093_HB0086ham001











                                     LRB093 02289 DRJ 08624 a

 1                    AMENDMENT TO HOUSE BILL 0086

 2        AMENDMENT NO.     .  Amend House Bill 0086 on page 2,  by
 3    replacing line 32 with the following:
 4        "(b)  A  health  insurance  carrier,  health  maintenance
 5    organization,  or other managed care entity for a health care
 6    plan has the duty to exercise ordinary care in selecting  and
 7    exercising  control  over  physicians  who render health care
 8    services under the plan and is liable for damages for harm to
 9    an insured or enrollee proximately caused by its  failure  to
10    exercise such ordinary care.
11        (c)  A   health  insurance  carrier,  health  maintenance
12    organization, or other managed care entity for a health  care
13    plan is liable for damages for harm to an insured or enrollee
14    proximately  caused by its breach of any contract or warranty
15    relating to the provision of health care services  under  the
16    plan.
17        (d)  A health insurance carrier, health maintenance"; and

18    on page 3, by replacing lines 10 and 11 with the following:
19    "that results in the failure to exercise ordinary care; or
20             (5)  implied  agents  over  whom it has exerted such
21        sufficient  control  as  to  negate   their   status   as
22        independent contractors.
23        (e)  The  standards in subsections (a), (b), (c), and (d)
 
                            -2-      LRB093 02289 DRJ 08624 a
 1    create no"; and

 2    on page 3, line 16, by changing "(d)" to "(f)"; and

 3    on page 3, line 22, by changing "(e)" to "(g)"; and

 4    on page 3, line 31, by changing "(f)" to "(h)"; and

 5    on page 4, line 4, by changing "(g)" to "(i)"; and

 6    on page 4, line 13, by changing "(h)" to "(j)"; and

 7    on page 4, line 15, by changing "(i)" to "(k)"; and

 8    on page 4, by deleting lines 17 through 20.