§432E-4  Enrollee participation in treatment
decisions.  (a)  An enrollee shall have the right to be informed
fully prior to making any decision about any treatment, benefit, or
nontreatment.



(b)  In order to inform enrollees fully, the
provider shall:



(1)  Discuss all treatment options with an enrollee,
as provided by section 671-3, including the option of no treatment at all;



(2)  Ensure that persons with disabilities have an
effective means of communication with the provider and other members of the managed
care plan; and



(3)  Discuss all risks, benefits, and consequences to
treatment and nontreatment, as provided by section 671-3(b).



(c)  The provider shall discuss with the
enrollee and the enrollee's immediate family both advanced health-care directives
and durable powers of attorney in relation to medical treatment, as provided
for in chapter 327E and section 551D-2.5.



(d)  A managed care plan shall be prohibited
from imposing any type of prohibition, disincentive, penalty, or other negative
treatment upon a provider for discussing or providing any information regarding
treatment options and medically necessary or appropriate care, including no
treatment, even if the information relates to services or benefits not provided
by the managed care plan. [L 1998, c 178, pt of §2; am L 2003, c 114, §1; am L
2005, c 22, §30]