§432D-19  Statutory construction andrelationship to other laws.  (a)  Except as provided in subsection (d) andotherwise provided in this chapter, the insurance laws and hospital or medicalservice corporation laws shall not apply to the activities authorized andregulated under this chapter of any health maintenance organization granted acertificate of authority under this chapter.  This chapter shall not apply toan insurer or hospital or medical service corporation licensed and regulatedpursuant to the insurance laws or the hospital or medical service corporationlaws of this State except with respect to its health maintenance organizationactivities authorized and regulated pursuant to this chapter.

(b)  Solicitation of enrollees by a healthmaintenance organization granted a certificate of authority, or itsrepresentatives, shall not be construed to violate any provision of lawrelating to solicitation or advertising by health professionals.

(c)  Any health maintenance organizationgranted a certificate of authority under this chapter shall not be deemed to bepracticing medicine or osteopathic medicine and shall be exempt from theprovision of chapter 453 relating to the practice of medicine or osteopathicmedicine.

(d)  Article 2, article 13, and article 14G ofchapter 431, and the power there granted to the commissioner, shall apply tohealth maintenance organizations, so long as the application in anyparticular case is in compliance with and is not preempted by applicablefederal statutes and regulations. [L 1995, c 179, pt of §1; am L 1998, c 178,§4; am L 2002, c 74, §§4, 6; am L 2003, c 3, §22; am L 2007, c 175, §4; am L2009, c 11, §54]

 

Note

 

  The repeal and reenactment note at subsection (b) in the mainvolume took effect on June 30, 2006, pursuant to L 2002, c 74, §6 and L 2003, c3, §22.

  The 2009 amendment is retroactive to April 3, 2008.  L 2009,c 11, §76(2).