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



(b)  Solicitation of enrollees by a health
maintenance organization granted a certificate of authority, or its
representatives, shall not be construed to violate any provision of law
relating to solicitation or advertising by health professionals.



(c)  Any health maintenance organization
granted a certificate of authority under this chapter shall not be deemed to be
practicing medicine or osteopathic medicine and shall be exempt from the
provision of chapter 453 relating to the practice of medicine or osteopathic
medicine.



(d)  Article 2, article 13, and article 14G of
chapter 431, and the power there granted to the commissioner, shall apply to
health maintenance organizations, so long as the application in any
particular case is in compliance with and is not preempted by applicable
federal 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 L
2009, c 11, §54]



 



Note



 



  The repeal and reenactment note at subsection (b) in the main
volume took effect on June 30, 2006, pursuant to L 2002, c 74, §6 and L 2003, c
3, §22.



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