who is approved to perform the covered
procedures under a local anesthetic at an accredited hospital
located within the area where the procedures are performed. (5) "Local anesthetic" means an anesthetic affecting a local area
only, the anesthetic operating upon the nerves or nerve tracts. (6) "Medical emergency" means the sudden and unexpected onset of a
condition with severe symptoms, requiring medical care which is
secured immediately after the onset or within 72 hours after the
onset of symptoms. The illness or condition as finally diagnosed
must be one which normally would require immediate medical, not
surgical, care. Sudden, unexpected, severe medical conditions or
symptoms are those which are or which give evidence of being life
threatening. Previously diagnosed chronic conditions in which
subacute symptoms have existed over a period of time shall not be
included in the definition of medical emergency unless symptoms
suddenly become so severe as to require immediate medical aid.
Provided they meet the requirements of this definition, conditions
such as the following will qualify as medical emergencies:
appendicitis, acute asthma, breathing difficulties or shortness of
breath, severe bronchitis, severe onset of bursitis, severe chest
pain, choking, coma, convulsions or seizures, cystitis, dermatitis
or hives (resulting from internal or unknown causes), diabetic
coma, severe diarrhea, drug reaction, epistaxis (nosebleed),
fainting, severe fecal impaction, food poisoning, frostbite, acute
attack of gall bladder, gastritis, acute gastrointestinal
conditions, severe headache, suspected heart attack, hemorrhage,
hysteria, insertion of catheter (for acute retention), insulin
shock (overdose), kidney stone, maternity complications such as a
suspected miscarriage (if policy covers maternity), sudden or
severe onset of pain, pleurisy, pneumonitis, poisoning (including
overdoses), pyelitis, pyelonephritis, shock, cerebral or cardiac
spasms, spontaneous pneumothorax, severe stomach pains,
strangulated hernia, stroke, sunstroke, swollen ring finger,
tachycardia, thrombosis or phlebitis, unconsciousness, acute
urinary retention, sudden onset of vision loss, or severe
vomiting. (7) "Professional fees" means charges for identifiable
professional services rendered by a physician to a patient in
person, which services contribute either to the diagnosis of the
condition or the treatment of the patient. (b) Every insurer authorized to issue accident and sickness benefit
plans, policies, or contracts shall be required to make available,
as an optional endorsement to all such policies that provide
coverage for medical or surgical procedures which are required to be
performed on an inpatient basis, an endorsement which provides at
least the following coverages: (1) Coverage which provides reimbursement for any covered surgical
procedures performed on an outpatient basis when such procedures
are performed by a licensed medical practitioner operating with
the use of local anesthetic at a licensed outpatient surgical
facility affiliated with a licensed hospital, at a licensed
freestanding surgical facility, at a surgical facility operated by
a health maintenance organization, or at the office of a licensed
medical practitioner; and (2) Coverage which provides reimbursement for medical or surgical
procedures performed on an outpatient basis in the case of a
medical emergency. (c) All payments made under the coverages provided for in this Code
section shall be made in accordance with the schedule of benefits
contained in the policy, if applicable, or in accordance with the
usual, customary, and reasonable professional fees and charges for
facility services furnished in connection with such procedures. (d) This Code section shall also apply to policies or contracts
issued by a hospital service nonprofit corporation, a health care
plan, a nonprofit medical service corporation, a health maintenance
organization, a fraternal benefit society, or any other similar
entity. (e) The requirements of this Code section with respect to a group or
blanket accident and sickness insurance benefit plan, policy, or
contract shall be satisfied if the coverage specified in paragraphs
(1) and (2) of subsection (b) of this Code section is made available
to the master policyholder of such plan, policy, or contract.
Nothing in this Code section shall be construed to require the group
insurer, nonprofit corporation, health care plan, health maintenance
organization, or master policyholder to provide or to make available
such coverage to any certificate holder insured under such group
policy, plan, or contract. (f) Nothing in this Code section shall be construed to prohibit an
insurer, nonprofit corporation, health care plan, or other person
issuing any similar accident and sickness insurance benefit plan,
policy, or contract from issuing or continuing to issue an accident
and sickness insurance benefit plan, policy, or contract which
provides benefits greater than the minimum benefits required to be
made available under this Code section or from issuing any such
plans, policies, or contracts which provide benefits which are
generally more favorable to the insured than those required to be
made available under this Code section. |