Prohibiting fee to include provider of health care on panel; penalty; costs and attorney’s fees; suspension of activities
1. If an administrator establishes a panel of providers of health care or contracts with an organization that establishes a panel of providers of health care, the administrator shall not charge a provider of health care or such an organization:
(a) Any fee to include the name of the provider of health care on the panel; or
(b) Any other fee related to establishing the provider of health care as a provider on the panel.
2. If an administrator violates the provisions of subsection 1, the administrator shall pay to the provider of health care or organization, as appropriate, an amount that is equal to twice the fee charged to the provider of health care or the organization.
3. A court shall award costs and reasonable attorney’s fees to the prevailing party in any action brought to enforce the provisions of this section.
4. In addition to any relief granted pursuant to this section, if an administrator violates the provisions of subsection 1, the Division shall require the administrator to suspend the prohibited activities until the administrator, as determined by the Division:
(a) Complies with the provisions of subsection 1; and
(b) Refunds to all providers of health care or organizations, as appropriate, all fees obtained by the administrator in violation of subsection 1.