78911938.2-4209Virginia Decodedhttps://vacode.org2016InsuranceHealth Services PlansIn GeneralPreferred provider subscription contracts1983, c. 464, § 38.1-813.4; 1986, c. 562; 1999, cc. 643, 649.Blue Cross v. St. Mary's Hosp.Record Nos. 920146, 920173426 S.E.2d 1171993-01-08https://www.courtlistener.com/opinion/1307694/blue-cross-v-st-marys-hosp/ . . . Code § 38.2-4209 were not preempted by ERISA, and (2) Blue Cross had not violated Code § . . . <abbr title="Supreme Court of Virginia">SCV</abbr>http://law.lis.virginia.gov/vacode/38.2-4209/38.2-4218Subscriber to have free choice of medical practitioners available/38.2-4218/38.2-4221Services of certain practitioners other than physicians to be covered/38.2-4221//38.2-4209/38.2/42/1/38.2-420932.1-137.138.2-3407.1038.2-3407.1238.2-4209.138.2-422138.2-5800Notwithstanding the provisions of §§ 38.2-4218 and 38.2-4221, any nonstock corporation may, as a feature of its plan, offer preferred provider subscription contracts pursuant to the requirements of this section that limit the numbers and types of providers of health care services eligible for payment as preferred providers.sectionBB1Any such nonstock corporation shall establish terms and conditions that shall be met by a hospital, physician or other type of provider listed in § 38.2-4221 in order to qualify for payment as a preferred provider under the subscription contracts. These terms and conditions shall not discriminate unreasonably against or among health care providers. No hospital, physician or type of provider listed in § 38.2-4221 willing to meet the terms and conditions offered to it or him shall be excluded. Differences in prices among hospitals or other institutional providers produced by a process of individual negotiations with the providers or based on market conditions, or price differences among providers in different geographical areas shall not be deemed unreasonable discrimination. The Commission shall have no jurisdiction to adjudicate controversies growing out of this subsection.sectionCC1Mandated types of providers listed in § 38.2-4221 and types of providers whose services are required to be made available and which have been specifically contracted for by the holder of any subscription contract shall, to the extent required by § 38.2-4221, have the same opportunity as do doctors of medicine to qualify for payment as preferred providers.sectionDD1Preferred provider subscription contracts shall provide for payment for services rendered by nonpreferred providers, but the payments need not be the same as for preferred providers.sectionEE1No contract between a nonstock corporation and a provider shall include provisions which require a health care provider or health care provider group to deny covered services that such provider or group knows to be medically necessary and appropriate that are provided with respect to a specific enrollee or group of enrollees with similar medical conditions.sectionFF1