Sec. 1005. Right of contract with health care providers
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The Secretary of Health and Human Services shall not preclude an enrollee, participant, or beneficiary in a health benefits plan from entering into any contract or arrangement for health care with any health care provider. In this section, subject to paragraph (2), the term health benefits plan means any of the following: Group health plan (as defined in section 2791 of the Public Health Service Act). Health insurance coverage (as defined in section 2791 of such Act). A health benefits plan under chapter 89 of title 5, United States Code.
Such term does not include a health plan participating in— the Medicaid program under title XIX of the Social Security Act; or the TRICARE program under chapter 55 of title 10, United States Code. In this section, the term health care provider means— a physician, as defined in paragraphs (1), (2), (3), and
(4)of section 1861(r) of the Social Security Act ( 42 U.S.C. 1395x(r) ); and a health care practitioner described in section 1842(b)(18)(C) of such Act ( 42 U.S.C. 1395u(b)(18)(C) ).
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