Health benefit programs; discrimination; cause of action. Adds licensed outpatient facilities to the types of preferred providers that an insurer is required to establish terms and conditions for and is prohibited from discriminating against with regard to the insurer's health benefit program. The bill removes provisions stating that certain price differences are not considered discrimination. The bill provides for a cause of action for any health care provider that suffers loss as a result of an insurer's violation of provisions related to the health benefit program or an insurer's breach of any provider contract provision. Under the bill, if the court finds that the violation or breach resulted from an insurer's gross negligence or willful conduct, the court may increase damages to an amount not exceeding three times the actual damages sustained, and in addition to any damages awarded, the health care provider may be awarded equitable and injunctive relief and reasonable attorney fees and court costs.

Statutes affected:
Introduced: 38.2-3407