§432E-4  Enrollee participation in treatmentdecisions.  (a)  An enrollee shall have the right to be informedfully prior to making any decision about any treatment, benefit, ornontreatment.

(b)  In order to inform enrollees fully, theprovider 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 aneffective means of communication with the provider and other members of the managedcare plan; and

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

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

(d)  A managed care plan shall be prohibitedfrom imposing any type of prohibition, disincentive, penalty, or other negativetreatment upon a provider for discussing or providing any information regardingtreatment options and medically necessary or appropriate care, including notreatment, even if the information relates to services or benefits not providedby the managed care plan. [L 1998, c 178, pt of §2; am L 2003, c 114, §1; am L2005, c 22, §30]