(a)        A health benefit plan or insurer shall send any proposed contract amendment to the notice contact of a health care provider pursuant to N.C. Gen. Stat. § 58-50-275. The proposed amendment shall be dated, labeled “Amendment,” signed by the health benefit plan or insurer, and include an effective date for the proposed amendment.

(b)        A health care provider receiving a proposed amendment shall be given at least 60 days from the date of receipt to object to the proposed amendment. The proposed amendment shall be effective upon the health care provider failing to object in writing within 60 days.

(c)        If a health care provider objects to a proposed amendment, then the proposed amendment is not effective and the initiating health benefit plan or insurer shall be entitled to terminate the contract upon 60 days written notice to the health care provider.

(d)       Nothing in this Part prohibits a health care provider and insurer from negotiating contract terms that provide for mutual consent to an amendment, a process for reaching mutual consent, or alternative notice contacts. ?(2009-352, s. 1; 2009-487, s. 2(c).)

Terms Used In North Carolina General Statutes 58-50-280

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Contract: A legal written agreement that becomes binding when signed.
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3