122 
(A) the disclosure of such information in 
such form is in accordance with requirements 
as the appropriate Secretary may impose, and 
(B) in connection with any such disclosure 
of information through the Internet or other 
electronic media— 
(i) the recipient has affirmatively con-
sented to the disclosure of such informa-
tion in such form, 
(ii) the recipient is capable of access-
ing the information so disclosed on the re-
cipient’s individual workstation or at the 
recipient’s home, 
(iii) the recipient retains an ongoing 
right to receive paper disclosure of such in-
formation and receives, in advance of any 
attempt at disclosure of such information 
to him or her through the Internet or 
other electronic media, notice in printed 
form of such ongoing right and of the 
proper software required to view informa-
tion so disclosed, and 
(iv) the plan administrator appro-
priately ensures that the intended recipient 
is receiving the information so disclosed
123 
and provides the information in printed 
form if the information is not received. 
Subtitle D—Protecting the Doctor- 
patient Relationship 
SEC. 131. PROHIBITION OF INTERFERENCE WITH CERTAIN 
MEDICAL COMMUNICATIONS. 
(a) GENERAL RULE.—The provisions of any contract 
or agreement, or the operation of any contract or agree-
ment, between a group health plan or health insurance 
issuer in relation to health insurance coverage (including 
any partnership, association, or other organization that 
enters into or administers such a contract or agreement) 
and a health care provider (or group of health care pro-
viders) shall not prohibit or otherwise restrict a health 
care professional from advising such a participant, bene-
ficiary, or enrollee who is a patient of the professional 
about the health status of the individual or medical care 
or treatment for the individual’s condition or disease, re-
gardless of whether benefits for such care or treatment 
are provided under the plan or coverage, if the professional 
is acting within the lawful scope of practice. 
(b) NULLIFICATION.—Any contract provision or 
agreement that restricts or prohibits medical communica-
tions in violation of subsection (a) shall be null and void.
124 
SEC. 132. PROHIBITION OF DISCRIMINATION AGAINST PRO-
VIDERS BASED ON LICENSURE. 
(a) IN GENERAL.—A group health plan, and a health 
insurance issuer with respect to health insurance coverage, 
shall not discriminate with respect to participation or in-
demnification as to any provider who is acting within the 
scope of the provider’s license or certification under appli-
cable State law, solely on the basis of such license or cer-
tification. 
(b) CONSTRUCTION.—Subsection (a) shall not be con-
strued— 
(1) as requiring the coverage under a group 
health plan or health insurance coverage of a par-
ticular benefit or service or to prohibit a plan or 
issuer from including providers only to the extent 
necessary to meet the needs of the plan’s or issuer’s 
participants, beneficiaries, or enrollees or from es-
tablishing any measure designed to maintain quality 
and control costs consistent with the responsibilities 
of the plan or issuer; 
(2) to override any State licensure or scope-of- 
practice law; or 
(3) as requiring a plan or issuer that offers net-
work coverage to include for participation every will-
ing provider who meets the terms and conditions of 
the plan or issuer.