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Scope of service - 40 Pa. Cons. Stat. § 6322Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 6322. Scope of service.
(a) Territory of service.--The certificate of authority of a
professional health service corporation shall define the limits
of the area in which it may operate. If the corporation is
deemed to be a holder of a certificate of authority under
section 6304(b) of this title (relating to exemptions), the
articles of incorporation of the corporation on the effective
date of this chapter, regardless of any subsequent amendment to
such articles, shall be deemed to be its initial certificate of
authority for the purposes of this section.
(b) Classes and kinds of services.--The certificate of
authority, bylaws, or resolutions of the board of directors of a
professional health service corporation may limit the
professional health services that will be provided for its
subscribers, and may divide such professional health services as
it elects to provide into classes or kinds, and it may enter
into contracts with its subscribers or groups of subscribers to
secure professional health services of any kind or class so
delimited. A general medical services corporation shall make
available to its subscribers or groups of subscribers, upon
request of any individual for his individual subscriptions or
any group for its group subscriptions, contracts which provide
coverage for professional health services with appropriate
premiums.
(c) Services provided only by licensed persons.--A
professional health service corporation shall not provide
professional health services for its subscribers otherwise than
through health service doctors, duly licensed to practice in
their respective fields under the laws of this Commonwealth.
(d) Services provided only to domiciliaries.--A professional
health service corporation shall provide professional health
services only to persons domiciled within this Commonwealth. If
a subscriber, regularly domiciled within this Commonwealth and
entitled to professional health services, or any of his
dependents so entitled, necessarily employs professional health
services within the meaning of this chapter, while absent from
this Commonwealth, a professional health service corporation to
which he is a subscriber may, in its discretion, and if
satisfied as to the necessity for such services and satisfied
that it was such as the subscriber would have been entitled to
under similar circumstances in this Commonwealth, pay to the
persons who rendered the services such fees and charges as would
have been payable if the services had been rendered in this
Commonwealth. A professional health service corporation
organized under the laws of, and operating near the boundaries
of, this Commonwealth may, with the consent of the proper
officers of and as authorized by the laws of the adjacent state,
provide professional health services therein; but all operations
of any such corporation, whether within or without this
Commonwealth, shall remain at all times subject to the
provisions of this chapter.
(e) Liability of corporation limited.--All professional
health services provided by or on behalf of a professional
health service corporation shall be in accordance with the best
professional health service practice in the community at the
time, but the corporation providing such services shall not be
liable for injuries resulting from negligence, misfeasance,
malfeasance, nonfeasance, or malpractice, on the part of any
officer or employee or on the part of any health service doctor
in the course of rendering professional health services to
subscribers, and the corporation may so provide in its contracts
with subscribers.
(f) Legislative amendment of stated purposes of existing
corporations.--The stated purposes of all existing general
medical service corporations are hereby amended so as to include
the furnishing of osteopathic, dental, optometric, podiatry,
chiropractic, physical therapy, psychological, speech-language
pathology and audiology services and the services of teachers of
persons who are hearing impaired through doctors of osteopathy,
dentistry, optometry, podiatry and chiropractic and through
licensed physical therapists, psychologists, speech-language
pathologists, audiologists and teachers of persons who are
hearing impaired, respectively.
(Oct. 10, 1980, P.L.801, No.151, eff. 90 days; Mar. 30, 1982,
P.L.220, No.70, eff. imd.; Apr. 20, 1988, P.L.363, No.57, eff.
60 days; Apr. 21, 1994, P.L.124, No.14, eff. 60 days)
1994 Amendment. Act 14 amended subsec. (f).
1980 Amendment. Act 151 amended subsecs. (b) and (f).
Cross References. Section 6322 is referred to in section
6324 of this title.
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Last modified: November 27, 2007 |