No insurer may terminate or otherwise financially penalize a provider for:

1. (1) Providing information to or communicating with a patient in a manner that is not slanderous, defamatory or intentionally inaccurate concerning:

   1. (a) Any aspect of the patient’s medical condition;
   2. (b) Any proposed treatment or treatment alternatives, whether covered by the insurer’s health benefit plan or not; or
   3. (c) The provider’s general financial arrangement with the insurer.

2. (2)

   1. (a) Referring a patient to another provider, whether or not that provider is under contract with the insurer. If a provider refers a patient to another provider, the referring provider shall:

      1. (A) Comply with the insurer’s written policies and procedures with respect to any such referrals; and
      2. (B) Inform the patient that the referral services may not be covered by the insurer.
   2. (b) Allocation of costs for referral services shall be a matter of contract between the provider and the insurer. Allocation of costs to the provider by contract shall not be considered a penalty under this section.

[Formerly 743.834]