A health care service plan that authorizes a specific type of treatment by a provider shall not rescind or modify this authorization after the provider renders the health care service in good faith and pursuant to the authorization for any reason, including, but not limited to, the plan’s subsequent rescission, cancellation, or modification of the enrollee’s or subscriber’s contract or the plan’s subsequent determination that it did not make an accurate determination of the enrollee’s or subscriber’s eligibility. This section shall not be construed to expand or alter the benefits available to the enrollee or subscriber under a plan. The Legislature finds and declares that by adopting the amendments made to this section by Assembly Bill 1324 of the 2007–08 Regular Session it does not intend to instruct a court as to whether or not the amendments are existing law.
Cal. Health & Safety Code § 1371.8
Standards
Known as the Knox-Keene Health Care Service Plan Act
The act spans §§ 1340–1399 (617 sections).
Applied in 2 court decisions — leading case 172 Cal. App. 4th 1594 - Mintz v. Blue Cross of California (2009)
Most recently applied in 119 F. Supp. 3d 1042 - Community Hospital of the Monterey Peninsula v. Aetna Life Insurance (August 2015)
Amended by Stats. 2007, Ch. 702, Sec. 1
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.