§ 131E-308. Statutory construction and relationship to other laws. - North Carolina Statutes

§ 131E‑308. Statutory construction and relationship to other laws.

(a)        Except as otherwise provided in this Article, provisions ofthe insurance laws and provisions of hospital or medical service corporationlaws shall not be applicable to any provider sponsored organization granted alicense under this Article or to its sponsoring providers when operating undersuch a license. This provision shall not apply to an insurer or hospital ormedical service corporation licensed and regulated pursuant to the insurancelaws or the hospital or medical service corporation laws of this State exceptwith respect to its provider sponsored organization activities authorized andregulated pursuant to this Article.

(b)        Solicitation of beneficiaries by a provider sponsoredorganization granted a license, or its representatives, shall not be construedto violate any provision of law relating to solicitation or advertising byhealth professionals or health care providers.

(c)        Any provider sponsored organization licensed under thisArticle shall not be considered to be a provider of medicine and shall beexempt from the provisions of Chapter 90 of the General Statutes relating tothe practice of medicine: provided, however, that this exemption does not applyto individual providers under contract with or employed by the providersponsored organization or sponsoring providers or to the sponsoring providers.

(d)        Except as otherwise limited by this Article, a PSO mayorganize in the same manner and may exercise the same prerogatives, powers, andprivileges as other entities that are organized and existing under the samelaws as the PSO. (1998‑227, s.1.)