CHAPTER 216


97-S 424
Effective Without the Governor's Signature
Jul. 8, 1997


AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- OPTICIANS

It is enacted by the General Assembly as follows

SECTION 1. Section 5-35-21.1 of the General Laws in Chapter 5-35 entitled "Optometrists" is hereby amended to read as follows:

5-35-21.1. Freedom of choice for eye care. -- (a) Any contract providing for health care benefits, which calls for the expenditure of private or public funds, for any purpose involving eye care, which is within the scope of practice of optometry, shall provide the recipients and/or beneficiaries the freedom to choose within the participating provider panel either an optometrist or physician to provide such eye care. This provision shall be applicable whether or not the contract is executed and/or delivered in or outside of the state, or for use within or outside of the state by or for any individuals who reside or are employed in the state.

(b) Provided, however, where such contracts call for the expenditure of public funds, for any purpose involving eye expenditure of public funds, for any purpose involving eye care, there shall be no discrimination as to the rate of reimbursement for such health care whether provided by a doctor of optometry or physician providing like services.

(c) Provided further, however, where such contracts call for the expenditure of public funds involving Medicaid and RIte Care for any purpose relating to eyewear, and as it pertains to Opticianary, the distribution, dispensing, filling, duplication and fabrication of eyeglasses or optical prosthesis by opticians as defined in section 5-35-1, {ADD all such health plans or contracts shall be required to notify by publication in a public newspaper published within and circulated and distributed throughout the state of Rhode Island, to all providers, including but not limited to opticians, within the health plan's or contract's geographic service area of the opportunity to apply for credentials, and further, ADD} there shall be no discrimination as to the rate of reimbursement for such health care provided by an optician for like services as rendered by other professions pursuant to this section. {ADD Nothing contained herein shall require health plans to contract with any particular class of providers. ADD}

SECTION 2. This act shall take effect upon passage.



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